[Congressional Record (Bound Edition), Volume 146 (2000), Part 1]
[Senate]
[Pages 808-818]
[From the U.S. Government Publishing Office, www.gpo.gov]



                          AMENDMENTS SUBMITTED

                                 ______
                                 

            THE NUCLEAR WASTE POLICY AMENDMENTS ACT OF 2000

                                 ______
                                 

                      MURKOWSKI AMENDMENT NO. 2808

  Mr. LOTT (for Mr. Murkowski) proposed an amendment to the bill (S. 
1287) to provide for the storage of spent nuclear fuel pending 
completion of the nuclear waste repository, and for other purposes; as 
follows:

       Beginning on page 1, strike all after the enacting clause 
     and insert the following:

     ``SECTION 1. SHORT TITLE.

       ``This Act may be cited as the `Nuclear Waste Policy 
     Amendments Act of 2000'.

     ``SEC. 2. DEFINITIONS.

       ``For purposes of this Act--
       ``(1) the term ``contract holder'' means a party to a 
     contract with the Secretary of Energy for the disposal of 
     spent nuclear fuel or high-level radioactive waste entered 
     into pursuant to section 302(a) of the Nuclear Waste Policy 
     Act of 1982 (42 U.S.C. 10222(a)); and
       ``(2) the terms ``Administrator'', ``civilian nuclear power 
     reactor'', ``Commission'', ``Department'', ``disposal'', 
     ``high-level radioactive waste'', ``Indian tribe'', 
     ``repository'', ``reservation'', ``Secretary'', ``spent 
     nuclear fuel'', ``State'', ``storage'', ``Waste Fund'', and 
     ``Yucca Mountain site'' shall have the meanings given such 
     terms in section 2 of the Nuclear Waste Policy Act of 1982 
     (42 U.S.C. 10101).

                    ``TITLE I--STORAGE AND DISPOSAL

     ``SEC. 101. PROGRAM SCHEDULE.

       ``(a) In General.--The President, the Secretary, and the 
     Nuclear Regulatory Commission shall carry out their duties 
     under this Act and the Nuclear Waste Policy Act of 1982 by 
     the earliest practicable date consistent with the public 
     interest and applicable provisions of law.
       ``(b) Milestones.--
       ``(1) The Secretary shall make a final decision whether to 
     recommend the Yucca Mountain site for development of the 
     repository to the President by December 31, 2001;
       ``(2) The President shall make a final decision whether to 
     recommend the Yucca Mountain site for development of the 
     repository to the Congress by March 31, 2002;
       ``(3) The Nuclear Regulatory Commission shall make a final 
     decision whether to authorize construction of the repository 
     by January 31, 2006; and
       ``(4) As provided in subsection (c), the Secretary shall 
     begin receiving waste at the repository site at the earliest 
     practicable date and no later than eighteen months after 
     receiving construction authorization from the Nuclear 
     Regulatory Commission.
       ``(c) Receipt Facilities.--
       ``(1) As part of the submission of an application for a 
     construction authorization pursuant to section 114(b) of the 
     Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(b)), the 
     Secretary shall apply to the Commission to receive and 
     possess spent nuclear fuel and high-level radioactive waste 
     at surface facilities within the geologic repository 
     operations area for the receipt, handling, packaging, and 
     storage prior to emplacement.
       ``(2) As part of the issuance of the construction 
     authorization under section 114(b) of the Nuclear Waste 
     Policy Act of 1982, the Commission shall authorize 
     construction of surface facilities described in subsection 
     (c)(1) and the receipt and possession of spent nuclear fuel 
     and high-level radioactive waste at such surface facilities 
     within the geologic repository operations area for the 
     purposes in subsection (c)(1), in accordance with such 
     standards as the Commission finds are necessary to protect 
     the public health and safety.

     ``SEC. 102. BACKUP STORAGE CAPACITY.

       ``(a) Subject to section 105(d), the Secretary shall enter 
     into a contract under this subsection with any person 
     generating or owning spent nuclear fuel that meets the 
     requirements of section 135(b)(1)(A) and (B) of the Nuclear 
     Waste Policy Act of 1982 (42 U.S.C. 10155(b)(1)(A) and (B)) 
     to--
       ``(1) take title at the civilian nuclear power reactor site 
     to such amounts of spent nuclear fuel from the civilian 
     nuclear power reactor as the Commission determines cannot be 
     stored onsite; and
       ``(2) transport such spent nuclear fuel to, and store such 
     spent nuclear fuel at--
       ``(A) the repository site after the Commission has 
     authorized construction of the repository without regard to 
     the Secretary's Acceptance Priority Ranking report or Annual 
     Capacity Report; or
       ``(B) a privately owned and operated independent spent fuel 
     storage facility licensed by the Nuclear Regulatory 
     Commission.

     SEC. 103. REPOSITORY LICENSING.

       (a) Adoption of Standards.--
       (1) The Administrator of the Environmental Protection 
     Agency may adopt a rule pursuant to section 801 of the Energy 
     Policy Act of 1992 (42 U.S.C. 10141 note) before June 1, 
     2001, if, after consultation with the National Academy of 
     Sciences, the Administrator and the Nuclear Regulatory 
     Commission can agree on a standard that will protect public 
     health and safety and the environment and that is reasonable 
     and attainable.
       (2) In the absence of an agreement described in paragraph 
     (1), the Administrator may not publish or adopt a rule 
     pursuant to section 801 of the Energy Policy Act of 1992 (42 
     U.S.C. 10141 note) before June 1, 2001.
       (b)  Consultation and Reports to Congress.--
       (1) Not later than 30 days after the enactment of this Act, 
     the Administrator shall provide the Commission and the 
     National Academy of Sciences--
       (A) a detailed written comparison of the provisions of the 
     proposed Environmental Protection Standards for Yucca 
     Mountain, Nevada, published in the Federal Register on August 
     27, 1999 (64 Fed. Reg. 46,975) with the recommendations made 
     by the National Academy of Sciences in its report, Technical 
     Bases for Yucca Mountain Standards, pursuant to section 
     801(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 10141 
     note); and
       (B) the scientific basis for the proposed rule.
       (2) Not later than April 1, 2001, the Commission and the 
     National Academy of Sciences shall, based on the proposed 
     rule and the information provided by the Administrator under 
     paragraph (1), each submit a report to Congress on whether 
     the proposed rule--
       (A) is consistent with section 801(a)(2) of the Energy 
     Policy Act of 1992 (42 U.S.C. 10141 note);
       (B) provides a reasonable expectation that the public 
     health and safety and the environment will be adequately 
     protected from the hazards posted by high-level radioactive 
     waste and spent nuclear fuel disposed of in the repository;
       (C) is based on the best reasonably obtainable scientific 
     and technical information concerning the need for, and 
     consequences of, the rule; and
       (D) imposes the least burden, consistent with obtaining the 
     regulatory objective of protecting the public health and 
     safety and the environment.
       (3) In the event that either the Commission or the National 
     Academy of Sciences finds that the proposed rule does not 
     meet one or more of the criteria listed in paragraph (2), it 
     shall notify the Administrator not later than April 1, 2001 
     of its finding and the basis for such finding.
       (c) Application of Congressional Review Procedures.--Any 
     final rule promulgated under section 801(a)(1) of the Energy 
     Policy Act of 1992 (42 U.S.C. 10141 note) shall be treated as 
     a major rule for purposes of chapter 8 of title 5, United 
     States Code, and shall be subject to all the requirements and 
     procedures pertaining to a major rule in such chapter.
       ``(d) Capacity.--Section 114(d) of the Nuclear Waste Policy 
     Act of 1982 (42 U.S.C. 10134(d)) is amended by striking `The 
     Commission decision approving the first such application * * 
     *' through the period at the end of the sentence.

     ``SEC. 104. NUCLEAR WASTE FEE.

       The last sentence of section 302(a)(4) of the Nuclear Waste 
     Policy Act of 1982 (42 U.S.C. 10222(a)(4)) is amended to read 
     as follows:
       `The adjusted fee proposed by the Secretary shall be 
     effective upon enactment of a joint resolution or other 
     provision of law specifically approving the adjusted fee.'

     ``SEC. 105. SETTLEMENT AGREEMENTS.

       ``(a) In General.--The Secretary may, upon the request of 
     any person with whom he has entered into a contract under 
     section 302(a) of the Nuclear Waste Policy Act of 1982 (42 
     U.S.C. 10222(a)), enter into a settlement agreement with the 
     contract holder to--
       ``(1) relieve any harm caused by the Secretary's failure to 
     meet the Department's commitment, or

[[Page 809]]

       ``(2) settle any legal claims against the United States 
     arising out of such failure.
       ``(b) Types of Relief.--Pursuant to a settlement agreement 
     entered into under this section, the Secretary may--
       ``(1) take title to the contract holder's spent nuclear 
     fuel, notwithstanding section 302(a)(5) of the Nuclear Waste 
     Policy Act of 1982 (42 U.S.C. 10222(a)(5));
       ``(2) provide spent nuclear fuel storage casks to the 
     contract holder;
       ``(3) compensate the contract holder for the cost of 
     providing spent nuclear fuel storage at the contract holders' 
     storage facility; or
       ``(4) provide any combination of the foregoing.
       ``(c) Scope of Relief.--The Secretary's obligation to 
     provide the relief under subsection (b) shall be consistent 
     with the Secretary's obligation to accept delivery of such 
     spent fuel under the terms of the Secretary's contract with 
     such contract holder under section 302(a) of the Nuclear 
     Waste Policy Act of 1982 (42 U.S.C. 10222(a)).
       ``(d) Waiver of Claims.--(1) The Secretary may not enter 
     into a settlement agreement under subsection (a) or (f) or a 
     backup contract under section 102(a) with any contract holder 
     unless the contract holder, as part of such settlement 
     agreement or backup contract, waives any claim for damages 
     against the United States arising out of the Secretary's 
     failure to begin disposing of such person's high-level waste 
     or spent nuclear fuel by January 31, 1998.
       ``(2) Nothing in this subsection shall be read to require a 
     contract holder to waive any future claim against the United 
     States arising out of the Secretary's failure to meet any new 
     obligation assumed under a settlement agreement or back up 
     storage agreement, including the acceptance of spent fuel and 
     high-level waste in accordance with the acceptance schedule 
     established pursuant to section 106.
       ``(e) Source of Funds.--Notwithstanding section 302(d) of 
     the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(d)), 
     the Secretary may not make expenditures from the Nuclear 
     Waste Fund for any costs that may be incurred by the 
     Secretary pursuant to a settlement agreement or backup 
     storage contract under this Act except--
       ``(1) the cost of acquiring and loading spent nuclear fuel 
     casks;
       ``(2) the cost of transporting spent nuclear fuel from the 
     contract holder's site to the repository; and
       ``(3) any other cost incurred by the Secretary required to 
     perform a settlement agreement or backup storage contract 
     that would have been incurred by the Secretary under the 
     contracts entered into under section 302(a) of the Nuclear 
     Waste Policy Act of 1982 (42 U.S.C. 10222(a)) notwithstanding 
     their amendment pursuant to this Act.
       ``(f) Reactor Demonstration Program.--(1) Not later than 
     120 days after the date of enactment of the Nuclear Waste 
     Policy Amendments Act of 2000, and notwithstanding Section 
     302(a)(5) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
     10222(a)(5)), the Secretary is authorized to take title to 
     the spent nuclear fuel withdrawn from the demonstration 
     reactor remaining from the Cooperative Power Reactor 
     Demonstration Program (Pub. L. No. 87-315, Sec. 109, 75 Stat. 
     679), the Dairyland Power Cooperative La Crosse Boiling Water 
     Reactor. Immediately upon the Secretary's taking title to the 
     Dairyland Power Cooperative La Crosse Boiling Water Reactor 
     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 taking title until the Secretary 
     removes the spent nuclear fuel from the Dairyland Power 
     Cooperative La Crosse Boiling Water Reactor site. The 
     Secretary's obligation to take title or compensate the holder 
     of the Dairyland Power Cooperative La Crosse Boiling Water 
     Reactor spent nuclear fuel under this subsection shall 
     include all of such fuel, regardless of the delivery 
     commitment schedule for such fuel under the Secretary's 
     contract with the Dairyland Power Cooperative as the contract 
     holder under Section 302(a) of the Nuclear Waste Policy Act 
     of 1982 (42 U.S.C. 10222(a)) or the acceptance schedule for 
     such fuel under Section 106 of this Act.
       ``(2) As a condition to the Secretary's taking of title to 
     the Dairyland Power Cooperative La Crosse Boiling Water 
     Reactor spent nuclear fuel, the contract holder for such fuel 
     shall enter into a settlement agreement containing a waiver 
     of claims against the United States as provided in this 
     section.
       ``(g) Savings Clause.--(1) Nothing in this section shall 
     limit the Secretary's existing authority to enter into 
     settlement agreements or address shutdown reactors and any 
     associated public health and safety or environmental concerns 
     that may arise.
       ``(2) Nothing in this Act diminishes 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). To the extent this 
     Act imposes obligations on the Federal Government that are 
     greater than those imposed by the court order, the provisions 
     of this Act shall prevail.''

     ``SEC. 106. ACCEPTANCE SCHEDULE.

       ``(a) Priority Ranking.--Acceptance priority ranking shall 
     be determined by the Department's `Acceptance Priority 
     Ranking' report.
       ``(b) Acceptance Rate.--As soon as practicable after 
     construction authorization, but no later than eighteen months 
     after the year of issuance of a license to receive and 
     possess spent nuclear fuel and high-level radioactive waste 
     under section 101(c), the Secretary's total acceptance rate 
     for all spent nuclear fuel and high-level waste shall be a 
     rate no less than the following as measured in metric tonnes 
     uranium (MTU), assuming that each high-level waste canister 
     contains 0.5 MTU: 500 MTU in year 1, 700 MTU in year 2, 1300 
     MTU in year 3, 2100 MTU in year 4, 3100 MTU in year 5, 3300 
     MTU in years 6, 7, and 8, 3400 MTU in years 9 through 24, and 
     3900 MTU in year 25 and thereafter.
       ``(c) Other Acceptances.--Subject to the conditions 
     contained in the license to receive and possess spent nuclear 
     fuel and high-level radioactive waste issued under section 
     101(c), of the amounts provided for in paragraph (b) for each 
     year, not less than one-sixth shall be--
       ``(1) spent nuclear fuel or civilian 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 Amendments of 
     2000;
       ``(2) spent nuclear fuel from foreign research reactors, as 
     necessary to promote nonproliferation activities; and
       (3) spent nuclear fuel and high-level radioactive waste 
     from research and atomic energy defense activities, including 
     spent nuclear fuel from naval reactors.

     Provided, however, That the Secretary shall accept not less 
     than 7.5 percent of the total quantity of fuel and high-level 
     radioactive waste accepted in any year from the categories of 
     radioactive materials described in paragraphs (2) and (3) in 
     subsection (c). If sufficient amounts of radioactive 
     materials are not available to utilize this allocation, the 
     Secretary shall allocate this acceptance capacity to other 
     contract holders.
       ``(4) Effect on schedule.--The contractual acceptance 
     schedule shall not be modified in any way as a result of the 
     Secretary's acceptance of any material other than contract 
     holders' spent nuclear fuel and high-level radioactive waste.
       ``(5) Multi-year shipping campaigns.--Consistent with the 
     acceptance schedule, the Secretary shall, in conjunction with 
     contract holders, define a specified multi-year period for 
     each shipping campaign and establish criteria under which the 
     Secretary could accept contract holders' cumulative 
     allocations of spent nuclear fuel during the campaign period 
     at one time and thereby enhance the efficiency and cost-
     effectiveness of spent nuclear fuel and high-level waste 
     acceptance.

     ``SEC. 107. LOCAL RELATIONS.

       ``(a) Section 170 of the Nuclear Waste Policy Act of 1982 
     is amended to read as follows:

     `SEC. 170. BENEFITS AGREEMENTS.

       `(a) In General.--
       `(1) Separate agreements.--The Secretary shall offer to 
     enter into separate agreements with Nye County, Nevada, and 
     Lincoln County, Nevada, concerning the repository program.
       `(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 Nye County, Nevada, 
     and Lincoln County, Nevada.
       `(b) Amendment.--An agreement entered into under subsection 
     (a) may be amended only with the mutual consent of the 
     parties to the amendment and terminated only in accordance 
     with subsection (c).
       `(c) Termination.--The Secretary shall terminate an 
     agreement under subsection (a) if any element of the 
     repository program may not be completed.
       `(d) Limitation.--Only 1 agreement each for Nye County, 
     Nevada, and Lincoln County, Nevada, may be in effect at any 
     one time.
       `(e) Judicial Review.--Decisions of the Secretary under 
     this section are not subject to judicial review.'.
       ``(b) Section 171 of the Nuclear Waste Policy Act of 1982 
     is amended to read as follows:

     SEC. 171. CONTENT OF AGREEMENTS.

       `(a) In General.--
       `(1) Schedule.--The Secretary, subject to appropriations, 
     shall make payments to the party of a benefits agreement 
     under section 170(a) in accordance with the following 
     schedule:

                            BENEFITS SCHEDULE
                          [Amounts in millions]
------------------------------------------------------------------------
                            Event                               Payment
------------------------------------------------------------------------
(A) Annual payments prior to first receipt of fuel...........       $2.5
(B) Upon first spent fuel receipt............................          5
(C) Annual payments after first spent fuel receipt until               5
 closure of facility.........................................
------------------------------------------------------------------------

       `(2) Definitions.--For purposes of this section, the term--
       `(A) `spent fuel' means high-level radioactive waste or 
     spent nuclear fuel; and

[[Page 810]]

       `(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 line (A) of the benefit schedule 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 line (C) of the benefit schedule shall be 
     made on the anniversary date of such first spent fuel 
     receipt.
       `(4) Reduction.--If the first spent fuel payment under line 
     (B) is made within 6 months after the last annual payment 
     prior to the receipt of spent fuel under line (A) of the 
     benefit schedule, such first spent fuel payment under line 
     (B) of the benefit schedule shall be reduced by an amount 
     equal to \1/12\ of such annual payment under line (A) of the 
     benefit schedule for each full month less than 6 that has not 
     elapsed since the last annual payment under line (A) of the 
     benefit schedule.
       `(b) Contents.--A benefits agreement under section 170 
     shall provide that--
       `(1) the parties to the agreement shall share with one 
     another information relevant to the licensing process for the 
     interim storage facility or repository, as it becomes 
     available; and
       `(2) the affected unit of local government that is party to 
     such agreement may comment on the development of the 
     repository program and on documents required under law or 
     regulations governing the effects of the system on the public 
     health and safety.
       `(c) Construction.--The signature of the Secretary on a 
     valid benefits agreement under section 170 shall constitute a 
     commitment by the United States to make payments in 
     accordance with such agreement.'.
       ``(c) Section 172 of the Nuclear Waste Policy Act of 1982 
     is amended to read as follows:

     `SEC. 172. ACCEPTANCE OF BENEFITS.

       `(a) Consent.--The acceptance or use of any of the benefits 
     provided under this title by any 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 of Nevada or any law thereof, to the siting of the 
     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 of 
     Nevada, to oppose the siting in Nevada of the 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 the State of Nevada, its Governor, any 
     official thereof, or any official of any governmental unit 
     thereof, premised solely upon the acceptance or use of 
     benefits under this title.'.
       ``(d) Section 173 of the Nuclear Waste Policy Act of 1982 
     is amended to read as follows:

     `SEC. 173. RESTRICTION 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; or
       `(3) to support multistate efforts or other coalition-
     building activities inconsistent with the purposes of this 
     Act.'.

     ``SEC. 108. INITIAL LAND CONVEYANCES.

       ``(a) Conveyances of Public Lands.--One hundred and twenty 
     days after enactment, 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, County of Lincoln, or the City of Caliente, 
     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 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.--Subject to valid existing 
     rights and notwithstanding any other law, the Secretary of 
     the Interior or the head of the other appropriate agency 
     shall convey:
       ``(1) To the County of Nye, Nevada, the following public 
     lands depicted on the maps dated February 1, 2000, and on 
     file with the Secretary:
       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.
       ``(2) To the County of Nye, Nevada, the following public 
     lands depicted on the maps dated February 1, 2000, and on 
     file with the Secretary:
       Map 1: Beatty
       Map 2: Ione/Berlin
       Map 3: Manhattan
       Map 4: Round Mountain/Smoky Valley
       Map 5: Tonopah
       Map 6: Armargosa Valley
       Map 7: Pahrump
       ``(3) To the County of Lincoln, Nevada, the following 
     public lands depicted on the maps dated February 1, 2000, and 
     on file with the Secretary:
       Map 2: Lincoln County, Parcel M, Industrial Park Site, 
     Jointly with the City of Caliente
       Map 3: Lincoln County, Parcels F and G, Mixed Use, 
     Industrial Sites
       Map 4: Lincoln County, Parcels H and I, Mixed Use and 
     Airport Expansion Sites
       Map 5: Lincoln County, Parcels J and K, Mixed Use, Airport 
     and Landfill Expansion Sites
       Map 6: Lincoln County, Parcels E and L, Mixed Use, Airport 
     and Industrial Expansion Sites.
       ``(4) To the City of Caliente, Nevada, the following public 
     lands depicted on the maps dated February 1, 2000, and on 
     file with the Secretary:
       Map 1: City of Caliente, Parcels A, B, C and D, Community 
     Growth, Landfill Expansion and Community Recreation Sites
       Map 2: City of Caliente, Parcel M, Industrial Park Site, 
     jointly with Lincoln County.
       ``(5) To the City of Caliente, Nevada, the following public 
     lands depicted on the maps dated February 1, 2000, and on 
     file with the Secretary:
       Map 1: City of Caliente, Industrial Park Site Expansion.
       ``(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 Lincoln or the County of Nye, Nevada, the Secretary 
     of the Interior shall provide evidence of title transfer.

                       ``TITLE II--TRANSPORTATION

     ``SEC. 201. 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 any site where such spent nuclear fuel or high-level 
     radioactive waste is generated or stored to the Yucca 
     Mountain site, using routes that minimize, to the maximum 
     practicable extent and consistent with Federal requirements 
     governing transportation of hazardous materials, 
     transportation of spent nuclear fuel and high-level 
     radioactive waste through populated areas; and
       ``(2) as soon as is practicable following the enactment of 
     this Act, the Secretary 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 Yucca Mountain site.
       ``(b) Transportation Planning.--In conjunction with the 
     development of the logistical plan in accordance with 
     subsection (a), the Secretary shall update and modify, as 
     necessary, the Secretary's transportation institutional plans 
     to ensure that institutional issues are addressed and 
     resolved on a schedule to support the commencement of 
     transportation of spent nuclear fuel and high-level 
     radioactive waste to the Yucca Mountain site no later than 
     January 31, 2006. Among other things, such planning shall 
     provide a schedule and process for addressing and 
     implementing, as necessary, transportation routing plans, 
     transportation contracting plans, transportation training in 
     accordance with section 202, public education regarding 
     transportation of spent nuclear fuel and high-level 
     radioactive waste, and 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 in defined by the Secretary) from each 
     site at which spent nuclear fuel or 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--

[[Page 811]]

       ``(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 repository compared 
     with the safety of alternative modes and routes.
       ``(2) Designation of preferred shipping route and mode.--
     Following the evaluation under paragraph (1)--
       ``(A) Preferred shipping routes.--The Secretary shall 
     select and cause to be used preferred shipping routes for the 
     transportation of spent nuclear fuel and high level 
     radioactive waste from each shipping origin to the 
     repository--
       ``(i) in accordance with the regulations promulgated by the 
     Secretary of Transportation under authority of the Hazardous 
     Materials Transportation Act (chapter 51 of title 49, United 
     States Code) and by the Nuclear Regulatory Commission under 
     authority of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et 
     seq.),
       ``(ii) consistent with federal highway bridge and tunnel 
     restrictions regarding radioactive materials, and
       ``(iii) avoiding highways with down grades of more than 
     seven percent.
       ``(B) State rerouting.--For purposes of this section, a 
     preferred route shall be an Interstate System highway for 
     which an alternative route is not designated by a State 
     routing agency, or a State-designated route designated by a 
     State routing agency pursuant to section 397.103 of Title 49 
     Code of Federal Regulations.
       ``(3) 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.
       ``(4) 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.
       ``(5) 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 202(c) on those routes.
       ``(6) Preferred rail routes.--
       ``(A) Regulation.--Not later than 1 year after the date of 
     enactment of the Nuclear Waste Policy Amendments Act of 2000, 
     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 high-level 
     radioactive waste by rail.
       ``(B) Interim provision.--During the period beginning on 
     the date of enactment of the Nuclear Waste Policy Act of 2000 
     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. 202. TRANSPORTATION REQUIREMENTS.

       ``(a) Package Certification.--No spent nuclear fuel or 
     high-level radioactive waste may be transported by or for the 
     Secretary under this Act except in packages that have been 
     certified for such purposes by the Commission.
       ``(b) State Notification.--The Secretary shall abide by 
     regulations of the Commission regarding advance notification 
     of State and tribal governments prior to transportation of 
     spent nuclear fuel or high-level radioactive waste under this 
     Act.
       ``(c) Technical Assistance.--
       ``(1) In general.--
       ``(A) States and indian tribes.--As provided in paragraph 
     (3), the Secretary shall provide technical assistance and 
     funds to States and Indian tribes for training of public 
     safety officials of appropriate units of State, local, and 
     tribal 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, voluntary emergency 
     response 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 (h); 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 shall be no shipments by the Secretary 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) to the 
     repository 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 radioactive 
     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 
     because of--
       ``(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 Amendments Act of 2000.
       ``(3) Grants.--
       ``(A) In general.--To implement this section, the Secretary 
     may make expenditures from the Nuclear Waste Fund to the 
     extent provided for in appropriation acts.
       ``(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 one or more shipments 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

[[Page 812]]

     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 a 
     repository, regardless of whether the repository is operated 
     by a private entity or by the Department of Energy.
       ``(5) Minimizing Duplication of Effort and Expenses.--The 
     Secretaries of Transportation, Labor, and Energy, Directors 
     of the Federal Emergency Management Agency and National 
     Institute of Environmental Health Sciences, the Nuclear 
     Regulatory Commission, and Administrator of the Environmental 
     Protection Agency shall review periodically, with the head of 
     each department, agency, or instrumentality of the 
     Government, all emergency response and preparedness training 
     programs of that department, agency, or instrumentality to 
     minimize duplication of effort and expense of the department, 
     agency, or instrumentality in carrying out the programs and 
     shall take necessary action to minimize duplication.
       ``(d) Public Information.--The Secretary shall conduct a 
     program, in cooperation with corridor states and tribes, to 
     inform the public regarding the transportation of spent 
     nuclear fuel and high-level radioactive waste, with an 
     emphasis on 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) Use of Private Carriers.--The Secretary, in providing 
     for the transportation of spent nuclear fuel and high-level 
     radioactive waste under this Act, shall contract with private 
     industry to the fullest extent possible in each aspect of 
     such transportation. The Secretary shall use direct Federal 
     services for such transportation only upon a determination by 
     the Secretary of Transportation, in consultation with the 
     Secretary, that private industry is unable or unwilling to 
     provide such transportation services at a reasonable cost.
       ``(f) Compliance With Transportation Regulations.--Any 
     person that transports spent nuclear fuel or high-level 
     radioactive waste under the Nuclear Waste Policy Amendments 
     Act of 2000, 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.
       ``(g) 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).
       ``(h) Training Standard.--
       ``(1) Regulation.--No later than 12 months after the date 
     of enactment of the Nuclear Waste Policy Amendments Act of 
     2000, 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 or high-level 
     radioactive waste.
       ``(2) Secretary of Transportation.--If the Secretary of 
     Transportation determines, in promulgating the regulation 
     required by paragraph (1), that existing Federal regulations 
     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, by Memorandum of Understanding, ensure 
     coordination of worker training standards and to avoid 
     duplicative regulation.
       ``(3) Training Standards Content.--(A) If training 
     standards are required to be promulgated under paragraph (1), 
     such standards shall, among other things deemed necessary and 
     appropriate by the Secretary of Transportation, provide for--
       ``(i) a specified minimum number of hours of initial off 
     site instruction and actual field experience under the direct 
     supervision of a trained, experienced supervisor;
       ``(ii) 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
       ``(iii) a training program applicable to persons 
     responsible for responding to and cleaning up emergency 
     situations occurring during the removal and transportation of 
     spent nuclear fuel and high-level radioactive waste.
       ``(B) The Secretary of Transportation may specify an 
     appropriate combination of knowledge, skills, and prior 
     training to fulfill the minimum number of hours requirements 
     of subparagraphs (i) and (ii).
       ``(4) Emergency responder training standards.--The training 
     standards for persons responsible for responding to emergency 
     situations occurring during the removal and transportation of 
     spent nuclear and high level radioactive waste shall, in 
     accordance with existing regulations, ensure their ability to 
     protect nearby persons, property, or the environment from the 
     effects of accidents involving spent nuclear fuel and high-
     level radioactive waste.
       ``(5) Authorization.--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.

    ``TITLE III--DEVELOPMENT OF NATIONAL SPENT NUCLEAR FUEL STRATEGY

     ``SEC. 301. FINDINGS.

       ``(1) Prior to permanent closure of the geologic repository 
     in Yucca Mountain, Congress must determine whether the spent 
     fuel in the repository should be treated as waste subject to 
     permanent burial or should be considered an energy resource 
     that is needed to meet future energy requirements;
       ``(2) Future use of nuclear energy may require construction 
     of a second geologic repository unless Yucca Mountain can 
     safely accommodate additional spent fuel. Improved spent fuel 
     strategies may increase the capacity of Yucca Mountain.
       ``(3) Prior to construction of any second permanent 
     geologic repository, the nation's current plans for permanent 
     burial of spent fuel should be re-evaluated.

     ``SEC. 302. OFFICE OF SPENT NUCLEAR FUEL RESEARCH

       ``(a) Establishment.--There is hereby established an Office 
     of Spent Nuclear Fuel Research within the Office of Nuclear 
     Energy Science and Technology of the Department of Energy. 
     The Office shall be headed by the Associate Director, who 
     shall be a member of the Senior Executive Service appointed 
     by the Director of the Office of Nuclear Energy Science and 
     Technology, and compensated at a rate determined by 
     applicable law.
       ``(b) Associate Director.--The Associate Director of the 
     Office of Spent Nuclear Fuel Research shall be responsible 
     for carrying out an integrated research, development, and 
     demonstration program on technologies for treatment, 
     recycling, and disposal of high-level nuclear radioactive 
     waste and spent nuclear fuel, subject to the general 
     supervision of the Secretary. The Associate Director of the 
     Office shall report to the Director of the Office of Nuclear 
     Energy Science and Technology. The first such Associate 
     Director shall be appointed within 90 days of the enactment 
     of the Nuclear Waste Policy Amendments Act of 2000.
       ``(c) Grant and Contract Authority.--In carrying out his 
     responsibilities under this Section, the Secretary may make 
     grants, or enter into contracts, for the purposes of the 
     research projects and activities described in (d)(2).
       ``(d)(1) Duties.--The Associate Director of the Office 
     shall involve national laboratories, universities, the 
     commercial nuclear industry, and other organizations to 
     investigate technologies for the treatment, recycling, and 
     disposal of spent nuclear fuel and high-level radioactive 
     waste.
       `'(2) The Associate Director of the Office shall:
       ``(A) develop a research plan to provide recommendations by 
     2015;
       ``(B) identify promising technologies for the treatment, 
     recycling, and disposal of spent nuclear fuel and high-level 
     radioactive waste;
       ``(C) conduct research and development activities for 
     promising technologies;
       ``(D) ensure that all activities include as key objectives 
     minimization of proliferation concerns and risk to the health 
     of the general public or site workers, as well as development 
     of cost-effective technologies;

[[Page 813]]

       ``(E) require research on both reactor- and accelerator-
     based transmutation systems;
       ``(F) require research on advanced processing and 
     separations;
       ``(G) encourage that research efforts include participation 
     of international collaborators;
       ``(H) be authorized to fund international collaborators 
     when they bring unique capabilities not available in the 
     United States and their host country is unable to provide for 
     their support;
       ``(I) ensure that research efforts with this Office are 
     coordinated with research on advanced fuel cycles and 
     reactors conducted within the Office of Nuclear Energy 
     Science and Technology.
       ``(e) Report.--The Associate Director of the Office of 
     Spent Nuclear Fuel Research shall annually prepare and submit 
     a report to the Congress on the activities and expenditures 
     of the Office that discusses progress being made in achieving 
     the objectives of paragraph (b).
                 ``TITLE IV--GENERAL AND MISCELLANEOUS

     ``SEC. 401. 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. 402. REPORTS.

       ``(a) The Secretary is directed to report within 90 days 
     from enactment of this Act regarding all alternatives 
     available to Northern States Power Company and the Federal 
     government which would allow Northern States Power Company to 
     operate the Prairie Island Nuclear Generating Plant until the 
     end of the term of its current NRC licenses, assuming 
     existing state and federal laws remain unchanged.
       ``(b) Within six months of enactment of this Act, the 
     General Accounting Office is directed to report back to the 
     Senate Committee on Energy and Natural Resources and the 
     House Committee on Commerce on the potential economic impacts 
     to Minnesota ratepayers should the Prairie Island Nuclear 
     Generating Plant cease operations once it has met its state 
     imposed storage limitation, including the costs of new 
     generation, decommissioning costs, and the costs of continued 
     operation of on-site storage of spent fuel storage.''.

     ``SEC. 403. SEPARABILITY.

       ``If any provision of this Act, or the application of such 
     provision to any person or circumstance, is held to be 
     invalid, the remainder of this Act, or the application of 
     such provision to persons or circumstances other than those 
     as to which it is held invalid, shall not be affected 
     thereby.''.
                                 ______
                                 

                        WYDEN AMENDMENT NO. 2809

  (Ordered to lie on the table.)
  Mr. WYDEN submitted an amendment intended to be proposed by him to 
amendment No. 2808 proposed by Mr. Murkowski, to the bill, S. 1287, 
supra; as follows:

       On page 17, between lines 13 and 14, insert the following:

     SEC. 107. LIMITATION ON USE OF THE HANFORD NUCLEAR 
                   RESERVATION FOR WASTE STORAGE OR DISPOSAL.

       Notwithstanding any other provision of law, the Hanford 
     Nuclear Reservation in the State of Washington shall not be 
     used for storage or disposal of--
       (1) spent nuclear fuel or high-level radioactive waste from 
     any civilian nuclear power reactor; or
       (2) any spent nuclear fuel or high-level nuclear waste 
     generated by or in connection with operation of the Fast Flux 
     Test Facility, except for fuel or waste generated solely and 
     directly from production of isotopes for medical diagnosis or 
     treatment.
                                 ______
                                 

                   BINGAMAN AMENDMENTS NOS. 2810-2812

  (Ordered to lie on the table.)
  Mr. BINGAMAN submitted three amendments intended to be proposed by 
him to amendment No. 2808 proposed by Mr. Murkowski to the bill, S. 
1287, supra; as follows:

                           Amendment No. 2810

       On page 23, strike line 19 and all that follows through 
     page 25, line 8 and renumbered subsequent sections 
     accordingly.
                                  ____


                           Amendment No. 2811

       On page 9, after line 8, add the following:
       ``(3) 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.''
                                  ____


                           Amendment No. 2812

       On page 17, after line 15, add the following:

     ``SEC. 109. ONE-TIME FEE.

       ``Notwithstanding section 302(c)(1) of the Nuclear Waste 
     Policy Act of 1982 (42 U.S.C. 10222(c)(1), all receipts, 
     proceeds, and recoveries realized by the Secretary under 
     section 302(a)(3) of such Act that are received before the 
     date on which section 110 of this Act takes effect shall be 
     retained by the Secretary and shall be available for 
     expenditure for purposes of radioactive waste disposal 
     activities under titles I and II of the Nuclear Waste Policy 
     Act of 1982 and section 110 of this Act, without further 
     appropriation, but subject to limitations that may be 
     included in appropriation acts.

     ``SEC. 110. REPOSITORY FUNDING.

       ``(a) Use of Fund.--Section 302(e)(2) of the Nuclear Waste 
     Policy Act of 1982 (42 U.S.C. 10222(e)(2)) is amended by 
     striking the last two sentences and inserting the following:
       `` `The Secretary may make expenditures from the Waste Fund 
     without further appropriation, but subject to limitations 
     that may be included in appropriation acts.'.
       ``(b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of enactment of subsequent 
     legislation that amends the discretionary spending limits in 
     section 251(c) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 901(c)), except for subsequent 
     legislation that alters or affects such limits in strict 
     conformance with section 251(b) of such Act (2 U.S.C. 
     901(b)), in effect on the date of enactment of this 
     section.''.
                                 ______
                                 

                      MURKOWSKI AMENDMENT NO. 2813

  (Ordered to lie on the table.)
  Mr. MURKOWSKI submitted an amendment intended to be proposed by him 
to amendment No. 2808 proposed by him to the bill, S. 1287, supra; as 
follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     ``SECTION 1. SHORT TITLE.

       ``This Act may be cited as the `Nuclear Waste Policy 
     Amendments Act of 2000'.

     ``SEC. 2. DEFINITIONS.

       ``For purposes of this Act--
       ``(1) the term `contract holder' means a party to a 
     contract with the Secretary of Energy for the disposal of 
     spent nuclear fuel or high-level radioactive waste entered in 
     pursuant to section 302(a) of the Nuclear Waste Policy Act of 
     1982 (42 U.S.C. 10222(a)); and
       ``(2) the terms ``Administrator'', ``civilian nuclear power 
     reactor'', ``Commission'', ``Department'', ``disposal'', 
     ``high-level radioactive waste'', ``Indian tribe'', 
     ``repository'', ``reservation'', ``Secretary'', ``spent 
     nuclear fuel'', ``State'', ``storage'', ``Waste Fund'', and 
     ``Yucca Mountain site'' shall have the meanings given such 
     terms in section 2 of the Nuclear Waste Policy Act of 1982 
     (42 U.S.C. 10101).

                    ``TITLE I--STORAGE AND DISPOSAL

     ``SEC. 101. PROGRAM SCHEDULE.

       ``(a) In General.-- The President, the Secretary, and the 
     Nuclear Regulatory Commission shall carry out their duties 
     under this Act and the Nuclear Waste Policy Act of 1982 by 
     the earliest practicable date consistent with the public 
     interest and applicable provisions of law.
       ``(b) Milestones.--
       ``(1) The Secretary shall make a final decision whether to 
     recommend the Yucca Mountain site for development of the 
     repository to the President by December 31, 2001;
       ``(2) The President shall make a final decision whether to 
     recommend the Yucca Mountain site for development of the 
     repository to the Congress by March 31, 2002;
       ``(3) The Nuclear Regulatory Commission shall make a final 
     decision whether to authorize construction of the repository 
     by January 31, 2006; and
       ``(4) As provided in subsection (c), the Secretary shall 
     begin receiving waste at the repository site at the earliest 
     practicable date and no later than eighteen months after 
     receiving construction authorization from the Nuclear 
     Regulatory Commission.
       ``(c) Receipt Facilities.--
       ``(1) As part of the submission of an application for a 
     construction authorization pursuant to section 114(b) of the 
     Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(b)), the 
     Secretary shall apply to the Commission to receive and 
     possess spent nuclear fuel and high-level radioactive waste 
     at surface facilities within the geologic repository 
     operations area for the receipt, handling, packaging, and 
     storage prior to emplacement.
       ``(2) As part of the issuance of the construction 
     authorization under section 114(b) of the Nuclear Waste 
     Policy Act of 1982, the Commission shall authorize 
     construction of surface facilities described in subsection 
     (c)(1) and the receipt and possession of spent nuclear fuel 
     and high-level radioactive waste at such surface facilities 
     within the geologic repository operations area for the 
     purposes in subsection (c)(1), in accordance with such 
     standards as the Commission finds are necessary to protect 
     the public health and safety.

     ``SEC. 102. BACKUP STORAGE CAPACITY.

       ``(a) Subject to section 105(d), the Secretary shall enter 
     into a contract under this subsection with any person 
     generating or owning spent nuclear fuel that meets the 
     requirements of section 135(b)(1)(A) and (B) of the Nuclear 
     Waste Policy Act of 1982 (42 U.S.C. 10155(b)(1)(A) and (B)) 
     to--

[[Page 814]]

       ``(1) take title at the civilian nuclear power reactor site 
     to such amounts of spent nuclear fuel from the civilian 
     nuclear power reactor as the Commission determines cannot be 
     stored onsite; and
       ``(2) transport such spent nuclear fuel to, and store such 
     spent nuclear fuel at, the repository site after the 
     Commission has authorized construction of the repository 
     without regard to the Secretary's Acceptance Priority Ranking 
     report or Annual Capacity Report.

     SEC. 103. REPOSITORY LICENSING.

       (a) Adoption of Standards.--Notwithstanding the time 
     schedule in section 801(a)(1) of the Energy Policy Act of 
     1992 (42 U.S.C. 10141 note), the Administrator shall not 
     publish or adopt public health and safety standards for the 
     protection of the public from releases from radioactive 
     materials stored or disposed of in the repository at the 
     Yucca Mountain site--
       (1) except in accordance with this section; and
       (2) before June 1, 2001.
       (b) Consultation and Reports to Congress.--
       (1) Not later than 30 days after the enactment of this Act, 
     the Administrator shall provide the Commission and the 
     National Academy of Sciences--
       (A) a detailed written comparison of the provisions of the 
     proposed Environmental Protection Standards for Yucca 
     Mountain, Nevada, published in the Federal Register on August 
     27, 1999 (64 Fed. Reg. 46,975) with the recommendations made 
     by the National Academy of Sciences in its report, Technical 
     Bases for Yucca Mountain Standards, pursuant to section 
     801(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 10141 
     note); and
       (B) the scientific basis for the proposed rule.
       (2) Not later than April 1, 2001, the Commission and the 
     National Academy of Sciences shall, based on the proposed 
     rule and the information provided by the Administrator under 
     paragraph (1), each submit a report to Congress on whether 
     the proposed rule--
       (A) is consistent with section 801(a)(2) of the Energy 
     Policy Act of 1992 (42 U.S.C. 10141 note);
       (B) provide a reasonably expectation that the public health 
     and safety and the environment will be adequately protected 
     from the hazards posed by high-level radioactive waste and 
     spent nuclear fuel disposed of in the repository;
       (C) is based on the best reasonably obtainable scientific 
     and technical information concerning the need for, and 
     consequences of, the rule; and
       (D) imposes the least burden, consistent with obtaining the 
     regulatory objective of protecting the public health and 
     safety and the environment.
       (3) In the event that either the Commission or the National 
     Academy of Sciences finds that the proposed rule does not 
     meet one or more of the criteria listed in paragraph (2), it 
     shall notify the Administrator not later than April 1, 2001 
     of its finding and the basis for such finding.
       (c) Application of Congressional Review Procedures.--Any 
     final rule promulgated under section 801(a)(1) of the Energy 
     Policy Act of 1992 (42 U.S.C. 10141 note) shall be treated as 
     a major rule for purposes of chapter 8 of title 5, United 
     States Code, and shall be subject to all the requirements and 
     procedures pertaining to a major rule in such chapter.
       ``(d) Capacity.--Section 114(d) of the Nuclear Waste Policy 
     Act of 1982 (42 U.S.C. 10134(d)) is amended by striking `The 
     Commission decision approving the first such application . . 
     .' through the period at the end of the sentence.

     ``SEC. 104. NUCLEAR WASTE FEE.

        The last sentence of section 302(a)(4) of the Nuclear 
     Waste Policy Act of 1982 (42 U.S.C. 10222(a)(4)) is amended 
     to read as follows:
       ``The adjusted fee proposed by the Secretary shall be 
     effective upon enactment of a joint resolution or other 
     provision of law specifically approving the adjusted fee.''

     ``SEC. 105. SETTLEMENT AGREEMENTS.

       ``(a) In General.--The Secretary may, upon the request of 
     any person with whom he has entered into a contract under 
     section 302(a) of the Nuclear Waste Policy Act of 1982 (42 
     U.S.C. 10222(a)), enter into a settlement agreement with the 
     contract holder to--
       ``(1) relieve any harm caused by the Secretary's failure to 
     meet the Department's commitment, or
       ``(2) settle any legal claims against the United States 
     arising out of such failure.
       ``(b) Types of Relief.--Pursuant to a settlement agreement 
     entered into under this section, the Secretary may--
       ``(1) provide spent nuclear fuel storage casks to the 
     contract holder;
       ``(2) compensate the contract holder for the cost of 
     providing spent nuclear fuel storage at the contract holders' 
     storage facility; or
       ``(3) provide any combination of the foregoing.
       ``(c) Scope of Relief.--The Secretary's obligation to 
     provide the relief under subsection (b) shall not exceed the 
     Secretary's obligation to accept delivery of such spent fuel 
     under the terms of the Secretary's contract with such 
     contract holder under section 302(a) of the Nuclear Waste 
     Policy Act of 1982 (42 U.S.C. 10222(a)), including any 
     otherwise permissible assignment of rights.
       ``(d) Waiver of Claims.--(1) The Secretary may not enter 
     into a settlement agreement under subsection (a) or (f) or a 
     backup contract under section 102(a) with any contract holder 
     unless the contract holder--
       ``(A) notifies the Secretary within 180 days after the date 
     of enactment of this Act of its intent to enter into a 
     settlement negotiations, and
       ``(B) as part of such settlement agreement or backup 
     contract, waives any claim for damages against the United 
     States arising out of the Secretary's failure to begin 
     disposing of such person's high-level waste or spent nuclear 
     fuel by January 31, 1998.
       ``(2) Nothing in this subsection shall be read to require a 
     contract holder to waive any future claim against the United 
     States arising out of the Secretary's failure to meet any new 
     obligation assumed under a settlement agreement or backup 
     storage agreement, including any obligation related to the 
     movement of spent fuel by the Department.
       ``(e) Source of Funds.--Notwithstanding section 302(d) of 
     the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(d)), 
     the Secretary may not make expenditures from the Nuclear 
     Waste Fund for any costs that may be incurred by the 
     Secretary pursuant to a settlement agreement or backup 
     storage contract under this Act except--
       ``(1) the cost of acquiring and loading spent nuclear fuel 
     casks;
       ``(2) the cost of transporting spent nuclear fuel from the 
     contract holder's site to the repository; and
       ``(3) any other cost incurred by the Secretary required to 
     perform a settlement agreement or backup storage contract 
     that would have been incurred by the Secretary under the 
     contracts entered into under section 302(a) of the Nuclear 
     Waste Policy Act of 1982 (42 U.S.C. 10222(a)) notwithstanding 
     their amendment pursuant to this Act.
       ``(f) Reactor Demonstration Program.--(1) Not later than 
     120 days after the date of enactment of the Nuclear Waste 
     Policy Amendments Act of 2000, and notwithstanding Section 
     302(a)(5) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
     10222(a)(5)), the Secretary is authorized to take title to 
     the spent nuclear fuel withdrawn from the demonstration 
     reactor remaining from the Cooperative Power Reactor 
     Demonstration Program (Pub. L. No. 87-315, Sec. 109, 75 Stat. 
     679), the Dairyland Power Cooperative La Crosse Boiling Water 
     Reactor. Immediately upon the Secretary's taking title to the 
     Dairyland Power Cooperative La Crosse Boiling Water Reactor 
     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 taking title until the Secretary 
     removes the spent nuclear fuel from the Dairyland Power 
     Cooperative La Crosse Boiling Water Reactor site. The 
     Secretary's obligation to take title or compensate the holder 
     of the Dairyland Power Cooperative La Crosse Boiling Water 
     Reactor spent nuclear fuel under this subsection shall 
     include all of such fuel, regardless of the delivery 
     commitment schedule for such fuel under the Secretary's 
     contract with the Dairyland Power Cooperative as the contract 
     holder under Section 302(a) of the Nuclear Waste Policy Act 
     of 1982 (42 U.S.C. 10222(a)) or the acceptance schedule for 
     such fuel under Section 106 of this Act.
       ``(2) As a condition to the Secretary's taking of title to 
     the Dairyland Power Cooperative La Crosse Boiling Water 
     Reactor spent nuclear fuel, the contract holder for such fuel 
     shall enter into a settlement agreement containing a waiver 
     of claims against the United States as provided in this 
     section.
       ``(g) Savings Clause.--(1) Nothing in this section shall 
     limit the Secretary's existing authority to enter into 
     settlement agreements or address shutdown reactors and any 
     associated public health and safety or environmental concerns 
     that may arise.
       ``(2) Nothing in this Act diminishes 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). To the extent this 
     Act imposes obligations on the Federal Government that are 
     greater than those imposed by the court order, the provisions 
     of this Act shall prevail.''

     ``SEC. 106. ACCEPTANCE SCHEDULE.

       ``(a) Priority Ranking.--Acceptance priority ranking shall 
     be determined by the Department's `Acceptance Priority 
     Ranking' report.
       ``(b) Acceptance Rate.--As soon as practicable after 
     construction authorization, but no later than eighteen months 
     after the year of issuance of a licence to receive and 
     possess spent nuclear fuel and high-level radioactive waste 
     under section 101(c), the Secretary's total acceptance rate 
     for all spent nuclear fuel and high-level waste shall be a 
     rate no less than the following as measured in metric tonnes 
     uranium (MTU), assuming that each high-level waste canister 
     contains 0.5 MTU: 500 MTU in year 1, 700 MTU in year 2, 1300 
     MTU in year 3, 2100 MTU in year 4, 3100 MTU in year 5, 3300 
     MTU in years 6, 7, and 8, 3400 MTU in years 9 through 24, and 
     3900 MTU in year 25 and thereafter.

[[Page 815]]

       ``(c) Other Acceptances.--Subject to the conditions 
     contained in the license to receive and possess spent nuclear 
     fuel and high-level radioactive waste issued under section 
     101(c), of the amounts provided for in paragraph (b) for each 
     year, not less than one-sixth shall be--
       ``(1) spent nuclear fuel or civilian 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 Amendments of 
     2000;
       ``(2) spent nuclear fuel from foreign research reactors, as 
     necessary to promote nonproliferation activities; and
       (3) spent nuclear fuel and high-level radioactive waste 
     from research and atomic energy defense activities, including 
     spent nuclear fuel from naval reactors.

     Provided, however, That the Secretary shall accept not less 
     than 7.5 percent of the total quantity of fuel and high-level 
     radioactive waste accepted in any year from the categories of 
     radioactive materials described in paragraphs (2) and (3) in 
     subsection (c). If sufficient amounts of radioactive 
     materials are not available to utilize this allocation, the 
     Secretary shall allocate this acceptance capacity to other 
     contract holders.
       ``(4) Effect on schedule.--The contractual acceptance 
     schedule shall not be modified in any way as a result of the 
     Secretary's acceptance of any material other than contract 
     holders' spent nuclear fuel and high-level radioactive waste.
       ``(5) Multi-year shipping campaigns.--Consistent with the 
     acceptance schedule, the Secretary shall, in conjunction with 
     contract holders, define a specified multi-year period for 
     each shipping campaign and establish criteria under which the 
     Secretary could accept contract holders' cumulative 
     allocations of spent nuclear fuel during the campaign period 
     at one time and thereby enhance the efficiency and cost-
     effectiveness of spent nuclear fuel and high-level waste 
     acceptance.

     ``SEC. 107. INITIAL LAND CONVEYANCES.

       ``(a) Conveyances of Public Lands.--One hundred and twenty 
     days after enactment, 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, County of Lincoln, or the City of Caliente, 
     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.--Subject to valid existing 
     rights and notwithstanding any other law, the Secretary of 
     the Interior or the head of the other appropriate agency 
     shall convey:
       ``(1) To the County of Nye, Nevada, the following public 
     lands depicted on the maps dated February 1, 2000, and on 
     file with the Secretary:
       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.
       ``(2) To the County of Nye, Nevada, the following public 
     lands depicted on the maps dated February 1, 2000 and on file 
     with the Secretary:
       Map 1: Beatty
       Map 2: Ione/Berlin
       Map 3: Manhattan
       Map 4: Round Mountain/Smoky Valley
       Map 5: Tonopah
       Map 6: Armargosa Valley
       Map 7: Pahrump
       ``(3) To the County of Lincoln, Nevada, the following 
     public lands depicted on the maps dated February 1, 2000, and 
     on file with the Secretary:
       Map 2: Lincoln County, Parcel M, Industrial Park Site, 
     Jointly with the City of Caliente
       Map 3: Lincoln County, Parcels F and G, Mixed Use, 
     Industrial Sites
       Map 4: Lincoln County, Parcels H and I, Mixed Use and 
     Airport Expansion Sites
       Map 5: Lincoln County, Parcels J and K, Mixed Use, Airport 
     and Landfill Expansion Sites
       Map 6: Lincoln County, Parcels E and L, Mixed Use, Airport 
     and Industrial Expansion Sites.
       ``(4) To the City of Caliente, Nevada, the following public 
     lands depicted on the maps dated February 1, 2000, and on 
     file with the Secretary:
       Map 1: City of Caliente, Parcels A, B, C and D, Community 
     Growth, Landfill Expansion and Community Recreation Sites
       Map 2: City of Caliente, Parcel M, Industrial Park Site, 
     jointly with Lincoln County.
       ``(5) To the City of Caliente, Nevada, the following public 
     lands depicted on the maps dated February 1, 2000, and on 
     file with the Secretary:
       Map 1: City of Caliente, Industrial Park Site Expansion.
       ``(c) Construction.--The maps and legal descriptions of 
     special conveyance 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 Lincoln or the County of Nye, Nevada, the Secretary 
     of the Interior shall provide evidence of title transfer.
       ``(e)(1) Consent.--The acceptance or use of any of the 
     benefits provided under this title by any 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 of Nevada or any law thereof, to the siting of the 
     repository in the State of Nevada, any provision of such 
     Constitution or laws to the contrary notwithstanding.
       ``(2) 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 of 
     Nevada, to oppose the siting in Nevada of the repository 
     premised upon or related to the acceptance or use of benefits 
     under this title.
       ``(3) Liability.--No liability of any nature shall accrue 
     to be asserted against the State of Nevada, its Governor, any 
     official thereof, or any official of any governmental unit 
     thereof, premised solely upon the acceptance or use of 
     benefits under this title.
                       ``TITLE II--TRANSPORTATION

     ``SEC. 201. TRANSPORTATION.

       Section 180 of the Nuclear Waste Policy Act of 1982 (42 
     U.S.C. 10175) is amended to read as follows:


                            ``transportation

       ``Sec. 180. (a) In General.--The transportation of spent 
     nuclear fuel and high-level radioactive waste from any 
     civilian nuclear power reactor to any other civilian nuclear 
     power reactor or to any Department of Energy Facility, by or 
     for the Secretary, or by or for any person who owns or 
     generates spent nuclear fuel or high-level radioactive waste, 
     shall be subject to licensing and regulation by the 
     Commission and the Secretary of Transportation under all 
     applicable provisions of existing law.
       ``(1) Preferred shipping routes.--The Secretary shall 
     select and cause to be used preferred shipping routes for the 
     transportation of spent nuclear fuel and high level 
     radioactive waste from each shipping origin to the repository 
     in accordance with the regulations promulgated by the 
     Secretary of Transportation under authority of Hazardous 
     Materials Transportation Act (chapter 51 of title 49, United 
     State Code) and by the Nuclear Regulatory Commission under 
     authority of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et 
     seq.).
       ``(2) State rerouting.--For purposes of this section, a 
     preferred route shall be an Interstate System highway for 
     which an alternative route is not designated by a State 
     routing agency, or a State-designated route designated by a 
     State routing agency pursuant to section 397.103 of Title 49, 
     Code of Federal Regulations.
       ``(b) Shipping Containers.--No spent nuclear fuel or high-
     level radioactive waste may be transported by or for the 
     Secretary under this Act except in packages--
       ``(1) the design of which has been certified by the 
     Commission; and
       ``(2) that have been determined by the Commission to 
     satisfy its quality assurance requirements.
       ``(c) Notification.--The Secretary shall provide advance 
     notification to States and Indian tribes through whose 
     jurisdiction the Secretary plans to transport spent nuclear 
     fuel or high-level radioactive waste.
       ``(d) 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 or 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, voluntary emergency 
     response organizations, and joint labor-management 
     organizations that demonstrate experience in implementing and 
     operating

[[Page 816]]

     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 (h); 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 shall be no shipments by the Secretary 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) to 
     the repository 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 
     radioactive 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 because of--
       ``(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 Amendments Act of 2000.
       ``(3) Grants.--
       ``(A) In general.--To implement this section, the Secretary 
     may make expenditures from the Nuclear Waste Fund to the 
     extent provided for in appropriation acts.
       ``(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 one or more shipments 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 federal 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 a 
     repository, regardless of whether the repository is operated 
     by a private entity or by the Department of Energy.
       ``(5) Minimizing duplication of effort and expenses.--The 
     Secretaries of Transportation, Labor, and Energy, Directors 
     of the Federal Emergency Management Agency and National 
     Institute of Environmental Health Sciences, the Nuclear 
     Regulatory Commission, and Administrator of the Environmental 
     Protection Agency shall review periodically, with the head of 
     each department, agency, or instrumentality of the 
     Government, all emergency response and preparedness training 
     programs of that department, agency, or instrumentality to 
     minimize duplication of effort and expense of the department, 
     agency, or instrumentality in carrying out the programs and 
     shall take necessary action to minimize duplication.
       ``(e) Public Information.--The Secretary shall conduct a 
     program, in cooperation with corridor states and tribes, to 
     inform the public regarding the transportation of spent 
     nuclear fuel and high-level radioactive waste, with an 
     emphasis on 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.
       ``(f) Use of Private Carriers.--The Secretary, in providing 
     for the transportation of spent nuclear fuel and high-level 
     radioactive waste under this Act, shall contract with private 
     industry to the fullest extent possible in each aspect of 
     such transportation. The Secretary shall use direct Federal 
     services for such transportation only upon a determination by 
     the Secretary of Transportation, in consultation with the 
     Secretary, that private industry is unable or unwilling to 
     provide such transportation services at a reasonable cost.
       ``(g) Compliance With Transportation Regulations.--Any 
     person that transports spent nuclear fuel or high-level 
     radioactive waste under the Nuclear Waste Policy Amendments 
     Act of 2000, 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.
       ``(h) 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).
       ``(i) Training Standard.--
       ``(1) Regulation.--No later than 12 months after the date 
     of enactment of the Nuclear Waste Policy Amendments Act of 
     2000, 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) Secretary of transportation.--If the Secretary of 
     Transportation determines, in promulgating the regulation 
     required by paragraph (1), that existing Federal regulations 
     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, by Memorandum of Understanding, ensure 
     coordination of worker training standards and to avoid 
     duplicative regulation.

[[Page 817]]

       ``(3) Training standards content.--(A) If training 
     standards are required to be promulgated under paragraph (1), 
     such standards shall, among other things deemed necessary and 
     appropriate by the Secretary of Transportation, provide for--
       ``(i) a specified minimum number of hours of initial off 
     site instruction and actual field experience under the direct 
     supervision of a trained, experienced supervisor;
       ``(ii) 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
       ``(iii) a training program applicable to persons 
     responsible for responding to and cleaning up emergency 
     situations occurring during the removal and transportation of 
     spent nuclear fuel and high-level radioactive waste.
       ``(B) The Secretary of Transportation may specify an 
     appropriate combination of knowledge, skills, and prior 
     training to fulfill the minimum number of hours requirements 
     of subparagraphs (i) and (ii).
       ``(4) Emergency responder training standards.--The training 
     standards for persons responsible for responding to emergency 
     situations occurring during the removal and transportation of 
     spent nuclear and high level radioactive waste shall, in 
     accordance with existing regulations, ensure their ability to 
     protect nearby persons, property, or the environment from the 
     effects of accidents involving spent nuclear fuel and high-
     level radioactive waste.
       ``(5) Authorization.--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.
    ``TITLE III--DEVELOPMENT OF NATIONAL SPENT NUCLEAR FUEL STRATEGY

     ``SEC. 301. FINDINGS.

       ``(1) Prior to permanent closure of the geologic repository 
     in Yucca Mountain, Congress must determine whether the spent 
     fuel in the repository should be treated as waste subject to 
     permanent burial or should be considered an energy resource 
     that is needed to meet future energy requirements;
       ``(2) Future use of nuclear energy may require construction 
     of a second geologic repository unless Yucca Mountain can 
     safely accommodate additional spent fuel. Improved spent fuel 
     strategies may increase the capacity of Yucca Mountain.
       ``(3) Prior to construction of any second permanent 
     geologic repository, the nation's current plans for permanent 
     burial of spent fuel should be re-evaluated.

     ``SEC. 302. OFFICE OF SPENT NUCLEAR FUEL RESEARCH.

       ``(a) Establishmnent.--There is hereby established an 
     Office of Spent Nuclear Fuel Research within the Office of 
     Nuclear Energy Science and Technology of the Department of 
     Energy. The Office shall be headed by the Associate Director, 
     who shall be a member of the Senior Executive Service 
     appointed by the Director of the Office of Nuclear Energy 
     Science and Technology, and compensated at a rate determined 
     by applicable law.
       ``(b) Associate Director.--The Associate Director of the 
     Office of Spent Nuclear Fuel Research shall be responsible 
     for carrying out an integrated research, development, and 
     demonstration program on technologies for treatment, 
     recycling, and disposal of high-level nuclear radioactive 
     waste and spent nuclear fuel, subject to the general 
     supervision of the Secretary. The Associate Director of the 
     Office shall report to the Director of the Office of Nuclear 
     Energy Science and Technology. The first such Associate 
     Director shall be appointed within 90 days of the enactment 
     of the Nuclear Waste Policy Amendments Act of 2000.
       ``(c) Grant and Contract Authority.--In carrying out his 
     responsibilities under this Section, the Secretary may make 
     grants, or enter into contracts, for the purposes of the 
     research projects and activities described in (d)(2).
       ``(d)(1) Duties.--The Associate Director of the Office 
     shall involve national laboratories, universities, the 
     commercial nuclear industry, and other organizations to 
     investigate technologies for the treatment, recycling, and 
     disposal of spent nuclear fuel and high-level radioactive 
     waste.
       ``(2) The Associate Director of the Office shall:
       ``(A) develop a research plan to provide recommendations by 
     2015:
       ``(B) identify promising technologies for the treatment, 
     recycling, and disposal of spent nuclear fuel and high-level 
     radioactive waste;
       ``(C) conduct research and development activities for 
     promising technologies;
       ``(D) ensure that all activities include as key objectives 
     minimization of proliferation concerns and risk to the health 
     of the general public or site workers, as well as development 
     of cost-effective technologies;
       ``(E) require research on both reactor- and accelerator-
     based transmutation systems;
       ``(F) require research on advanced processing and 
     separations;
       ``(G) ensure that research efforts with this Office are 
     coordinated with research on advanced fuel cycles and 
     reactors conducted within the Office of Nuclear Energy 
     Science and Technology.
       ``(e) Report.--The Associate Director of the Office of 
     Spent Nuclear Fuel Research shall annually prepare and submit 
     a report to the Congress on the activities and expenditures 
     of the Office that discusses progress being made in achieving 
     the objectives of paragraph (b).
                 ``TITLE IV--GENERAL AND MISCELLANEOUS

     ``SEC. 401. 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. 402. REPORTS.

       ``(a) The Secretary is directed to report within 90 days 
     from enactment of this Act regarding all alternatives 
     available to Northern States Power Company and the Federal 
     government which would allow Northern States Power Company to 
     operate the Prairie Island Nuclear Generating Plant until the 
     end of the term of its current NRC licenses, assuming 
     existing state and federal laws remain unchanged.
       ``(b) Within six months of enactment of this Act, the 
     General Accounting Office is directed to report back to the 
     Senate Committee on Energy and Natural Resources and the 
     House Committee on Commerce on the potential economic impacts 
     to Minnesota ratepayers should the Prairie Island Nuclear 
     Generating Plant cease operations once it has met its state 
     imposed storage limitation, including the costs of new 
     generation, decommissioning costs, and the costs of continued 
     operation of on-site storage of spent nuclear fuel 
     storage.''.

     ``SEC. 403. SEPARABILITY.

       ``If any provision of this Act, or the application of such 
     provision to any person or circumstance, is held to be 
     invalid, the remainder of this Act, or the application of 
     such provision to persons or circumstances other than those 
     as to which it is held invalid, shall not be affected 
     thereby.''.

     ``SEC. 404. FAST FLUX TEST FACILITY.

       ``Any spent nuclear fuel associated with the Fast Flux Test 
     Facility at the Hanford Reservation shall be transported and 
     stored at the repository site as soon as practicable after 
     the Commission has authorized the construction of the 
     repository.''
                                 ______
                                 

                       CONRAD AMENDMENT NO. 2814

  (Ordered to lie on the table.)
  Mr. CONRAD submitted an amendment intended to be proposed by him to 
amendment No. 2808 proposed by Mr. Murkowski to the bill, S. 1287, 
supra; as follows:

       On page 33, line 20, strike ``Minnesota'' and insert 
     ``Minnesota, North Dakota, South Dakota, Wisconsin, and 
     Michigan.''
                                 ______
                                 

                       DeWINE AMENDMENT NO. 2815

  (Ordered to lie on the table.)
  Mr. DeWINE submitted an amendment intended to be proposed by him to 
amendment No. 2808 proposed by Mr. Murkowski to the bill, S. 1287, 
supra; as follows:

       Strike section 302(b) and all that follows through section 
     402 and insert the following:
       (b) Associate Director.--
       (1) In general.--The Associate Director of the Office of 
     Spent Nuclear Fuel Research (referred to in this section as 
     the ``Associate Director'') shall be responsible for carrying 
     out an integrated research, development, and demonstration 
     program on technologies for treatment, recycling, and 
     disposal of high level nuclear radioactive waste, spent 
     nuclear fuel, and depleted uranium hexafluoride, subject to 
     the general supervision of the Secretary.
       (2) Line of authority.--The Associate Director shall report 
     to the Director of the Office of Nuclear Energy Science and 
     Technology.
       (3) Initial appointment.--The first Associate Director 
     shall be appointed not later than 90 days after the date of 
     enactment of this Act.
       (c) Grant and Contract Authority.--In carrying out the 
     responsibilities of the Secretary under this section, the 
     Secretary may make grants, or enter into contracts, for the 
     purposes of the research projects and activities described in 
     subsection (d)(2).
       (d) Duties.--
       (1) Involvement of entities in the investigation of 
     technologies.--The Associate Director shall involve national 
     laboratories, universities, the commercial nuclear industry, 
     and other organizations to investigate technologies for the 
     treatment, recycling, and disposal of spent nuclear fuel and 
     high level radioactive waste.
       (2) Specific activities.--The Associate Director shall--
       (A) develop a research plan to provide recommendations by 
     2015;
       (B) identify promising technologies for the treatment, 
     recycling, and disposal of spent nuclear fuel and high level 
     radioactive waste;
       (C) conduct research and development activities for 
     promising technologies;

[[Page 818]]

       (D) ensure that all activities include as key objectives--
       (i) minimization of proliferation concerns and risk to the 
     health of the general public or site workers; and
       (ii) development of cost-effective technologies;
       (E) require research on reactor-based and accelerator-based 
     transmutation systems;
       (F) require research on advanced processing and 
     separations;
       (G) encourage that research efforts include participation 
     of international collaborators;
       (H) fund international collaborators that bring unique 
     capabilities not available in the United States if the host 
     country is unable to provide support to such a collaborator; 
     and
       (I) ensure that research efforts by the Office are 
     coordinated with research on advanced fuel cycles and 
     reactors conducted by the Office of Nuclear Energy Science 
     and Technology.
       (e) Report.--The Associate Director shall annually submit 
     to Congress a report on the activities and expenditures of 
     the Office that discusses progress being made in achieving 
     the objectives of subsection (b).

             TITLE IV--GENERAL AND MISCELLANEOUS PROVISIONS

     SEC. 401. DECOMMISSIONING PILOT PROGRAM.

       (a) Authorization.--The Secretary may 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. 402. REPORTS.

       (a) By the Secretary.--Not later than 90 days after the 
     date of enactment of this Act, the Secretary shall submit to 
     Congress a report describing all alternatives available to 
     Northern States Power Company and the Federal Government that 
     would allow Northern States Power Company to operate the 
     Prairie Island Nuclear Generating Plant until the end of the 
     term of its current Nuclear Regulatory Commission licenses, 
     based on the assumption that Federal and State laws in effect 
     on the date of enactment of this Act will remain unchanged.
       (b) By the Comptroller General.--Not later than 180 days 
     after the date of enactment of this Act, the Comptroller 
     General of the United States shall submit to the Committee on 
     Energy and Natural Resources of the Senate and the Committee 
     on Commerce of the House of Representatives a report on the 
     potential economic impacts to Minnesota ratepayers should the 
     Prairie Island Nuclear Generating Plant cease operations once 
     the Plant has met its State-imposed storage limitation, 
     including the costs of new generation, decommissioning costs, 
     and the costs of continued operation of onsite storage of 
     spent nuclear fuel storage.
       (c) USEC.--The Secretary shall annually submit to Congress 
     a report on the status of the United States Enrichment 
     Corporation Fund established by section 1308 of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2297b-7) and the Working 
     Capital Account established under section 1316 of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2297b-15).
                                 ______
                                 

                COLLINS (AND OTHERS) AMENDMENT NO. 2816

  (Ordered to lie on the table.)
  Ms. COLLINS (for herself, Mr. Jeffords, Mr. Grams, and Ms. Snowe) 
submitted an amendment intended to be proposed by them to amendment No. 
2808, proposed by Mr. Murkowski to the bill, S. 1287, supra; as 
follows:

       On page 6, in the new section 105(b) strike ``(1) take 
     title to the contract holder's spent nuclear fuel, 
     notwithstanding section 302(a)(5) of the Nuclear Waste Policy 
     Act of 1982 (42 U.S.C. 10222(a)(5));'' and renumber the 
     remaining paragraphs accordingly.

                          ____________________