[Senate Report 104-248]
[From the U.S. Government Publishing Office]
Calendar No. 360
104th Congress Report
SENATE
2d Session 104-248
_______________________________________________________________________
NUCLEAR WASTE POLICY ACT OF 1995
_______
March 29, 1996.--Ordered to be printed
_______________________________________________________________________
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany S. 1271]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1271) to amend the Nuclear Waste Policy
Act of 1982, having considered the same, reports favorably
thereon with an amendment and recommends that the bill, as
amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
That the Nuclear Waste Policy Act of 1982 is amended to read as
follows:
``SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `Nuclear Waste
Policy Act of 1996'.
``(b) Table of Contents.--
``Sec. 1. Short title and table of contents.
``Sec. 2. Definitions.
``TITLE I--OBLIGATIONS
``Sec. 101. Obligations of the Secretary of Energy.
``TITLE II--INTEGRATED SPENT NUCLEAR FUEL MANAGEMENT SYSTEM
``Sec. 201. Intermodal transfer.
``Sec. 202. Transportation planning.
``Sec. 203. Transportation requirements.
``Sec. 204. Interim storage.
``Sec. 205. Permanent repository.
``Sec. 206. Land withdrawal.
``Sec. 207. Permanent Disposal Alternatives.
``TITLE III--FUNDING AND ORGANIZATION
``Sec. 301. Program funding.
``Sec. 302. Office of Civilian Radioactive Waste Management.
``Sec. 303. Federal contribution.
``Sec. 304. Budget priorities.
``TITLE IV--GENERAL AND MISCELLANEOUS PROVISIONS
``Sec. 401. Compliance with other laws.
``Sec. 402. Judicial review of agency actions.
``Sec. 403. Licensing of facility expansions and transshipments.
``Sec. 404. Siting a second repository.
``Sec. 405. Financial arrangements for low-level radioactive waste site
closure.
``Sec. 406. Nuclear Regulatory Commission training authority.
``Sec. 407. Emplacement schedule.
``Sec. 408. Emergency relief.
``Sec. 409. Transfer of title.
``Sec. 410. Environmental requirements.
``TITLE V--NUCLEAR WASTE TECHNICAL REVIEW BOARD
``Sec. 501. Defintions.
``Sec. 502. Nuclear Waste Technical Review Board.
``Sec. 503. Functions.
``Sec. 504. Investigatory powers.
``Sec. 505. Compensation of members.
``Sec. 506. Staff.
``Sec. 507. Support services.
``Sec. 508. Report.
``Sec. 509. Authorization of appropriations.
``Sec. 510. Termination of the board.
SEC. 2. DEFINITIONS.
``For purposes of this Act:
``(1) Accept, acceptance.--The terms `accept' and
`acceptance' mean the Secretary's act of taking possession of
spent nuclear fuel or high-level radioactive waste.
``(2) Atomic energy defense activity.--The term `atomic
energy defense activity' means any activity of the Secretary
performed in whole or in part in carrying out any of the
following functions:
``(A) Naval reactors development.
``(B) Weapons activities including defense inertial
confinement fusion.
``(C) Verification and control technology.
``(D) Defense nuclear materials production.
``(E) Defense nuclear waste and materials byproducts
management.
``(F) Defense nuclear materials security and
safeguards and security investigations.
``(G) Defense research and development.
``(3) Civilian nuclear power reactor.--The term `civilian
nuclear power reactor' means a civilian nuclear power plant
required to be licensed under section 103 or 104 b. of the
Atomic Energy Act of 1954 (42 U.S.C. 2133, 2134(b)).
``(4) Commission.--The term `Commission' means the Nuclear
Regulatory Commission.
``(5) Contracts.--The term `contracts' means the contracts,
executed prior to the date of enactment of the Nuclear Waste
Policy Act of 1996, under section 302(a) of the Nuclear Waste
Policy Act of 1982, by the Secretary and any person who
generates or holds title to spent nuclear fuel or high-level
radioactive waste of domestic origin for acceptance of such
waste of fuel by the Secretary and the payment of fees to
offset the Secretary's expenditures, and any subsequent
contracts executed by the Secretary pursuant to section 301(a)
of this Act.
``(6) Contract holders.--The term `contract holders' means
parties (other than the Secretary) to contracts.
``(7) Department.--The term `Department' means the Department
of Energy.
``(8) Disposal.--The term `disposal' means the emplacement in
a repository of spent nuclear fuel, high-level radioactive
waste, or other highly radioactive material with no foreseeable
intent of recovery, whether or not such emplacement permits
recovery of such material for any future purpose.
``(9) Disposal system.--The term `disposal system' means all
natural barriers and engineered barriers, and engineered
systems and components, that prevent the release of
radionuclides from the repository.
``(10) Emplacement schedule.--The term `emplacement schedule'
means the schedule established by the Secretary in accordance
with section 407(a) for emplacement of spent nuclear fuel and
high-level radioactive waste at the interim storage facility.
``(11) Engineered barriers and engineered systems and
components.--The terms `engineered barriers' and `engineered
systems and components' mean man-made components of a disposal
system. These terms include the spent nuclear fuel or high-
level radioactive waste form, spent nuclear fuel package or
high-level radioactive waste package, and other materials
placed over and around such packages.
``(12) High-level radioactive waste.--The term `high-level
radioactive waste' means--
``(A) the highly radioactive material resulting from
the reprocessing of spent nuclear fuel, including
liquid waste produced directly in reprocessing and any
solid material derived from such liquid waste that
contains fission products in sufficient concentrations;
and
``(B) other highly radioactive material that the
Commission, consistent with existing law, determines by
rule requires permanent isolation, which includes any
low-level radioactive waste with concentrations of
radionuclides that exceed the limits established by the
Commission for class C radioactive waste, as defined by
section 61.55 of title 10, Code of Federal Regulations,
as in effect on January 26, 1983.
``(13) Federal agency.--The term `Federal agency' means any
Executive agency, as defined in section 105 of title 5, United
States Code.
``(14) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or
community of Indians recognized as eligible for the services
provided to Indians by the Secretary of the Interior because of
their status as Indians including any Alaska Native village, as
defined in section 3(c) of the Alaska Native Claims Settlement
Act (43 U.S.C. 1602(c)).
``(15) Integrated management system.--The term `integrated
management system' means the system developed by the Secretary
for the acceptance, transportation, storage, and disposal of
spent nuclear fuel and high-level radioactive waste under title
II of this Act.
``(16) Interim storage facility.--The term `interim storage
facility' means a facility designed and constructed for the
receipt, handling, possession, safeguarding, and storage of
spent nuclear fuel and high-level radioactive waste in
accordance with title II of this Act.
``(17) Interim storage facility site.--The term `interim
storage facility site' means the specific site within Area 25
of the Nevada Test Site that is designated by the Secretary and
withdrawn and reserved in accordance with this Act for the
location of the interim storage facility.
``(18) Low-level radioactive waste.--The term `low-level
radioactive waste' means radioactive material that--
``(A) is not spent nuclear fuel, high-level
radioactive waste, transuranic waste, or byproduct
material as defined in section 11 e.(2) of the Atomic
Energy Act of 1954 (42 U.S.C. 2014(e)(2)); and
``(B) the Commission, consistent with existing law,
classifies as low-level radioactive waste.
``(19) Metric tons uranium.--The terms `metric tons uranium'
and `MTU' mean the amount of uranium in the original
unirradiated fuel element whether or not the spent nuclear fuel
has been reprocessed.
``(20) Nuclear waste fund.--The terms `Nuclear Waste Fund'
and `waste fund' mean the nuclear waste fund established in the
United States Treasury prior to the date of enactment of this
Act under section 302(c) of the Nuclear Waste Policy Act of
1982.
``(21) Office.--The term `Office' means the Office of
Civilian Radioactive Waste Management established within the
Department prior to the date of enactment of this Act under the
provisions of the Nuclear Waste Policy Act of 1982.
``(22) Program approach.--The term `program approach' means
the Civilian Radioactive Waste Management Program Plan, dated
December 19, 1994, as modified by this Act, and as amended from
time to time by the Secretary in accordance with this Act.
``(23) Repository.--The term `repository' means a system
designed and constructed under title II of this Act for the
geologic disposal of spent nuclear fuel and high-level
radioactive waste, including both surface and subsurface areas
at which spent nuclear fuel and high-level radioactive waste
receipt, handling, possession, safeguarding, and storage are
conducted.
``(24) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(25) Site characterization.--The term `site
characterization' means activities, whether in a laboratory or
in the field, undertaken to establish the geologic condition
and the ranges of the parameters of a candidate site relevant
to the location of a repository, including borings, surface
excavations, excavations of exploratory facilities, limited
subsurface lateral excavations and borings, and in situ testing
needed to evaluate the licensability of a candidate site for
the location of a repository, but not including preliminary
borings and geophysical testing needed to assess whether site
characterization should be undertaken.
``(26) Spent nuclear fuel.--The term `spent nuclear fuel'
means fuel that has been withdrawn from a nuclear reactor
following irradiation, the constituent elements of which have
not been separated by reprocessing.
``(27) Storage.--The term `storage' means retention of spent
nuclear fuel or high-level radioactive waste with the intent to
recover such waste or fuel for subsequent use, processing, or
disposal.
``(28) Withdrawal.--The term `withdrawal' has the same
definition as that set forth in section 103(j) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702(j)).
``(29) Yucca mountain site.--The term `Yucca Mountain site'
means the area in the State of Nevada that is withdrawn and
reserved in accordance with this Act for the location of a
repository.
``TITLE I--OBLIGATIONS
``SEC. 101. OBLIGATIONS OF THE SECRETARY OF ENERGY.
``(a) Disposal.--The Secretary shall develop and operate an
integrated management system for the storage and permanent disposal of
spent nuclear fuel and high-level radioactive waste.
``(b) Interim Storage.--The Secretary shall store spent nuclear
fuel and high-level radioactive waste from facilities designated by
contract holders for storage at an interim storage facility pursuant to
section 204 in accordance with the emplacement schedule, beginning not
later than November 30, 1999.
``(c) Transportation.--The Secretary shall provide for the
transportation of spent nuclear fuel and high-level radioactive waste
accepted by the Secretary. The Secretary shall procure all systems and
components necessary to transport spent nuclear fuel and high-level
radioactive waste from facilities designated by contract holders to and
among facilities comprising the Integrated Management System.
``(d) Integrated Management System.--The Secretary shall
expeditiously pursue the development of each component of the
integrated management system, and in so doing shall seek to utilize
effective private sector management and contracting practices.
``(e) Private Sector Participation.--In administering the
Integrated Spent Nuclear Fuel Management System, the Secretary shall,
to the maximum extent possible, utilize, employ, procure and contract
with, the private sector to fulfill the Secretary's obligations and
requirements under this Act.
``(f) Pre-existing Rights.--Nothing in this Act is intended to or
shall be construed to modify--
``(1) any right of a contract holder under section 302(a) of
the Nuclear Waste Policy Act of 1982, or under a contract
executed prior to the date of enactment of this Act under that
section; or
``(2) obligations imposed upon the federal government by the
U.S. District Court of Idaho in an order entered on October 17,
1995 in United States v. Batt (No. 91-0054-S-EJL).
``(g) Liability.--Subject to any valid existing right under
subsection (f), nothing in this Act shall be construed to subject the
United States to financial liability for the Secretary's failure to
meet any deadline for the acceptance or emplacement of spent nuclear
fuel or high-level radioactive waste for storage or disposal under this
Act.
``TITLE II--INTEGRATED MANAGEMENT SYSTEM
SEC. 201. INTERMODAL TRANSFER.
``(a) Access.--The Secretary shall utilize heavy-haul truck
transport to move spent nuclear fuel and high-level radioactive waste
from the mainline rail line at Caliente, Nevada, to the interim storage
facility site.
``(b) Capability Date.--The Secretary shall develop the capability
to commence rail to truck intermodal transfer at Caliente, Nevada, no
later than November 30, 1999. Intermodal transfer and related
activities are incidental to the interstate transportation of spent
nuclear fuel and high-level radioactive waste.
``(c) Acquisitions.--The Secretary shall acquire lands rights-of-
way along the `Chalk Mountain Heavy Haul Route' depicted on the map
dated March 13, 1996, and on file with the Secretary, necessary to
commence intermodal transfer at Caliente, Nevada.
``(d) Replacements.--The Secretary shall acquire and develop on
behalf of, and dedicate to, the City of Caliente, Nevada, parcels of
land right-of-way within Lincoln County, Nevada, as required to
facilitate replacement of land and city wastewater disposal facilities
necessary to commence intermodal transfer pursuant to this Act.
Replacement of land and city wastewater disposal activities shall occur
no later than November 30, 1999.
``(e) Notice and Map.--Within 6 months of the date of enactment of
the Nuclear Waste Policy Act of 1996, the Secretary shall--
``(1) publish in the Federal Register a notice containing a
legal description of the sites and rights-of-way to be acquired
under this subsection; and
``(2) file copies of a map of such sites and rights-of-way
with the Congress, the Secretary of the Interior, the State of
Nevada, the Archivist of the United States, the Board of
Lincoln County Commissioners, the Board of Nye County
Commissioners, and the Caliente City Council.
Such map and legal description shall have the same force and effect as
if they were included in this Act. The Secretary may correct clerical
and typographical errors and legal descriptions and make minor
adjustments in the boundaries.
``(f) Improvements.--The Secretary shall make improvements to
existing roadways selected for heavy-haul truck transport between
Caliente, Nevada, and the interim storage facility site as necessary to
facilitate year-round safe transport of spent nuclear fuel and high-
level radioactive waste.
``(g) National Environmental Policy Act.--The Secretary's
activities in connection with the development of intermodal transfer
capability and improvements to existing roadways pursuant to this
section shall be considered preliminary decisionmaking activities for
purposes of judicial review. Notwithstanding any other law, such
activities shall not require the preparation of an environmental impact
statement under section 102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(C)), or any environmental review under
subparagraph (E) or (F) of section 102(2) of such Act.
``(h) Local Government Involvement.--The Commission shall enter
into a Memorandum of Understanding with the City of Caliente and
Lincoln County, Nevada, to provide advice to the Commission regarding
intermodal transfer and to facilitate on-site representation.
Reasonable expenses of such representation shall be paid by the
Secretary.
``(i) Benefits Agreement.--
``(1) In general.--The Secretary shall offer to enter into an
agreement with Lincoln County, Nevada concerning the integrated
management system.
``(2) Agreement content.--Any agreement shall contain such
terms and conditions, including such financial and
institutional arrangements, as the Secretary and agreement
entity determine to be reasonable and appropriate and shall
contain such provisions as are necessary to preserve any right
to participation or compensation of Lincoln County, Nevada.
``(3) Amendment.--An agreement entered into under this
subsection may be amended only with the mutual consent of the
parties to the amendment and terminated only in accordance with
paragraph (4).
``(4) Termination.--The Secretary shall terminate the
agreement under this subsection if any major element of the
integrated management system may not be completed.
``(5) Limitation.--Only 1 agreement may be in effect at any
one time.
``(6) Judicial review.--Decisions of the Secretary under this
section are not subject to judicial review.
``(j) Content of Agreement.--
``(1) Schedule.--In addition to the benefits to which Lincoln
County is entitled to under this title, the Secretary shall
make payments under the benefits agreement in accordance with
the following schedule:
Benefits Schedule
[Amounts in millions] Payment
Event:
(A) Annual payments prior to first $2.5
receipt of spent fuel.
(B) Annual payments beginning upon $5
first spent fuel receipt.
(C) Payment upon closure of the $5
intermodal transfer facility.
``(2) Definitions.--For purposes of this section, the term--
``(A) `spent fuel' means high-level radioactive waste
or spent nuclear fuel; and
``(B) `first spent fuel receipt' does not include
receipt of spent fuel or high-level radioactive waste
for purposes of testing or operational demonstration.
``(3) Annual payments.--Annual payments prior to first spent
fuel receipt under paragraph (1)(A) shall be made on the date
of execution of the benefits agreement and thereafter on the
anniversary date of such execution. Annual payments after the
first spent fuel receipt until closure of the facility under
paragraph (1)(C) shall be made on the anniversary date of such
first spent fuel receipt.
``(4) Reduction.--If the first spent fuel payment under
paragraph (1)(B) is made within 6 months after the last annual
payment prior to the receipt of spent fuel under paragraph
(1)(A), such first spent fuel payment under paragraph (1)(B)
shall be reduced by an amount equal to \1/12\ of such annual
payment under paragraph (1)(A) for each full month less than 6
that has not elapsed since the last annual payment under
paragraph (1)(A).
``(5) Restrictions.--The Secretary may not restrict the
purposes for which the payments under this section may be used.
``(6) Dispute.--In the event of a dispute concerning such
plan, the Secretary shall resolve such dispute, consistent with
this Act and applicable State law.
``(7) Construction.--The signature of the Secretary on a
valid benefits agreement under this section shall constitute a
commitment by the United States to make payments in accordance
with such agreement under section 301(c)(2).
``(k) Initial Land Conveyances.--
``(1) Conveyances of public lands.--One hundred and twenty
days after enactment of this Act, all right, title and interest
of the United States in the property described in paragraph
(2), and improvements thereon, together with all necessary
easements for utilities and ingress and egress to such
property, including, but not limited, the right to improve
those easements, are conveyed by operation of law to the County
of Lincoln, Nevada, except that any lands conveyed to the
County of Lincoln under this subsection that are subject to a
Federal grazing permit or lease or a similar federally granted
permit or lease shall be conveyed between 60 and 120 days of
the earliest time the Federal agency administering or granting
the permit or lease would be able to legally terminate such
right under the statutes and regulations existing at the date
of enactment of this Act, unless Lincoln County and the
affected holder of the permit or lease negotiate an agreement
that allows for an earlier conveyance.
``(2) Special conveyances.--Nothwithstanding any other law,
the following public lands shall be conveyed under paragraph
(1) to the County of Lincoln, Nevada:
``(A) Lincoln County, Parcel B, Community Expansion
Area:
----------------------------------------------------------------------------------------------------------------
Township Range Mer. Sec. Subdivision Acres
----------------------------------------------------------------------------------------------------------------
4S................. 67 E............ MDM............. 5............... E\1/2\NE\1/4\, W\1/2\NW\1/ 320
4\, NW\1/4\SW\1/4\, E\1/
2\SE\1/4\, SW\1/4\SE\1/4\.
6............... NE\1/4\................... 160
D 7............... N\1/2\NW\1/4\, SW\1/4\NW\1/ 200
4\, W\1/2\SW\1/4\.
8............... S\1/2\SE\1/4\............. 80
9............... SW\1/4\, W\1/2\SE\1/4\, 302.5
SE\1/4\SE\1/4\, W\1/
2\NE\1/4\SE\1/4\, E\1/
2\SW\1/4\NE\1/4\SE\1/4\.
9............... N\1/2\N\1/2\.............. 160
17.............. NE\1/4\, S\1/2\NW\1/4\.... 240
18.............. SE\1/4\NE\1/4\............ 40
4S................. 66 E............ MDM............. 12.............. S\1/2\NE\1/4\, SE\1/4\.... 240
13.............. NE\1/4\, NW\1/4\SE\1/4\... 200
----------
Total..................... 1,942.5
----------------------------------------------------------------------------------------------------------------
``(B) Lincoln County, Parcel E, Pioche Community
Expansion Area:
----------------------------------------------------------------------------------------------------------------
Township Range Mer. Sec. Subdivision Acres
----------------------------------------------------------------------------------------------------------------
1N................. 67 E............ MDM............. 9............... N\1/2\, N\1/2\S\1/2\...... 480
11.............. SW\1/4\................... 160
12.............. W\1/2\SW\1/4\, N\1/2\NE\1/ 120
4\SW\1/4\, N\1/2\NE\1/
4\SE\1/4\.
13.............. NW\1/4\NW\1/4\NW\1/4\, N\1/ 15
2\SW\1/4\NW\1/4\NW\1/4\.
15.............. N\1/2\NE\1/4\............. 80
16.............. N\1/2\NE\1/4\, SE\1/4\NE\1/ \1\ 110
4\, SE\1/4\ (excluding
mineral patents).
----------
Total..................... 985
----------------------------------------------------------------------------------------------------------------
\1\ Approximately.
``(C) Lincoln County, Parcel F, Panaca Community
Expansion Area:
----------------------------------------------------------------------------------------------------------------
Township Range Mer. Sec. Subdivision Acres
----------------------------------------------------------------------------------------------------------------
2S................. 68 E............ MDM............. 2............... S\1/2\.................... 320
3............... S\1/2\.................... 320
4............... N\1/2\SE\1/4\, N\1/2\SW\1/ 140
4\SE\1/4\, SE\1/4\SE\1/4\.
9............... E\1/2\NE\1/4\, E\1/2\W\1/ 340
2\NE\1/4\, SE\1/4\NE\1/
4\, E\1/2\SW\1/4\NE\1/4\,
SE\1/4\SW\1/4\, SW\1/
4\SE\1/4\, E\1/2\SE\1/4\.
10.............. All....................... 640
11.............. N\1/2\.................... 320
----------
Total..................... 2,080
----------------------------------------------------------------------------------------------------------------
``(D) Lincoln County, Parcel J, Alamo Community and
Airport Expansion Area:
----------------------------------------------------------------------------------------------------------------
Township Range Mer. Sec. Subdivision Acres
----------------------------------------------------------------------------------------------------------------
7S................. 60 E............ MDM............. 1............... E\1/2\.................... 320
12.............. NE\1/4\................... 160
7S................. 61 E............ MDM............. 4............... W\1/2\.................... 320
5............... All....................... 640
6............... S\1/2\.................... 320
7............... N\1/2\.................... 320
8............... All....................... 640
9............... W\1/2\.................... 320
----------
Total............... 1,920
----------------------------------------------------------------------------------------------------------------
``(E) Lincoln County, Parcel M, Crestline Industrial
Site:
----------------------------------------------------------------------------------------------------------------
Township Range Mer. Sec. Subdivision Acres
----------------------------------------------------------------------------------------------------------------
3S................. 70 E............ MDM............. 14.............. S\1/2\.................... 320
23.............. All....................... 640
----------
Total..................... 960
----------------------------------------------------------------------------------------------------------------
``(3) Evidence of title transfer.--Upon the request of the
County of Lincoln, Nevada, the Secretary of the Interior shall
provide evidence of title transfer.
``SEC. 202. TRANSPORTATION PLANNING.
``(a) Transportation Readiness.--The Secretary shall take those
actions that are necessary and appropriate to ensure that the Secretary
is able to transport spent nuclear fuel and high-level radioactive
waste from sites designated by the contract holders to mainline
transportation facilities beginning not later than November 30, 1999.
As soon as is practicable following enactment of this Act, the
Secretary shall analyze each specific reactor facility designated by
contract holders in the order of priority established in the
emplacement schedule, and develop a logistical plan to assure the
Secretary's ability to transport spent nuclear fuel and high-level
radioactive waste.
``(b) Transportation Planning.--In conjunction with the development
of the logistical plan in accordance with subsection (a), the Secretary
shall update and modify, as necessary, the Secretary's transportation
institutional plans to ensure that institutional issues are addressed
and resolved on a schedule to support the commencement of
transportation of spent nuclear fuel and high-level radioactive waste
to the interim storage facility no later than November 30, 1999. Among
other things, such planning shall provide a schedule and process for
addressing and implementing, as necessary, transportation routing
plans, transportation contracting plans, transportation training in
accordance with Section 203, and public education regarding
transportation of spent nuclear fuel and nuclear waste; and
transportation tracking programs.
``SEC. 203. TRANSPORTATION REQUIREMENTS.
``(a) Package Certification.--No spent nuclear fuel or high-level
radioactive waste may be transported by or for the Secretary under this
Act except in packages that have been certified for such purposes by
the Commission.
``(b) State Notification.--The Secretary shall abide by regulations
of the Commission regarding advance notification of State and local
governments prior to transportation of spent nuclear fuel or high-level
radioactive waste under this Act.
``(c) Technical Assistance.--The Secretary shall provide technical
assistance and funds to States, units of local government, and Indian
tribes through whose jurisdiction the Secretary plans to transport
substantial amounts of spent nuclear fuel or high-level radioactive
waste for public safety officials of appropriate units of local
government. Training shall cover procedures required for safe routine
transportation of these materials, as well as procedures for dealing
with emergency response situations. The Secretary's duty to provide
technical and financial assistance under this subsection shall be
limited to amounts specified in annual appropriations.
``(d) Public Education.--The Secretary shall conduct a program to
educate the public regarding the transportation of spent nuclear fuel
and high-level radioactive waste, with an emphasis upon those States,
units of local government, and Indian tribes through whose jurisdiction
the Secretary plans to transport substantial amounts of spent nuclear
fuel or high-level radioactive waste.
``(e) Use of Private Carriers.--The Secretary, in providing for the
transportation of spent nuclear fuel under this Act, shall utilize by
contract 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 to unwilling to provide such transportation services
at a reasonable cost.
``SEC. 204. INTERIM STORAGE.
``(a) Authorization.--The Secretary shall design, construct, and
operate a facility for the interim storage of spent unclear fuel and
high-level radioactive waste at the interim storage facility site. The
interim storage facility shall be subject to licensing pursuant to the
Atomic Energy Act of 1954 in accordance with the Commission's
regulations governing the licensing of independent spent fuel storage
installations, which regulations shall be amended by the Commission as
necessary to implement the provisions of this Act. The interim storage
facility shall commence operation in phases by November 30, 1999.
``(b) Schedule.--The Secretary shall proceed forthwith and without
further delay with all activities necessary to begin accepting spent
nuclear fuel and high-level radioactive waste to the interim storage
facility at the Yucca Mountain site by November 30, 1999, except that:
``(1) The Secretary shall not begin any construction
activities at the Yucca Mountain site before October 1, 1998.
``(2) The Secretary shall cease all activities (except
necessary termination activities) at the Yucca Mountain site
and undertake activities to establish an interim storage
facility and a repository at an alternative site if--
``(A) the President designates an alternative site
and the alternative site is approved by law, or
``(B) the Secretary determines, in his discretion, on
or before October 1, 1998, based on a prepondence of
the information available at such time, that the Yucca
Mountain site is unsuitable for development as a
repository because of a substantial likelihood that a
repository of useful size cannot be designed, licensed,
and constructed at the Yucca Mountain site.
``(3) In the event the Secretary makes the determination
under paragraph (2)(B) that the Yucca Mountain site is
unsuitable for development as a repository and the Secretary
has not constructed an alternative interim storage facility
site that accepts spent fuel and high-level radioactive waste
by November 30, 1999, the Secretary shall begin construction
activities for an interim storage facility at the interim
storage facility site. The interim storage facility constructed
under this paragraph shall begin acceptance of spent nuclear
fuel and high-level radioactive waste within one year after
construction begins under this paragraph.
``(c) Design.--
``(1) The interim storage facility shall be designed in two
phases in order to commence operations no later than November
30, 1999. The design of the interim storage facility shall
provide for the use of storage technologies, licensed,
approved, or certified by the Commission for use at the interim
storage facility as necessary to ensure compatibility between
the interim storage facility and contract holders' spent
nuclear fuel and facilities, and to facilitate the Secretary's
ability to meet the Secretary's obligations under this Act.
``(2) The Secretary shall consent to an amendment to the
contracts to provide for reimbursement to contract holders for
transportable storage systems purchased by contract holders if
the Secretary determines that it is cost effective to use such
transportable storage systems as part of the integrated
management system, provided that the Secretary shall not be
required to expend any funds to modify contract holders'
storage or transport systems or to seek additional regulatory
approvals in order to use such systems.
``(d) Licensing.--
``(1) Phases.--The interim storage facility shall be licensed
by the Commission in two phases in order to commence operations
no later than November 30, 1999.
``(2) First phase.--No later than 12 months after the date of
enactment of the Nuclear Waste Policy Act of 1996, the
Secretary shall submit to the Commission an application for a
license for the first phase of the interim storage facility.
The Environmental Report and Safety Analysis Report submitted
in support of such license application shall be consistent with
the scope of authority requested in the license application.
The license issued for the first phase of the interim storage
facility shall have a term of 20 years and shall be renewable
for additional terms upon application of the Secretary. The
interim storage facility licensed in the first phase shall have
a capacity of not more than 20,000 MTU. The Commission shall
issue a final decision granting or denying the application for
the first phase license no later than 16 months from the date
of the submittal of the application for such license.
``(3) Second phase.--No later than 30 months after the date
of enactment of the Nuclear Waste Policy Act of 1996, the
Secretary shall submit to the Commission an application for a
license for the second phase interim storage facility. The
license for the second phase facility shall authorize a storage
capacity of 100,000 MTU. The license for the second phase shall
have an initial term of up to 100 years, and shall be renewable
for additional terms upon application of the Secretary. The
second phase of the interim storage facility shall commence
operations no later than December 31, 2002.
``(e) Additional Authority.--
``(1) Construction.--For purposes of complying with
subsection (a), the Secretary may commence site preparation for
the interim storage facility as soon as practicable after the
date of enactment of the Nuclear Waste Policy Act of 1996 and
shall commence construction of each phase of the interim
storage facility subsequent to submittal of the license
application or such phase except that the Commission shall
issue an order suspending such construction at any time if the
Commission determines that such construction poses an
unreasonable risk to public health and safety or the
environment. The Commission shall terminate all or part of such
order upon a determination that the Secretary has taken
appropriate action to eliminate such risk.
``(2) Facility use.--Notwithstanding any otherwise applicable
licensing requirement, the Secretary may utilize any facility
owned by the Federal Government on the date of enactment of the
Nuclear Waste Policy Act of 1996 within the boundaries of the
interim storage facility site.
``(3) Emplacement of fuel and waste.--Subject to paragraph
(h), once the Secretary has achieved the annual acceptance rate
for spent nuclear fuel from civilian nuclear power reactors
established pursuant to the contracts executed prior to the
date of enactment of the Nuclear Waste Policy Act of 1996, the
Secretary shall accept, in an amount not less than 25% of the
difference between the contractual acceptance rate and the
annual emplacement rate for spent nuclear fuel from civilian
nuclear power reactors established under section 407(a), the
following radioactive materials:
``(A) spent nuclear fuel or high-level radioactive
waste of domestic origin from civilian nuclear power
reactors that have permanently ceased operation on or
before the date of enactment of the Nuclear Waste
Policy Act of 1996;
``(B) spent nuclear fuel from foreign research
reactors, as necessary to promote non-proliferation
objectives; and
``(C) spent nuclear fuel, including spent nuclear
fuel from naval reactors, and high-level radioactive
waste from atomic energy defense activities.
``(f) National Environmental Policy Act of 1969.--
``(1) Preliminary decisionmaking activities.--The Secretary's
activities under this section, including the selection of a
site for the interim storage facility, the preparation and
submittal of a license application and supporting
documentation, the construction and operation of any facility,
and facility use pursuant to paragraph (d)(2) of this section
shall be considered preliminary decisionmaking activities for
purposes of judicial review. The Secretary shall not prepare an
environmental impact statement under section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)) or any environmental review under subparagraph (E)
or (F) of such Act before conducting these activities.
``(2) Environmental impact statement.--
``(A) Final decision.--A final decision by the
Commission to grant or deny a license application for
the first or second phase of the interim storage
facility shall be accompanied by an Environmental
Impact Statement prepared under section 102(2)(C) of
the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)). In preparing such Environmental
Impact Statement, the Commission--
``(i) shall ensure that the scope of the
Environmental Impact Statement is consistent
with the scope of the licensing action; and
``(ii) shall analyze the impacts of the
transportation of spent nuclear fuel and high-
level radioactive waste to the interim storage
facility in a generic manner.
``(B) Considerations.--Such Environmental Impact
Statement shall not consider--
``(i) the need for the interim storage
facility, including any individual component
thereof;
``(ii) the time of the initial availability
of the interim storage facility;
``(iii) any alternatives to the storage of
spent nuclear fuel and high-level radioactive
waste at the interim storage facility;
``(iv) any alternatives to the site of the
facility as designated by the Secretary in
accordance with subsection (a);
``(v) any alternatives to the design criteria
for such facility or any individual component
thereof, as specified by the Secretary in the
license application; or
``(vi) the environmental impacts of the
storage of spent nuclear fuel and high-level
radioactive waste at the interim storage
facility beyond the initial term of the license
or the term of the renewal period for which a
license renewal application is made.
``(g) Judicial Review.--Judicial review of the Commission's
environmental impact statement under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) shall be consolidated with
judicial review of the Commission's licensing decision. No court shall
have jurisdiction to enjoin the construction or operation of the
interim storage facility prior to its final decision on review of the
Commission's licensing action.
``(h) Waste Confidence.--The Secretary's obligation to construct
and operate the interim storage facility in accordance with this
section and the Secretary's obligation to develop an integrated
management system in accordance with the provisions of this Act, shall
provide sufficient and independent grounds for any further findings by
the Commission of reasonable assurance that spent nuclear fuel and
high-level radioactive waste will be disposed of safely and on a timely
basis for purposes of the Commission's decision to grant or amend any
license to operate any civilian nuclear power reactor under the Atomic
Energy Act of 1954 (42 U.S.C. 2011, et seq.).
``(i) Storage of Other Spent Nuclear Fuel and High-Level
Radioactive Waste.--No later than 18 months following the date of
enactment of the Nuclear Waste Policy Act of 1996, the Commission
shall, by rule, establish criteria for the storage in the interim
storage facility of fuel and waste listed in paragraph (d)(3) (A)
through (C), to the extent such criteria are not included in
regulations issued by the Commission and existing on the date of
enactment of the Nuclear Waste Policy Act of 1996. Following
establishment of such criteria, the Secretary shall seek authority, as
necessary, to store fuel and waste listed in paragraph (d)(3) (A)
through (C) at the interim storage facility. None of the activities
carried out pursuant to this paragraph shall delay, or otherwise
affect, the development, construction, licensing, or operation of the
interim storage facility.
``(j) Savings Clause.--The Commission shall, by rule, establish
procedures for the licensing of any technology for the dry storage of
spent nuclear fuel by rule and without, to the maximum extent possible,
the need for site-specific approvals by the Commission. Nothing in this
Act shall affect any such procedures, or any licenses or approvals
issued pursuant to such procedures in effect on the date of enactment.
``SEC. 205. PERMANENT REPOSITORY.
``(a) Repository Characterization.--
``(1) Guidelines.--The guidelines promulgated by the
Secretary and published at 10 CFR part 960 are annulled and
revoked and the Secretary shall make no assumptions or
conclusions about the licensability of the Yucca Mountain site
as a repository by reference to such guidelines.
``(2) Site characterization activities.--The Secretary shall
carry out appropriate site characterization activities at the
Yucca Mountain site in accordance with the Secretary's program
approach to site characterization. The Secretary shall modify
or eliminate those site characterization activities designed
only to demonstrate the suitability of the site under the
guidelines referenced in paragraph (1).
``(3) Schedule date.--Consistent with the schedule set forth
in the program approach, as modified to be consistent with the
Nuclear Waste Policy Act of 1996. No later than December 31,
2001, the Secretary shall apply to the Commission for
authorization to construct a repository. If, at any time prior
to the filing of such application, the Secretary determines
that the Yucca Mountain site cannot satisfy the Commission's
regulations applicable to the licensing of a geologic
repository, the Secretary shall terminate site characterization
activities at the site, notify Congress and the State of Nevada
of the Secretary's determination and the reasons therefor, and
recommend to Congress not later than 6 months after such
determination further actions, including the enactment of
legislation, that may be needed to manage the Nation's spent
nuclear fuel and high-level radioactive waste.
``(4) Maximizing capacity.--In developing an application for
authorization to construct the repository, the Secretary shall
seek to maximize the capacity of the repository, in the most
cost-effective manner, consistent with the need for disposal
capacity.
``(b) Repository Licensing.--Upon the completion of any licensing
proceeding for the first phase of the interim storage facility, the
Commission shall amend its regulations governing the disposal of spent
nuclear fuel and high-level radioactive waste in geologic repositories
to the extent necessary to comply with this Act. Subject to subsection
(c), such regulations shall provide for the licensing of the repository
according to the following procedures:
``(1) Construction authorization.--The Commission shall grant
the Secretary a construction authorization for the repository
upon determining that there is reasonable assurance that spent
nuclear fuel and high-level radioactive waste can be disposed
of in the repository--
``(A) in conformity with the Secretary's application,
the provisions of this Act, and the regulations of the
Commission;
``(B) without unreasonable risk to the health and
safety of the public;
``(C) consistent with the common defense and
security; and
``(D) consistent with the most economic use of the
Nation's resources.
``(2) License.--Following substantial completion of
construction and the filing of any additional information
needed to complete the license application, the Commission
shall issue a license to dispose of spent nuclear fuel and
high-level radioactive waste in the repository if the
Commission determines that the repository has been constructed
and will operate--
``(A) in conformity with the Secretary's application,
the provisions of this Act, and the regulations of the
Commission;
``(B) without unreasonable risk to the health and
safety of the public;
``(C) consistent with the common defense and
security; and
``(D) consistent with the most economic use of the
Nation's resources.
``(3) Closure.--After emplacing spent nuclear fuel and high-
level radioactive waste in the repository and collecting
sufficient confirmatory data on repository performance to
reasonably confirm the basis for repository closure consistent
with the Commission's regulations applicable to the licensing
of a repository, as modified in accordance with this Act, the
Secretary shall apply to the Commission to amend the license to
permit permanent closure of the repository. The Commission
shall grant such license amendment upon finding that there is
reasonable assurance that the repository can be permanently
closed--
``(A) in conformity with the Secretary's application
to amend the license, the provisions of this Act, and
the regulations of the Commission;
``(B) without unreasonable risk to the health and
safety of the public;
``(C) consistent with the common defense and
security; and
``(D) consistent with the most economic sue of the
Nation's resources.
``(4) Post-closure.--The Secretary shall take those actions
necessary and appropriate at the Yucca Mountain site to prevent
any activity at the site subsequent to repository closure that
poses an unreasonable risk of--
``(A) breaking the repository's engineered or
geologic barriers; or
``(B) increasing the exposure of individual members
of the public to radiation beyond the release standard
established in subsection (d)(1).
``(c) Modification of Repository Licensing Procedure.--The
Commission's regulations shall provide for the modification of the
repository licensing procedure, as appropriate, in the event that the
Secretary seeks a license to permit the emplacement in the repository,
on a retrievable basis, of spent nuclear fuel or high-level radioactive
waste as is necessary to provide the Secretary with sufficient
confirmatory data on repository performance to reasonably confirm the
basis for repository closure consistent with applicable regulations.
``(d) Repository Licensing Standards.--Notwithstanding any other
provision of law, the Administrator of the Environmental Protection
Agency shall not promulgate, by rule or otherwise, standards for
protection of the public from releases of radioactive materials or
radioactivity from the repository and any such standards existing on
the date of enactment of the Nuclear Waste Policy Act of 1996 shall not
be incorporated in the Commission's licensing regulations. The
Commission's repository licensing determinations for the protection of
the public shall be based solely on a finding whether the repository
can be operated in conformance with the overall system performance
standard established in paragraph (1), applied in accordance with the
provisions of paragraph (2). The Commission shall amend its regulations
in accordance with subsection (b) to incorporate each of the following
licensing standards:
``(1) Establishment of overall system performance standard.--
The standard for protection of the public from release of
radioactive material or radioactivity from the repository shall
prohibit releases that would expose an average member of the
general population in the vicinity of the Yucca Mountain site
to an annual dose in excess of 100 millirems. Such standard
shall constitute an overall system performance standard.
``(2) Application of overall system performance standard.--
The Commission shall issue the license if it finds reasonable
assurance that for the first 1,000 years following the
commencement of repository operations, the overall system
performance standard will be met based on a probabilistic
evaluation, as appropriate, of compliance with the overall
system performance standard in paragraph (1).
``(3) Factors.--For purposes of making the finding in
paragraph (2)--
``(A) the Commission shall not consider catastrophic
events where the health consequences of individual
events themselves can be reasonably assumed to exceed
the health consequences due to the impact of the events
on repository performance;
``(B) for the purpose of this section, an average
member of the general population in the vicinity of the
Yucca Mountain site means a person whose physiology,
age, general health, agricultural practices, eating
habits, and social behavior represent the average for
persons living in the vicinity of the site. Extremes in
social behavior, eating habits, or other relevant
practices or characteristics shall not be considered;
and
``(C) the Commission shall assume that, following
repository closure, the inclusion of engineered
barriers and the Secretary's post-closure actions at
the Yucca Mountain site, in accordance with subsection
(b)(4), shall be sufficient to--
``(i) prevent any human activity at the site
that poses an unreasonable risk of breaching
the repository's engineered or geologic
barriers; and
``(ii) prevent any increase in the exposure
of individual members of the public to
radiation beyond the allowable limits specified
in paragraph (1).
``(4) Additional analysis.--The Commission shall analyze the
overall system performance through the use of probabilistic
evaluations that use best estimate assumptions, data, and
methods for the period commencing after the first 1,000 years
of operation of the repository and terminating at 10,000 years
after the commencement of operation of the repository.
``(e) National Environmental Policy Act.--
``(1) Submission of statement.--Construction and operation of
the repository shall be considered a major Federal action
significantly affecting the quality of the human environment
for purposes of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.). The Secretary shall submit an
environmental impact statement on the construction and
operation of the repository to the Commission with the license
application and shall supplement such environmental impact
statement as appropriate.
``(2) Considerations.--For purposes of complying with the
requirements of the National Environmental Policy Act of 1969
and this section, the Secretary shall not consider in the
environmental impact statement the need for the repository, or
alternative sites or designs for the repository.
``(3) Adoption by commission.--The Secretary's environmental
impact statement and any supplements thereto shall, to the
extent practicable, be adopted by the Commission in connection
with the issuance by the Commission of a construction
authorization under subsection (b)(1), a license under
subsection (b)(2), or a license amendment under subsection
(b)(3). To the extent such statement or supplement is adopted
by the Commission, such adoption shall be deemed to also
satisfy the responsibilities of the Commission under the
National Environmental Policy Act of 1969, and no further
consideration shall be required, except that nothing in this
subsection shall affect any independent responsibilities of the
Commission to protect the public health and safety under the
Atomic Energy Act of 1954. In any such statement or supplement
prepared with respect to the repository, the Commission shall
not consider the need for a repository, or alternate sites or
designs for the repository.
``(f) Judicial Review.--No court shall have jurisdiction to enjoin
issuance of the Commission repository licensing regulations prior to
its final decision on review of such regulations.
``SEC. 206. LAND WITHDRAWAL.
``(a) Withdrawal and Reservation.--
``(1) Withdrawal.--Subject to valid existing rights, the
interim storage facility site and the Yucca Mountain site, as
described in subsection (b), are withdrawn from all forms of
entry, appropriation, and disposal under the public land laws,
including the mineral leasing laws, the geothermal leasing
laws, the material sale laws, and the mining laws.
``(2) Jurisdiction.--Jurisdiction of any land within the
interim storage facility site and the Yucca Mountain site
managed by the Secretary of the Interior or any other Federal
officer is transferred to the Secretary.
``(3) Reservation.--The interim storage facility site and the
Yucca Mountain site are reserved for the use of the Secretary
for the construction and operation, respectively, of the
interim storage facility and the repository and activities
associated with the purposes of this title.
``(b) Land Description.--
``(1) Boundaries.--The boundaries depicted on the map
entitled `Interim Storage Facility Site Withdrawal Map,' dated
March 13, 1995, and on file with the Secretary, are established
as the boundaries of the Interim Storage Facility site.
``(2) Boundaries.--The boundaries depicted on the map
entitled `Yucca Mountain Site Withdrawal Map,' dated March 13,
1995, and on file with the Secretary, are established as the
boundaries of the Yucca Mountain site.
``(3) Notice and maps.--Within 6 months of the date of the
enactment of the Nuclear Waste Policy Act of 1996, the
Secretary shall--
``(A) publish in the Federal Register a notice
containing a legal description of the interim storage
facility site; and
``(B) file copies of the maps described in paragraph
(1), and the legal description of the interim storage
facility site with the Congress, the Secretary of the
Interior, the Governor of Nevada, and the Archivist of
the United States.
``(4) Notice and maps.--Concurrent with the Secretary's
application to the Commission for authority to construct the
repository, the Secretary shall--
``(A) publish in the Federal Register a notice
containing a legal description of the Yucca Mountain
site; and
``(B) file copies of the maps described in paragraph
(2), and the legal description of the Yucca Mountain
site with the Congress, the Secretary of the Interior,
the Governor of Nevada, and the Archivist of the United
States.
``(5) Construction.--The maps and legal descriptions of the
interim storage facility site and the Yucca Mountain site
referred to in this subsection shall have the same force and
effect as if they were included in this Act. The Secretary may
correct clerical and typographical errors in the maps and legal
descriptions and make minor adjustments in the boundaries of
the sites.
``SEC. 207. PERMANENT DISPOSAL ALTERNATIVES.
``(a) Study.--Within 270 days after the date of the enactment of
the Nuclear Waste Policy Act of 1996, the Secretary shall report to
Congress on alternatives for the permanent disposal of spent nuclear
fuel and high-level radioactive waste. The report under this section
shall include--
``(1) an assessment of the current state of knowledge of
alternative technologies for the treatment and disposal of
spent nuclear fuel and high-level radioactive waste;
``(2) an estimate of the costs of research and development of
alternative technologies;
``(3) an analysis of institutional factors associated with
alternative technologies, including international aspects of a
decision of the United States to proceed with the development
of alternative technologies (including nuclear proliferation
concerns) as an option for nuclear waste management and
disposal;
``(4) a full discussion of environmental and public health
and safety aspects of alternative technologies;
``(5) recommendations on alternative ways to structure an
effort in research, development, and demonstration with respect
to alternative technologies; and
``(6) the recommendations of the Secretary with respect to
research, development, and demonstration of the most promising
alternative technologies for the treatment and disposal of
spent nuclear fuel and high-level radioactive waste.
``(b) Office of Nuclear Waste Disposal Research.--(1) There is
hereby established an Office of Nuclear Waste Disposal Research within
the Office of Energy Research of the Department of Energy. The Office
shall be headed by the Director, who shall be a member of the Senior
Executive Service appointed by the Director of the Office of Energy
Research, and compensated at a rate determined by applicable law.
``(2) The Director of the Office of Nuclear Waste Research shall be
responsible for carrying out research, development, and demonstration
activities on alternative technologies for the treatment and disposal
of high-level nuclear radioactive waste and spent nuclear fuel, subject
to the general supervision of the Secretary. The Director of the Office
shall be directly responsible to the Director of the Office of Energy
Research, and the first such Director shall be appointed within 30 days
of the date of enactment of the Nuclear Waste Policy Act of 1996.
``(3) In carrying out his responsibilities under this Section, the
Secretary may make grants to, or enter into contracts with, the Nuclear
Waste Research Consortium described in paragraph (4) of this section
and other persons.
``(4)(A) Within 60 days of the date of enactment of the Nuclear
Waste Policy Act of 1996, the Secretary shall establish a university-
based Nuclear Waste Disposal Consortium involving leading universities
and institutions, national laboratories, the commercial nuclear
industry, and other organizations to investigate technical and
institutional feasibility of alternative technologies for the treatment
and disposal of spent nuclear fuel and high-level radioactive waste.
``(B) The Nuclear Waste Disposal Consortium shall develop a
research plan and budget to achieve the following objectives by 2005:
``(i) identify promising alternative technologies for the
treatment and disposal of spent nuclear fuel and high-level
radioactive waste.
``(ii) conduct research and develop conceptual designs for
promising alternative technologies, including estimated costs
and institutional requirements for continued research and
development; and
``(iii) identify and assess potential impacts of promising
alternatives technologies on the environment.
``(C) In 2000, and again in 2005, the Nuclear Waste Disposal
Consortium shall report to Congress on the progress being made in
achieving the objectives of paragraph (2).
``(5) The Director of the Office of Nuclear Waste Disposal Research
shall annually prepare and submit a report to the Congress on the
activities and expenditures of the Office.
``TITLE III--FUNDING AND ORGANIZATION
``SEC. 301. PROGRAM FUNDING.
``(a) Contracts.--
``(1) Authority of secretary.--In the performance of the
Secretary's functions under this Act, the Secretary is
authorized to enter into contracts with any person who
generates or holds title to spent nuclear fuel or high-level
radioactive waste of domestic origin for the acceptance of
title and possession, transportation, interim storage, and
disposal of such waste or spent fuel. Such contracts shall
provide for payment of annual fees to the Secretary in the
amount set by the Secretary pursuant to paragraphs (2) and (3).
Subsequent to the date of enactment of the Nuclear Waste Policy
Act of 1996, the contracts executed under section 302(a) of the
Nuclear Waste Policy Act of 1982 shall continue in effect under
this Act, provided that the Secretary shall consent to an
amendment to such contracts as necessary to implement the
provisions of this Act.
``(2) Annual fees.--For electricity generated by civilian
nuclear power reactors and sold on or after January 7, 1983,
the fee under paragraph (1) shall be equal to 1.0 mill per
kilowatt hour generated and sold.
``(3) One-time fee.--For spent nuclear fuel or solidified
high-level radioactive waste derived from spent nuclear fuel,
which fuel was used to generate electricity in a civilian
nuclear power reactor prior to January 7, 1983, the fee shall
be in an amount equivalent to an average charge of 1.0 mill per
kilowatt-hour for electricity generated by such spent nuclear
fuel, or such solidified high-level waste derived therefrom,
and incorporated in the contracts. Payment of such one-time fee
prior to the date of enactment of the Nuclear Waste Policy Act
of 1996 shall satisfy the obligation imposed under this
paragraph. Any one-time fee paid and collected subsequent to
the date of enactment of the Nuclear Waste Policy Act of 1996
pursuant to the contracts, including any interest due pursuant
to such contracts, shall be paid to the Nuclear Waste Fund. In
paying such a fee, the person delivering spent nuclear fuel or
high-level radioactive wastes derived therefrom, to the
Secretary shall have no further financial obligation to the
Federal Government for the long-term storage and permanent
disposal of such spent fuel or high-level radioactive waste.
``(4) Adjustments to fee.--The Secretary shall annually
review the amount of the fees established by paragraphs (2) and
(3), together with the existing balance of the Nuclear Waste
Fund on the date of enactment of the Nuclear Waste Policy Act
of 1996, to evaluate whether collection of the fee will provide
sufficient revenues to offset the costs as defined in
subsection (c)(2). In the event the Secretary determines that
the revenues being collected are either insufficient or
excessive to recover the costs incurred by the Federal
Government that are specified in subsection (c)(2), the
Secretary shall propose an adjustment to the fee to ensure full
cost recovery. The Secretary shall immediately transmit the
proposal for such an adjustment to both houses of Congress.
``(b) Advance Contracting Requirement.--
``(1) In general.--
``(A) License issuance and renewal.--The Commission
shall not issue or renew a license to any person to use
a utilization or production facility under the
authority of section 103 or 104 of the Atomic Energy
Act of 1954 (42 U.S.C. 2133, 2134) unless--
``(i) such person has entered into a contract
under subsection (a) with the Secretary; or
``(ii) the Secretary affirms in writing that
such person is actively and in good faith
negotiating with the Secretary for a contract
under this section.
``(B) Precondition.--The Commission, as it deems
necessary or appropriate, may require as a precondition
to the issuance or renewal of a license under section
103 or 104 of the Atomic Energy Act of 1954 (42 U.S.C.
2133, 2134) that the applicant for such license shall
have entered into an agreement with the Secretary for
the disposal of spent nuclear fuel and high-level
radioactive waste that may result from the use of such
license.
``(2) Disposal in repository.--Except as provided in
paragraph (1), no spent nuclear fuel or high-level radioactive
waste generated or owned by any person (other than a department
of the United States referred to in section 101 or 102 of title
5, United States Code) may be disposed of by the Secretary in
the repository unless the generator or owner of such spent fuel
or waste has entered into a contract under subsection (a) with
the Secretary by not later than the date on which such
generator or owner commences generation of, or takes title to,
such spent fuel or waste.
``(3) Assignment.--The rights and duties of contract holders
are assignable.
``(c) Nuclear Waste Fund.--
``(1) In general.--The Nuclear Waste Fund established in the
Treasury of the United States under section 302(c) of the
Nuclear Waste Policy Act of 1982 shall continue in effect under
this Act and shall consist of--
``(A) the existing balance in the Nuclear Waste Fund
on the date of enactment of the Nuclear Waste Policy
Act of 1996; and
``(B) all receipts, proceeds, and recoveries realized
under subsections (a), and (c)(3) subsequent to the
date of enactment of the Nuclear Waste Policy Act of
1996, which shall be deposited in the Nuclear Waste
Fund immediately upon their realization.
``(2) Use.--The Secretary may make expenditures from the
Nuclear Waste Fund, subject to subsection (d), only for
purposes of the integrated management system.
``(3) Administration of nuclear waste fund.--
``(A) In general.--The Secretary of the Treasury
shall hold the Nuclear Waste Fund and, after
consultation with the Secretary, annually report to the
Congress on the financial condition and operations of
the Nuclear Waste Fund during the preceding fiscal
year.
``(B) Amounts in excess of current needs.--If the
Secretary determines that the Nuclear Waste Fund
contains at any time amounts in excess of current
needs, the Secretary may request the Secretary of the
Treasury to invest such amounts, or any portion of such
amounts as the Secretary determines to be appropriate,
in obligations of the United States--
``(i) having maturities determined by the
Secretary of the Treasury to be appropriate to
the needs of the Nuclear Waste Fund; and
``(ii) bearing interest at rates determined
to be appropriate by the Secretary of the
Treasury, taking into consideration the current
average market yield on outstanding marketable
obligations of the United States with remaining
periods to maturity comparable to the
maturities of such investments, except that the
interest rate on such investments shall not
exceed the average interest rate applicable to
existing borrowings.
``(C) Exemption.--Receipts, proceeds, and recoveries
realized by the Secretary under this section, and
expenditures of amounts from the Nuclear Waste Fund,
shall be exempt from annual apportionment under the
provisions of subchapter II of chapter 15 of title 31,
United States Code.
``(d) Budget.--The Secretary shall submit the budget for
implementation of the Secretary's responsibilities under this Act to
the Office of Management and Budget annually along with the budget of
the Department of Energy submitted at such time in accordance with
chapter 11 of title 31, United States Code. The budget shall consist of
the estimates made by the Secretary of expenditures under this Act and
other relevant financial matters for the succeeding 3 fiscal years, and
shall be included in the budget of the United States Government. The
Secretary may make expenditures from the Waste Fund, subject to
appropriations, which shall remain available until expended.
``SEC. 302. OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT.
``(a) Continuation of the Office of Civilian Radioactive Waste
Management.--The Office of Civilian Radioactive Waste Management
established under section 304(a) of the Nuclear Waste Policy Act of
1982 as constituted prior to the date of enactment of the Nuclear Waste
Policy Act of 1996, shall continue in effect subsequent to the date of
enactment of the Nuclear Waste Policy Act of 1996.
``(b) Director.--The Office shall be headed by the Director, who
shall be appointed by the President, by and with the advice and consent
of the Senate, and who shall be compensated at the rate payable for
level IV of the Executive Schedule under section 5315 of title 5,
United States Code.
``SEC. 303. FEDERAL CONTRIBUTION.
``(a) Allocation.--No later than one year from the date of
enactment of the Nuclear Waste Policy Act of 1996, acting pursuant to
section 553 of title 5, United States Code, the Secretary shall issue a
final rule establishing the appropriate portion of the costs of
managing spent nuclear fuel and high-level radioactive waste under this
Act allocable to the interim storage or permanent disposal of spent
nuclear fuel and high-level radioactive waste from atomic energy
defense activities and spent nuclear fuel from foreign research
reactors. The share of costs allocable to the management of spent
nuclear fuel and high-level radioactive waste from atomic energy
defense activities and spent nuclear fuel from foreign research
reactors shall include,
``(1) an appropriate portion of the costs associated with
research and development activities with respect to development
of an interim storage facility and repository; and
``(2) as appropriate, interest on the principal amounts due
calculated by reference to the appropriate Treasury bill rate
as if the payments were made at a point in time consistent with
the payment dates for spent nuclear fuel and high-level
radioactive waste under the contracts.
``(b) Appropriation Request.--In addition to any request for an
appropriation from the Nuclear Waste Fund, the Secretary shall request
annual appropriations from general revenues in amounts sufficient to
pay the costs of the management of spent nuclear fuel and high-level
radioactive waste from atomic energy defense activities as established
under subsection (a).
``(c) Report.--In conjunction with the annual report submitted to
Congress under Section 702, the Secretary shall advise the Congress
annually of the amount of spent nuclear fuel and high-level radioactive
waste from atomic energy defense activities requiring management in the
integrated management system.
``(d) Authorization.--There is authorized to be appropriated to the
Secretary, from general revenues, for carrying out the purposes of this
Act, such sums as may be necessary to pay the costs of the management
of spent nuclear fuel and high-level radioactive waste from atomic
energy defense activities as established under subsection (a).
SEC. 304 BUDGET PRIORITIES.
``(a) The Secretary.--For purposes of preparing annual requests for
appropriations for the integrated management system and allocating
funds among competing requirements, the Secretary shall give funding
for the licensing, construction, and operation of the interim storage
facility under section 204 and development of the transportation
capability under sections 201, 202 and 203 the highest priority.
``(b) The Commission.--For purposes of preparing annual requests
for appropriations from the Nuclear Waste Fund and allocating annual
appropriations from the Nuclear Waste Fund among competing
requirements, the Commission shall allocate funds in accordance with
the following prioritization:
``(1) the issuance of regulations for and the licensing of an
interim storage facility under section 205 and any associated
storage and/or transport systems to be used in the integrated
management system shall be accorded the highest priority; and
``(2) the licensing of the repository under section 206 shall
be accorded the next highest priority.
``TITLE IV--GENERAL AND MISCELLANEOUS PROVISIONS
``SEC. 401. COMPLIANCE WITH OTHER LAWS.
The actions authorized by the Nuclear Waste Policy Act of 1996
shall be governed solely in accordance with the provisions of the
Atomic Energy Act, the Energy Reorganization Act of 1974, the Hazardous
Materials Transportation Act, the Nuclear Waste Policy Act of 1996, and
the regulations issued thereunder. Such activities shall not be subject
to any other federal, state, or local atomic energy, environmental and
land use laws, regulations or orders including, but not limited to,
those requiring permits, licenses, rights-of-way, certifications or
authorizations, that would otherwise apply to such activities.
``SEC. 402. JUDICIAL REVIEW OF AGENCY ACTIONS.
``(a) Jurisdiction of the United States Courts of Appeals.--
``(1) Original and exclusive jurisdiction.--Except for review
in the Supreme Court of the United States, and except as
otherwise provided in this Act, the United States courts of
appeals shall have original and exclusive jurisdiction over any
civil action--
``(A) for review of any final decision or action of
the Secretary, the President or the Commission under
this Act;
``(B) alleging the failure of the Secretary, the
President, or the Commission to make any decision, or
take any action, required under this Act;
``(C) challenging the constitutionality of any
decision made, or action taken, under any provision of
this Act; or
``(D) for review of any environmental impact
statement prepared or environmental assessment pursuant
to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) with respect to any action under
this Act or alleging a failure to prepare such
statement with respect to any such action.
``(2) Venue.--The venue of any proceeding under this section
shall be in the judicial circuit in which the petitioner
involved resides or has its principal office, or in the United
States Court of Appeals for the District of Columbia Circuit.
``(b) Deadline for Commencing Action.--A civil action for judicial
review described under subsection (a)(l) may be brought no later than
180 days after the date of the decision or action or failure to act
involved, as the case may be, except that if a party shows that he did
not know of the decision or action complained of (or of the failure to
act), and that a reasonable person acting under the circumstances would
not have known, such party may bring a civil action no later than 180
days after the date such party acquired actual or constructive
knowledge or such decision, action, or failure to act.
``(c) Application of Other Law.--The provisions of this section
relating to any matter shall apply in lieu of the provisions of any
other Act relating to the same matter.
``SEC. 403. LICENSING OF FACILITY EXPANSIONS AND TRANSSHIPMENTS.
``(a) Oral Argument.--In any Commission hearing under section 189
of the Atomic Energy Act of 1954 (42 U.S.C. 2239) on an application for
a license, or for an amendment to an existing license, filed after
January 7, 1983, to expand the spent nuclear fuel storage capacity at
the site of a civilian nuclear power reactor, through the use of high-
density fuel storage racks, fuel rod compaction, the transshipment of
spent nuclear fuel to another civilian nuclear power reactor within the
same utility system, the construction of additional spent nuclear fuel
pool capacity or dry storage capacity, or by other means, the
Commission shall, at the request of any party, provide an opportunity
for oral argument with respect to any matter which the Commission
determines to be in controversy among the parties. The oral argument
shall be preceded by such discovery procedures as the rules of the
Commission shall provide. The Commission shall require each party,
including the Commission staff, to submit in written form, at the time
of the oral argument, a summary of the facts, data, and arguments upon
which such party proposes to rely that are known at such time to such
party. Only facts and data in the form of sworn testimony or written
submission may be relied upon by the parties during oral argument. Of
the materials that may be submitted by the parties during oral
argument, the Commission shall only consider those facts and data that
are submitted in the form of sworn testimony or written submission.
``(b) Adjudicatory Hearing.--
``(1) Designation.--At the conclusion of any oral argument
under subsection (a), the Commission shall designate any
disputed question of fact, together with any remaining
questions of law, for resolution in an adjudicatory hearing
only if it determines that--
``(A) there is a genuine and substantial dispute of
fact which can only be resolved with sufficient
accuracy by the introduction of evidence in an
adjudicatory hearing; and
``(B) the decision of the Commission is likely to
depend in whole or in part on the resolution of such
dispute.
``(2) Determination.--In making a determination under this
subsection, the Commission--
``(A) shall designate in writing the specific facts
that are in genuine and substantial dispute, the reason
why the decision of the agency is likely to depend on
the resolution of such facts, and the reason why an
adjudicatory hearing is likely to resolve the dispute;
and
``(B) shall not consider--
``(i) any issue relating to the design,
construction, or operation of any civilian
nuclear power reactor already licensed to
operate at such site, or any civilian nuclear
power reactor to which a construction permit
has been granted at such site, unless the
Commission determines that any such issue
substantially affects the design, construction,
or operation of the facility or activity for
which such license application, authorization,
or amendment is being considered; or
``(ii) any siting or design issue fully
considered and decided by the Commission in
connection with the issuance of a construction
permit or operating license for a civilian
nuclear power rector at such site, unless
``(I) such issue results from any
revision of siting or design criteria
by the Commission following such
decision; and
``(II) the Commission determines that
such issue substantially affects the
design, construction, or operation of
the facility or activity for which such
license application, authorization, or
amendment is begin considered.
``(3) Application.--The provisions of paragraph (2)(B) shall
apply only with respect to licenses, authorizations, or
amendments to licenses or authorizations, applied for under the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) before
December 31, 2005.
``(4) Construction.--The provisions of this sections hall not
apply to the first application for a license or license
amendment received by the Commission to expand on site spent
fuel storage capacity by the use of a new technology not
previously approved for use at any nuclear power plant by the
Commission.
``(c) Judicial Review.--No court shall hold unlawful or set aside a
decision of the Commission in any proceeding described in subsection
(a) because of a failure by the Commission to use a particular
procedure pursuant to this section unless--
``(1) an objection to the procedure used with presented to
the Commission in a timely fashion or there are extraordinary
circumstances that excuse the failure to present a timely
objection; and
``(2) the court finds that such failure has precluded a fair
consideration and informed resolution of a significant issue of
the proceeding taken as a whole.
``SEC. 404. SITING A SECOND REPOSITORY.
``(a) Congressional Action Required.--The Secretary may not conduct
site-specific activities with respect to a second repository unless
Congress has specifically authorized and appropriated funds for such
activities.
``(b) Report.--The Secretary shall report to the President and to
Congress on or after January 1, 2007, but not later than January 1,
2010, on the need for a second repository.
``SEC. 405. FINANCIAL ARRANGEMENTS FOR LOW-LEVEL RADIOACTIVE WASTE SITE
CLOSURE.
``(a) Financial Arrangements.--
(1) Standards and instructions.--The Commission shall
establish by rule, regulation, or order, after public notice,
and in accordance with section 181 of the Atomic Energy Act of
1954 (42 U.S.C. 2231), such standards and instructions as the
Commission may deem necessary or desirable to ensure in the
case of each license for the disposal of low-level radioactive
waste that an adequate bond, surety, or other financial
arrangement (as determined by the Commission) will be provided
by a licensee to permit completion of all requirements
established by the Commission for the decontamination,
decommissioning, site closure, and reclamation of sites,
structures, and equipment used in conjunction with such low-
level radioactive waste. Such financial arrangements shall be
provided and approved by the Commission, or, in the case of
sites within the boundaries of any agreement State under
section 274 of the Atomic Energy Act of 1954 (42 U.S.C. 2021),
by the appropriate State or State entity, prior to issuance of
licenses for low-level radioactive waste disposal or, in the
case of licenses in effect on January 7, 1983, prior to
termination of such licenses.
``(2) Bonding, surety, or other financial arrangements.--If
the Commission determines that any long-term maintenance or
monitoring, or both, will be necessary at a site described in
paragraph (1), the Commission shall ensure before termination
of the license involved that the licensee has made available
such bonding, surety, or other financial arrangements as may be
necessary to ensure that any necessary long-term maintenance or
monitoring needed for such site will be carried out by the
person having title and custody for such site following license
termination.
``(b) Title and Custody.--
``(1) Authority of secretary.--The Secretary shall have
authority to assume title and custody of low-level radioactive
waste and the land on which such waste is disposed of, upon
request of the owner of such waste and land and following
termination of the license issued by the Commission for such
disposal, if the Commission determines that--
``(A) the requirements of the Commission for site
closure, decommissioning, and decontamination have been
met by the licensee involved and that such licensee is
in compliance with the provisions of subsection (a);
``(B) such title and custody will be transferred to
the Secretary without cost to the Federal Government;
and
``(C) Federal ownership and management of such site
is necessary or desirable in order to protect the
public health and safety, and the environment.
``(2) Protection.--If the Secretary assumes title and custody
of any such waste and land under this subsection, the Secretary
shall maintain such waste and land in a manner that will
protect the public health and safety, and the environment.
``(c) Special Sites.--If the low-level radioactive waste involved
is the result of a licensed activity to recover zirconium, hafnium, and
rare earths from source material, the Secretary, upon request of the
owner of the site involved, shall assume title and custody of such
waste and the land on which it is disposed when such site has been
decontaminated and stabilized in accordance with the requirements
established by the Commission and when such owner has made adequate
financial arrangements approved by the Commission for the long-term
maintenance and monitoring of such site.
'`SEC. 406. NUCLEAR REGULATORY COMMISSION TRAINING AUTHORIZATION.
``The Commission is authorized and directed to promulgate
regulations, or other appropriate regulatory guidance, for the training
and qualifications of civilian nuclear power plant operators,
supervisors, technicians, and other appropriate operating personnel.
Such regulations or guidance shall establish simulator training
requirements for applicants for civilian nuclear power plant operator
licenses and for operator requalification programs; requirements
governing Commission administration of requalification examinations,
requirements for operating tests at civilian nuclear power plant
simulators, and instructional requirements for civilian nuclear power
plant licensee personnel training programs.
``SEC. 407. EMPLACEMENT SCHEDULE.
``(a) The emplacement schedule shall be implemented in accordance
with the following:
``(1) Emplacement priority ranking shall be determined by the
Department's annual `Acceptance Priority Ranking' report.
``(2) The Secretary's spent fuel emplacement rate shall be no
less than the following: 1,200 MTU in 1999 and 1,200 MTU in
2000; 2,000 MTU in 2001 and 2000 MTU in 2002; 2,700 MTU in
2003; and 3,000 MTU annually thereafter.
``(b) If the Secretary is unable to begin emplacement by January
31, 1999 at the rates specified in paragraph (a), or if the cumulative
amount emplaced in any year thereafter is less than that which would
have been accepted under the emplacement rate specified in paragraph
(a), the Secretary shall, as a mitigation measure, adjust the
emplacement schedule upward such that within 5 years of the start of
emplacement by the Secretary,
``(1) the total quantity accepted by the Secretary is
consistent with the total quantity that the Secretary would
have accepted if the Secretary had begun emplacement in 1999,
and
``(2) thereafter the emplacement rate is equivalent to the
rate that would be in place pursuant to paragraph (a) above if
the Secretary had commenced emplacement in 1999.
``SEC. 408. EMERGENCY RELIEF.
``(a) If the Secretary determines that a contract holder qualifies
for emergency relief under this paragraph, the contract holder may
execute an emergency relief contract with entities qualified to provide
interim storage and conditioning. Under the emergency relief contract,
the qualified entities would package, ship, and receive a contract
holder's spent nuclear fuel for interim storage and conditioning, with
any spent nuclear fuel and the equivalent radioactive residues
resulting from any conditioning services returned to the Secretary no
later than December 31, 2045.
``(b) A contract holder qualifies for emergency relief under this
section if the contract holder:
``(1) has exhausted its existing on-site storage capacity;
``(2) is unable to complete scheduled decommissioning because
spent nuclear fuel cannot be removed from the site;
``(3) the spent fuel is of a nonstandard form which cannot be
accepted at the central storage facility; or
``(4) the Secretary determines there is a situation that
requires emergency relief under this paragraph.
``(c) Title to all spent nuclear fuel and high-level radioactive
waste resulting from the treatment of that fuel subject to an emergency
relief contract under this paragraph shall transfer to the Secretary
upon packaging of the fuel by the qualified entity.
``SEC. 409. TRANSFER OF TITLE.
``Acceptance by the Secretary of any spent nuclear fuel or high-
level radioactive waste shall constitute a transfer of title to the
Secretary.
``SEC. 410. ENVIRONMENTAL REQUIREMENTS.
``Notwithstanding any other law or regulation, the obligations of
the Secretary and the Commission pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) in connection with the
siting, design, licensing, construction or operation of any component
of the integrated management system are as set forth in this Act and no
further actions other than those specified are required to meet the
Secretary's or the Commission's obligations under such Act.
``SEC. 411. 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.
``TITLE V--NUCLEAR WASTE TECHNICAL REVIEW BOARD
``SEC. 501. DEFINITIONS.
``For purposes of this title--
``(1) Chairman.--The term ``Chairman'' means the Chairman of
the Nuclear Waste Technical Review Board.
``(2) Board.--The term ``Board'' means the Nuclear Waste
Technical Review Board continued under section 602.
``SEC. 502. NUCLEAR WASTE TECHNICAL REVIEW BOARD.
``(a) Continuation of the Nuclear Waste Technical Review Board.--
The Nuclear Waste Technical Review Board, established under section
502(a) of the Nuclear Waste Policy Act of 1982 as constituted prior to
the date of enactment of the Nuclear Waste Policy Act of 1996, shall
continue in effect subsequent to the date of enactment of the Nuclear
Waste Policy Act of 1996.
``(b) Members.--
``(1) Number.--The Board shall consist of 11 members who
shall be appointed by the President not later than 90 days
after December 22, 1987, from among persons nominated by the
National Academy of Sciences in accordance with paragraph (3).
``(2) Chair.--The President shall designate a member of the
Board to serve as Chairman.
``(3) National academy of sciences.--
``(A) Nominations.--The National Academy of Sciences
shall, not later than 90 days after December 22, 1987,
nominate not less than 22 persons for appointment to
the Board from among persons who meet the
qualifications described in subparagraph (C).
``(B) Vacancies.--The National Academy of Sciences
shall nominate not less than 2 persons to fill any
vacancy on the Board from among persons who meet the
qualifications described in subparagraph (C).
``(C) Nominees.--
``(i) Each person nominated for appointment
to the Board shall be--
``(I) eminent in a field of science
or engineering, including environmental
sciences; and
``(II) selected solely on the basis
of established records of distinguished
service.
``(ii) the membership of the Board shall be
representatives of the broad range of
scientific and engineering disciplines related
to activities under this title.
``(iii) No person shall be nominated for
appointment to the Board who is an employee
of--
``(I) the Department of Energy;
``(II) a national laboratory under
contract with the Department of Energy;
or
``(III) an entity performing spent
nuclear fuel or high-level radioactive
waste activities under contract with
the Department of Energy.
``(4) Vacancies.--Any vacancy on the Board shall be filled by
the nomination and appointment described in paragraphs (1) and
(3).
``(5) Terms.--Members of the Board shall be appointed for
terms of 4 years, each such term to commence 120 days after
December 22, 1987, except that of the 11 members first
appointed to the Board, 5 shall serve for 2 years and 6 shall
serve for 4 years, to be designated by the President at the
time of appointment.
``SEC. 503. FUNCTIONS.
``The Board shall evaluate the technical and scientific validity of
activities undertaken by the Secretary after December 22, 1987,
including--
``(1) site characterization activities; and
``(2) activities relating to the packaging or transportation
of spent nuclear fuel or high-level radioactive waste.
``SEC. 504. INVESTIGATORY POWERS.
``(a) Hearings.--Upon request of the Chairman or a majority of the
members of the Board, the Board may hold such hearings, sit and act at
such times and places, take such testimony, and receive such evidence,
as the Board considers appropriate. Any member of the Board may
administer oaths or affirmations to witnesses appearing before the
Board.
``(b) Production of Documents.--
``(1) Response to inquiries.--Upon the request of the
Chairman or a majority of the members of the Board, and subject
to existing law, the Secretary (or any contractor of the
Secretary) shall provide the Board with such records, files,
papers, data, or information as may be necessary to respond to
any inquiry of the Board under this title.
``(2) Extent.--Subject to existing law, information
obtainable under paragraph (1) shall not be limited to final
work products of the Secretary, but shall include drafts of
such products and documentation of work in progress.
``SEC. 505. COMPENSATION OF MEMBERS.
``(a) In General.--Each member of the Board shall be paid at the
rate of pay payable for level III of the Executive Schedule for each
day (including travel time) such member is engaged in the work of the
Board.
``(b) Travel Expenses.--Each member of the Board may receive travel
expenses, including per diem in lieu of subsidence, in the same manner
as is permitted under sections 5702 and 5703 of title 5, United States
Code.
``SEC. 506. STAFF.
``(a) Clerical Staff.--
``(1) Authority of chairman.--Subject to paragraph (2), the
Chairman may appoint and fix the compensation of such clerical
staff as may be necessary to discharge the responsibilities of
the Board.
``(2) Provisions of title 5.--Clerical staff shall be
appointed subject to the provisions of title 5, United States
Code, governing appointments in the competitive service, and
shall be paid in accordance with the provisions of chapter 51
and subchapter III of chapter 3 of such title relating to
classification and General Schedule pay rates.
``(b) Professional Staff.--
``(1) Authority of chairman.--Subject to paragraphs (2) and
(3), the Chairman may appoint and fix the compensation of such
professional staff as may be necessary to discharge the
responsibilities of the Board.
``(2) Number.--Not more than 10 professional staff members
may be appointed under this subsection.
``(3) Title 5.--Professional staff members may be appointed
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and
may be paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no
individual so appointed may receive pay in excess of the annual
rate of basic pay payable for GS-18 of the General Schedule.
``SEC. 507. SUPPORT SERVICES.
``(a) General Services.--To the extent permitted by law and
requested by the Chairman, the Administrator of General Services shall
provide the Board with necessary administrative services, facilities,
and support on a reimbursable basis.
``(b) Accounting, Research, and Technology Assessment Services.--
The Comptroller General, the Librarian of Congress, and the Director of
the Office of Technology Assessment shall, to the extent permitted by
law and subject to the availability of funds, provide the Board with
such facilities, support, funds and services, including staff, as may
be necessary for the effective performance of the functions of the
Board.
``(c) Additional Support.--Upon the request of the Chairman, the
Board may secure directly from the head of any department or agency of
the United States information necessary to enable it to carry out this
title.
``(d) Mails.--The Board may use the United States mails in the same
manner and under the same conditions as other departments and agencies
of the United States.
``(e) Experts and Consultants.--Subject to such rules as may be
prescribed by the Board, the Chairman may procure temporary and
intermittent services under section 3109(b) of title 5 of the United
States Code, but at rates for individuals not to exceed the daily
equivalent of the maximum annual rate of basic pay payable for GS-18 of
the General Schedule.
``SEC. 508. REPORT.
``The Board shall report not less than 2 times per year to Congress
and the Secretary its findings, conclusions, and recommendations.
``SEC. 509. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for expenditures such
sums as may be necessary to carry out the provisions of this title.
``SEC. 510. TERMINATION OF THE BOARD.
``The Board shall cease to exist not later than one year after the
date on which the Secretary begins disposal of spent nuclear fuel or
high-level radioactive waste in the repository.''
Purpose of the Measure
S. 1271, as reported by the Committee, would amend the
Nuclear Waste Policy Act of 1982 (NWPA of 1982) to direct the
Secretary of Energy to develop an integrated management system
for spent nuclear fuel and high-level nuclear waste. The bill
provides for the construction and operation of a centralized
interim storage facility and completion of siting and licensing
activities with regard to a permanent geologic repository at
Yucca Mountain.
Summary of Major Provisions
The bill provides for enactment of the Nuclear Waste Policy
Act of 1996, as a replacement for the NWPA of 1982, as amended.
Title I establishes the obligation of the Secretary of Energy
(Secretary) to develop an integrated management system under
which the Secretary shall accept, transport, store, and dispose
of spent nuclear fuel and high-level radioactive waste. Title I
also provides that nothing in the bill is intended to modify
any right of a contract holder under the NWPA of 1982, or
modify obligations imposed on the Federal Government by the
U.S. District Court of Idaho in United States v. Batt (No. 91-
0054-S-EJL).
Title II requires the Secretary to commence emplacement of
spent nuclear fuel and high level waste in an interim storage
facility no later than November 30, 1999, with certain
contingencies that could delay the commencement of facility
operations by approximately one year. The Secretary is required
to apply to the Commission for authorization to construct a
repository by December 31, 2001. Title II also requires the
Secretary to conduct research and report to Congress regarding
alternatives for the permanent disposal of spent fuel and high-
level nuclear waste.
Title III continues the Nuclear Waste Fund, as established
under the NWPA of 1982, and provides for priorities for the
spending of funds appropriated to the nuclear waste program.
Titles IV and V of the bill continues various provisions of the
NWPA of 1982, including the activities of the Office of
Civilian Radioactive Waste Management and the Nuclear Waste
Technical Review Board.
Background and Need
background
Nuclear power plants, which provide 20% of the United
States' electric generating capacity, are powered by small
uranium pellets loaded into rods within the reactor.
Approximately every 18 months, a reactor is refueled, at which
time between one-fourth and one-third of the reactor's fuel,
which has become inefficient, or ``spent,'' is removed. All
nuclear reactors were designed with on-site storage pools that
were intended to serve as temporary storage while the highly
radioactive fuel cooled before transport to a permanent storage
site. However, because no permanent storage site exists, the
reactors have been forced to retain spent fuel in their storage
pools indefinitely. A typical nuclear plant produces about 30
tons of spent fuel a year. At this time, over 30,000 metric
tons of spent fuel are now in temporary storage at nuclear
power plants at 75 sites across the country. The fuel is very
dense: all of the spent fuel produced by all of America's
nuclear plants over the last 30 years would cover only an area
the size of a football field to a depth of about three yards.
In addition to the commercial nuclear power industry, the
Federal Government has produced spent nuclear fuel and high-
level nuclear waste through defense and research activities.
Research reactors owned by the Department of Energy (DOE) and
universities produce spent nuclear fuel that is currently
stored at DOE sites across the country. However, most of the
fuel at DOE sites is from reactors at the Hanford and Savannah
River Sites that produced materials for DOE's nuclear weapons
program. These reactors are no longer operating. The fuel from
the weapons facilities was intended to be processed to extract
weapons-grade materials, and as a result, most must be
stabilized in some manner before it can be safely stored for
long periods of time.
Also, since 1957, spent nuclear fuel from nuclear-powered
naval vessels and naval reactor prototypes has been transported
to the Naval Reactors Facility at the Idaho National
Engineering Laboratory (INEL) for testing and examination,
where it is then stored by DOE. In the course of litigation
over the State of Idaho's attempt to stop the importation of
further waste into the State, a court order was issued on
December 22, 1993 that allowed only a limited number of
shipments of spent fuel to Idaho pending the completion of an
environmental impact statement (EIS) by DOE. In April 1995, DOE
completed an EIS that confirmed DOE's plan to store spent naval
fuel at INEL. The State of Idaho contested the adequacy of the
EIS and objected to further shipments. On October 16, 1995, the
State of Idaho, DOE and the Navy entered into a settlement
agreement that allows limited shipments of navy fuel to Idaho
in return for DOE's commitment to remove the fuel by January 1,
2035.
High-level nuclear waste has also been produced by defense
activities. High-level waste is the highly radioactive waste
material that results from the chemical reprocessing of spent
nuclear fuel and irradiated targets. Government operations from
1944 to the present have generated approximately 398,700 cubic
meters of high-level waste at four sites--the Hanford Site,
INEL, the Savannah River Site, and the West Valley
Demonstration Project. The Hanford facility alone has 61
million gallons of high-level radioactive waste in 177 tanks.
DOE plans to stabilize these wastes by transforming them into a
glass-like material, through a process called vitrification.
DOE estimates that, depending upon canister design and waste
composition, approximately 30,000 canisters of vitrified high-
level waste may require disposal.
The Nuclear Waste Policy Act and Amendments
In 1982, Congress adopted the NWPA of 1982, which required
the DOE to design and implement a system to dispose of spent
nuclear fuel in a permanent geologic repository. The NWPA of
1982 required DOE to begin accepting spent fuel from commercial
reactors at a repository by 1998. In 1985, the President
determined that defense-related spent fuel held by DOE could be
emplaced within the permanent repository. To fund the project,
Congress ordered that the Department of Energy collect a fee of
one mill (one-tenth of one cent) per kilowatt hour on
electricity generated by nuclear energy. The fee is collected
by utilities from their ratepayers in their monthly bills and
placed into a special ``Nuclear Waste Fund'' in the Treasury.
The Fund receives over half a billion dollars per year from
collections and $300 million per year in interest on the
unobligated balance. To date, approximately $11 billion in fees
and interest has been placed in the Fund. In addition, funds
are appropriated annually from the Defense Programs budget at
DOE to the nuclear waste disposal program to pay for the
disposal of defense spent fuel and waste.
By 1987, DOE had focused on potential sites for a
geological repository in Texas, the State of Washington, and
Yucca Mountain, Nevada, as well as several sites in the eastern
U.S. In the Nuclear Waste Policy Amendments Act (NWPAA),
Congress reaffirmed that DOE should construct a geologic
repository, and instructed DOE to study the suitability of only
the Yucca Mountain site. Due to litigation over the attempts of
the State of Nevada to stop the study of Yucca Mountain, DOE
was unable to begin site characterization activities until
1991.
Although DOE will have spend almost $6 billion through the
second quarter of fiscal year 1996 on the program, DOE has
conceded that the 1998 deadline for the acceptance of spent
nuclear fuel will not be met.
Interim Storage
As it became clear that a permanent repository would not be
open by the 1998 deadline, the 1987 NWPAA established the
Office of the Nuclear Waste Negotiator, which was established
to find a volunteer State or Indian tribe to host a temporary
storage facility, referred to as a ``monitored retrievable
storage'' facility or ``MRS.'' Although several Indian tribes
applied for study grants, due to State and Congressional
intervention in the process, the program was unable to make
progress in siting an MRS. Although funds had been appropriated
for the Office through the end of fiscal year 1995, under the
terms of the NWPA, the Office terminated on December 22, 1994.
In any case, because the NWPA of 1982 links the siting of
an MRS to the siting of the permanent repository, DOE cannot
select an MRS site until the Secretary has recommended that a
permanent repository be built at Yucca Mountain, and cannot
begin construction authorization for the permanent repository.
The NWPA of 1982 also prohibits the construction of the MRS in
Nevada.
Twenty-three reactors will run out of room in their spent
fuel storage pools by 1998, the deadline for the acceptance of
waste by DOE. By 2010, DOE's rather optimistic target date for
opening a permanent repository, an additional 55 reactors will
be out of space. Thus, many utilities with limited space in
their storage pools have begun to search for alternative
storage facilities. At this time, six utilities have on-site
dry canister storage at their reactors. In most cases,
obtaining State approval for on-site storage has been quite
controversial.
The State regulators have become quite angry with the
current situation, in which they are required to collect money
from State ratepayers to fund a DOE waste program which will
not accept waste any time in the forseeable future, while, at
the same time, the utilities are faced with growing expenses
for on-site storage. When DOE admitted that it would be unable
to take spent fuel in 1998, a group of state regulatory
agencies, nuclear utilities and state Attorneys General sued
DOE for breaching the contracts entered into under the NWPA of
1982. DOE denies that it ``has a clear legal obligation under
the [NWPA of 1982] to accept spent nuclear fuel absent an
operational repository or other facility,'' although DOE admits
that is may have created an ``expectation'' that it would take
fuel in 1998 under the contracts entered into with the
utilities under the Act. The case is still pending in the
United States Court of Appeals for the District of Columbia
(Indiana Michigan Power Company, et al. v. U.S. Department of
Energy, Nos. 95-1279, 95-1321, and 95-1463). Currently, many
State commissions are investigating the possibility of either
refusing to allow the passthrough of the Nuclear Waste Fee in
utility rates or placing the fee into escrow rather than
forwarding it to the Federal Government.
Intermodal Transfer Facility
Last year, the County Commission of Lincoln County, Nevada,
a county adjacent to the Yucca Mountain site, passed a
resolution inviting DOE to build a spent fuel cask handling
facility and temporary storage facility in Lincoln County in
return for specified payments and benefits to the county. At
the facility, spent fuel casks would be removed from the Union
Pacific Railroad line for transfer to the interim storage
facility at the Nevada Test Site via heavy-haul truck. The
State government in Nevada, which has been constant in its
objections to the Yucca Mountain project, filed civil and
criminal lawsuits against the Lincoln County Commissioners for
making the proposal. These lawsuits have since been settled.
Legislative Activity
On Thursday, March 2, 1995, the Senate Committee on Energy
and Natural Resources held a hearing regarding S. 443, the
``Electric Consumers and Environmental Protection Act of
1995,'' S. 167, the ``Nuclear Waste Policy Act of 1995,'' S.
429, the ``Independent Spent Nuclear Fuel Storage Act of
1995,'' S. 473, the ``Nuclear Energy Policy Act of 1995,'' and
draft legislation that was later introduced as H.R. 1020. No
further action has been taken on this legislation.
At the Committee's May 16, 1995 hearing, Chairman Selin of
the Nuclear Regulatory Commission supported legislation to
establish a centralized interim storage facility and continue
characterization of the Yucca Mountain site. At the December
14, 1996 hearing, Secretary O'Leary of the Department of Energy
testified that the Administration would oppose any legislation
that designates a site for an interim storage facility prior to
an Administration decision regarding the suitability of the
Yucca Mountain Site for a permanent geologic repository. On
March 1, 1996, the Chairman received a letter from Alice
Rivlin, Director of the Office of Management and Budget, that
indicated that the Administration ``strongly oppose[s]
designating an interim storage facility at a specific site at
this time.''
In the House of Representatives, a similar bill to S. 1271,
H.R. 1020, was introduced by Representatives Upton, Towns,
Bilirakis, Manton, Stearns, Hall of Texas, Norwood, Gordon,
Burr, Thurman, Hastert, Gillmor, Moorhead, Graham, and Franks
of Connecticut. The bill now has 187 cosponsors. The
legislation was ordered reported by the Commerce Committee on
August 2, 1995. The bill was referred to the House Budget and
Resources Committees but was discharged from those Committees
without action. The House has taken no further action on H.R.
1020 at this time.
Legislative History
S. 1271 was introduced on September 25, 1995 by Senator
Craig for himself, Senator Abraham, Senator Faircloth, Senator
Hollings, Senator Kempthorne, and Senator Kyl. The bill was
referred to the Committee on Energy and Natural Resources.
After introduction, Senators Bond, Cochran, Coverdell, Helms,
Heflin, Kassebaum, Levin, Lott, Mack, Nunn, Pressler, Robb,
Santorum, Shelby, Simpson, Smith, Thomas, Thurmond, and Warner
were added as co-sponsors.
On December 14, 1995, the Committee held a hearing on S.
1271. Additional Committee hearings on the Department of
Energy's high-level nuclear waste disposal program were held on
March 2, 1995, and May 16, 1995.
The Committee on Energy and Natural Resources met in open
business session on March 13, 1996, and by a majority vote
ordered favorably reported an amendment in the nature of a
substitute offered by Senator Craig and Chairman Murkowski of
the Committee.
Committee Recommendation and Tabulation of Votes
The Senate Committee on Energy and Natural Resources, in
open business session on March 13, 1996, by majority vote of a
quorum present recommends that the Senate pass S. 1271, if
amended as described herein.
During the Committee's consideration of the bill, rollcall
votes were taken on amendments offered to the amendment in the
nature of a substitute to the bill. These votes were taken in
open business session, have been announced publicly by the
Committee, and are included in the minutes of the session.
The rollcall vote on the motion to report an amendment in
the nature of a substitute was 12 yeas, 6 nays, and 1 present
as follows:
YEAS NAYS
Murkowski Bumpers
Hatfield \1\ Ford \1\
Domenici \1\ Bingaman \1\
Nickles \1\ Akaka
Craig Wellstone
Campbell Dorgan
Thomas
Kyl \1\
Grams
Jeffords \1\
Burns
Heflin \1\
Note: Mr. Johnston voted ``present.''
\1\ Indicates voted by proxy.
Committee Amendments
The Committee adopted an amendment in the nature of a
substitute to S. 1271.
Section-by-Section Analysis
section 1.--short title and table of contents
The title of the Act is the ``Nuclear Waste Policy Act of
1996.''
section 2.--definitions
This section reenacts many of the definitions that were
included in the Nuclear Waste Policy Act of 1982, with
modifications where necessary to reflect provisions of the
Nuclear Waste Policy Act of 1996, and eliminates those
definitions that are no longer necessary. New definitions are
provided for ``Accept,'' ``Acceptance,'' ``Contracts,''
``Contract Holders,'' ``Disposal System,'' ``Emplacement
Schedule,'' ``Integrated Management System,'' ``Interim Storage
Facility,'' ``Interim Storage Facility Site,'' ``Metric Tons
Uranium,'' ``Program Approach,'' ``Withdrawal,'' and ``Yucca
Mountain Site.'' The definitions are self-explanatory.
TITLE I--OBLIGATIONS
section 101.--obligations of the secretary of energy
Subsection (a) establishes the obligation of the Secretary
to develop and operate an integrated management system for the
storage and permanent disposal of spent nuclear fuel and high-
level radioactive waste. Subsection (b) requires the Secretary
to commence storage of spent nuclear fuel and high-level waste
at an interim storage facility developed under the Act
beginning not later than November 30, 1999. Under subsections
(c) and (d), the Secretary is required to develop the remaining
components of the integrated management system, including the
procurement of all systems and components necessary to
transport spent nuclear fuel and high-level waste to the
integrated management system facilities.
Subsection (e) requires the Secretary, in administering the
integrated management system, to the maximum extent possible,
to utilize, employ, procure and contract with the private
sector to fulfill the Secretary's obligations and requirements
under the Act. The Committee intends, by this section, to
ensure that the integrated management system is operated, to
the maximum extent possible, in an efficient and cost-effective
manner, and benefits from private sector management practices,
operations, procedures, and labor practices.
Subsection (f) provides that nothing in the Nuclear Waste
Policy Act of 1996 is intended to or shall be construed to
modify any right of a contract holder under section 302(a) of
the NWPA of 1982, or under a contract executed thereunder prior
to the date of enactment of this Act; or (2) obligations
imposed on the Federal government by the U.S. District Court of
Idaho in United States v. Batt (No. 91-0054-S-EJL). This
section is intended to make clear that the Committee does not
intend the enactment of this Act to have any effect on the
outcome of the lawsuits currently pending in the United States
Court of Appeals for the District of Columbia (Indiana Michigan
Power Company, et al. v. U.S. Department of Energy, Nos. 95-
1279, 95-1321, and 95-1463) or any subsequent litigation
regarding the obligations of the Department or the rights of
contract holders under the contracts executed under the NWPA of
1982. The rights of the plaintiffs in those cases, including
utility contract holders and state government representatives,
will be determined by the court and will not be impacted by the
enactment of this Act. Nor is the enactment of this Act
intended to impact the obligations and rights established in
the court's order in United States v. Batt.
Subsection (g) provides that subject to any valid existing
rights under subsection (f), nothing in this Act shall be
construed to subject the United States to financial liability
for the Secretary's failure to meet any deadline for the
acceptance or emplacement of spent nuclear fuel or high-level
waste under this Act. The Committee stresses that this section
does not address the liability of the United States for the
failure to meet any deadline for the acceptance of spent
nuclear fuel or high-level waste established under the NWPA of
1982 or the contracts executed thereunder, but rather is
focused solely on the liability of the United States under the
specific provisions of this Act.
TITLE II--INTEGRATED MANAGEMENT SYSTEM
section 201.--intermodal transfer
Subsection (a) requires the Secretary to utilize heavy-haul
truck transport to move fuel and waste from the mainline rail
line at Caliente, Nevada to the interim storage facility site.
Subsection (b) requires the Secretary to develop the capability
to commence rail to truck intermodal transfer at Caliente no
later than November 30, 1999.
The Nuclear Regulatory Commission (NRC) does not currently
have regulatory jurisdiction over the Secretary's intermodal
transfer activities. See section 202 of the Energy
Reorganization Act of 1974, 42 USC 5842. However, intermodal
transfer operations, if carried out by private parties, are
currently permitted by a general license issued by the NRC in
1981 authorizing any person to possess spent nuclear fuel ``in
the regular course of carriage for another or storage incident
thereto.'' See 10 CFR 70.20a(a). A general license is
``effective without the filing of applications with the [NRC]
or the issuance of licensing documents to particular persons.''
10 CFR 70.18. Therefore, so long as the shipper meets the
standards specified in the general license, including required
compliance with applicable NRC security requirements for
shipments of spent nuclear fuel (10 CFR 73.37), no specific NRC
licensing authority is required. The Committee intends that the
Secretary, and the Secretary's contractors, will conduct
transportation activities in like manner as private parties,
including compliance with applicable NRC security requirements.
Thus, the Committee intends that the Secretary will conduct
intermodal transfer operations in accordance with the
requirements of the general license. Because the intermodal
transfer operations would take place consistent with the
requirements of the general license, NRC has no further
responsibilities under the National Environmental Policy Act of
1969 with respect to such operations. The NRC satisfied its
NEPA obligations in conjunction with the rulemaking proceeding
that issued the general license.
Subsection (c) requires the Secretary to acquire lands and
rights-of-way along the Chalk Mountain Heavy Haul Route
depicted on the map dated March 13, 1996, and on file with the
Secretary, necessary to commence intermodal transfer at
Caliente. Subsection (d) also requires Secretary to acquire and
develop on behalf of, and dedicate to, the City of Caliente
parcels of land and rights-of-way as required to facilitate
replacement of land and city wastewater disposal activities
necessary to commence intermodal transfer pursuant to this Act.
Such replacement shall occur no later than November 30, 1999.
Subsection (e) requires the Secretary, within 6 months of
enactment, to publish a legal description of the sites and
rights-of-way to be acquired and to file copies of a man of
such sites and rights-of-way with specified Federal, State, and
local entities. Under subsection (f), the Secretary is required
to make improvements to existing roadways selected for heavy-
haul truck transport between Caliente and the interim storage
facility site as necessary to facilitate year-round safe
transport of fuel and waste.
Subsection (g) clarifies that the Secretary's activities in
connection with the development of intermodal transfer
capability and roadway improvements do not require
environmental review under NEPA. The Committee expects that the
NRC will consider the environmental impacts of the development
and operation of intermodal transfer capability at Caliente,
Nevada, as well as the environmental impacts associated with
required improvements to existing roadways selected for heavy-
haul transport between Caliente and the interim storage
facility site, in the transportation sections of the EIS
prepared in conjunction with the licensing of the first phase
of the interim storage facility. Recognizing that environmental
impacts associated with the intermodal transfer capacity and
associated roadway improvements will be considered by the NRC,
the bill clarifies that the Secretary is not required to
prepare any separate NEPA documentation prior to development of
the intermodal transfer capability or improvements to existing
roadways. It is the Committee's intent that the Secretary's
actions in developing intermodal transfer capability and
upgrading roadways as necessary for heavy-haul transport not be
preceded by any NEPA documentation. The Secretary would address
these issues, as appropriate in the Environmental Report
submitted to the NRC in support of the Secretary's license
applications for the interim storage facility.
Subsection (h) requires the NRC to enter a Memorandum of
Understanding with the City of Caliente and Lincoln County,
Nevada, to provide input to the Commission regarding intermodal
transfer and to facilitate on-site representation. It also
provides that reasonable expenses of such representation shall
be paid by the Secretary. Subsection (i) requires the Secretary
to offer to enter into a benefits agreement with Lincoln
County, Nevada concerning the Integrated Management System. It
provides that the agreement shall contain such terms and
conditions, including financial and institutional arrangements,
as the parties determine to be reasonable and appropriate and
shall contain such provisions as are necessary to preserve any
right to participation or compensation of Lincoln County,
Nevada.
Subsection (j) provides that, in addition to any benefits
provided Lincoln County under the agreement, the Secretary
shall make payments in accordance with the schedule provided in
the bill and prevents the Secretary from restricting the
purposes for which the payments under the schedule may be used.
This section specifies other required terms of the agreement,
including dates for payments and governing law.
Subsection (k) provides that, with one exception, 120 days
after enactment of the Act, all right, title and interest of
the United States in thousands of acres of specifically
designated property are conveyed by operation of law to Lincoln
County, including all improvements thereon and all necessary
easements. Pursuant to the exception, any designated property
that is 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
terminate legally such permit or lease under applicable law,
unless Lincoln County and the affected holder of the permit or
lease negotiate an agreement that allows for an earlier
conveyance. It also provides that, upon request of Lincoln
County, the Secretary of the Interior shall provide evidence of
title transfer.
SECTION 202.--TRANSPORTATION PLANNING
This section requires the Secretary to take those actions
necessary to ensure ability to transport fuel and waste from
sites designed by contract holders to mainline transportation
facilities beginning no later than November 30, 1999.
This section requires the Secretary, as soon as is
practicable, to analyze each specific reactor facility in the
order of priority established in the emplacement schedule, and
to develop a logistical plan to assure the Secretary's ability
to transport fuel and waste. In conjunction with development of
logistical plan, the Secretary is required to update and modify
the Secretary's transportation institutional plans to support
commencement of transportation by November 30, 1999.
SECTION 203.--TRANSPORTATION REQUIREMENTS
This section reenacts, with some modifications, provisions
in old law regarding NRC certification of shipping packages;
the provision of advance notification to States of shipments in
accordance with NRC regulations; and the Secretary's provision
of technical and financial assistance to States, affected units
of local government, and Indian Tribes through whose
jurisdictions the Secretary plans to ship for training public
safety officials of appropriate units of local government.
The Committee emphasizes the concerns of Indian tribes that
will be impacted by the transportation of spent nuclear fuel
and high-level waste. The Department of Energy should take
proactive steps to address impacts on Indian tribes and provide
emergency response capabilities. Such emergency response
capabilities must include technical assistance and funding to
provide needs assessment reviews and programs to ensure
adequate protection for their communities.
This section reenacts provisions in existing law requiring
the Secretary, in providing transportation of fuel and waste,
to contract with private industry to the fullest extent
possible. It also requires the Secretary to conduct a program
to educate the public regarding the transportation of fuel and
waste, with an emphasis on those State, localities, and Indian
tribes through whose jurisdiction the Secretary plans to
transport substantial amounts of fuel or waste.
section 204.--interim storage
Subsection (a) instructs the Secretary to design, construct
and operate a facility for the interim storage of spent fuel
and high-level waste at the interim storage facility site.
Section 2 of the Act defines interim storage facility site as
the specific site within Area 25 of the Nevada Test Site that
is designated by the Secretary and withdrawn and reserved in
accordance with the Act for the location of the interim storage
facility. Procedures for withdrawal and reservation are
specified in section 207.
Subsection (a) also provides that the interim storage
facility shall be subject to licensing by the NRC pursuant to
regulations governing the licensing of independent spent fuel
storage installations (ISFSIs), which regulations shall be
amended by the Commission as necessary to implement the
provisions of the Nuclear Waste Policy Act of 1996, and shall
commence operation of the first phase by November 30, 1999. The
intent of this provision is that the Secretary be treated in
like manner as a private applicant for an ISFSI license.
Subsection (b) requires the Secretary to proceed forthwith
with all activities necessary to begin accepting fuel and waste
at the interim storage facility at the Yucca Mountain site by
November 30, 1999, with the following provisos: (1) the
Secretary shall not begin any construction activities at the
Yucca Mountain site before October 1, 1998; (2) the Secretary
shall cease all activities (except termination activities) at
the Yucca Mountain site and undertake activities to establish
an interim storage facility and repository at an alternative
site if (A) the President designates an alternative site and it
is approved by law, or (B) the Secretary determines by October
1, 1998 that the Yucca Mountain site is unsuitable for
development as a repository, because of a substantial
likelihood that a repository of useful size cannot be designed,
licensed, and constructed at the Yucca Mountain site. It
provides further that in the event that the Secretary
determines that the Yucca Mountain site is unsuitable for
development as a repository in accordance with this section,
and the Secretary has not designated an alternative interim
storage facility site that accepts fuel and waste by November
30, 1999, the Secretary shall begin construction activities for
an interim storage facility at the Yucca Mountain site with
such construction activities to be completed within one year.
A formal suitability determination as contemplated by the
old law is not required by this bill (see Sec. 205, infra). For
the purposes of the determination contemplated by this
subsection, suitability means a substantial likelihood that a
repository of useful size can be designed, licensed, and
constructed at the Yucca Mountain site. This strikes a balance
between the need to consider alternative interim storage
facility sites in the event that the Secretary determines that
the Yucca Mountain site is unsuitable for development of a
repository, and the need for development and operation of an
interim storage facility site in accordance with an expeditious
schedule.
Subsection (c) requires that the design of the interim
storage facility provide for the use of storage technologies
licensed, approved, or certified by the Commission for use as
the interim storage facility as necessary to ensure
compatibility between the interim storage facility and contract
holders' spent fuel and facilities. It also requires the
Secretary to consent to an amendment to the contracts to
provide for reimbursement to contract holders for transportable
storage systems purchased by contract holders if the Secretary
determines that it is cost-effective to use such systems as
part of the integrated management system, but precludes the
Secretary from expending funds to modify contract holder
storage or transport systems or to seek additional regulatory
approves to use such systems. The intent of this requirement is
to ensure that the interim storage facility design is
compatible with transportable storage technologies currently
being deployed at civilian nuclear power reactors and at any
private storage facilities, and transportation technologies
that may be used to transport spent nuclear fuel from such
reactors to the interim storage facility.
The Committee intends that the Secretary will discuss
compatibility issues with contract holders prior to designing
the interim storage facility, and that such discussions
continue as necessary to ensure compatibility between the
interim storage facility and contract holders' spent nuclear
fuel and facilities. The contracts executed under section
302(a) of the NWPA of 1982 anticipate the use of casks supplied
by the Secretary to transport contract holders' spent nuclear
fuel to the interim storage facility. Since the execution of
those contracts, there have been many technological and
regulatory developments with respect to spent nuclear fuel
storage and transport, and many contract holders may be
utilizing transportable storage systems for on-site spent
nuclear fuel storage when the Secretary accepts the Spent
nuclear fuel pursuant to the emplacement schedule. If the
Secretary use of the transportable storage systems would
provide a cost benefit to the integrated management system, the
Committee believes that it would be appropriate for the
Secretary to do so and to reimburse the contract holders for
the cost of the transportable storage system. It is for this
reason that the Committee directs the Secretary to consent to
an amendment to the contracts to provide a basis for such
reimbursement. However, if the Secretary would have to expend
funds to modify contract holders' systems or seek additional
regulatory approvals to use such systems, the cost of utilizing
such systems would outweigh the benefits.
Subsection (d) requires that the interim storage facility
be licensed in two phases in order to commence operations no
later than November 30, 1999. It requires the Secretary, no
later than 12 months after the date of enactment of the Act, to
submit to the NRC an application for a license for the first
phase of the interim storage facility. It specifies that the
first phase license shall have a term of 20 years, which shall
be renewable for additional terms upon application by the
Secretary, and a capacity, or not more than 20,000 MTU. It
requires the NRC to issue a final decision on the Secretary's
license application within 16 months of application submittal.
Subsection (d)(2) requires that the Environmental Report
and Safety Analysis Report submitted in support of the first
phase license application be consistent with the scope of
authority requested in the license application. The first phase
storage facility will be a simple storage facility, consisting
primary of a concrete pad and storage systems similar to those
used at licensed ISFSI at reactor sites. The NRC has experience
licensing such facilities, and should be able to complete the
licensing process for a limited facility within the 16 month
period.
Subsection (d)(3) requires the Secretary to submit a
license application for the second phase facility no later than
30 months after enactment. This subsection specifies that the
second phase facility license shall authorize a storage
capacity of 100,000 MTU. It also requires that the second phase
of the interim storage facility commences operation by Dec. 31,
2002, shall have an initial term of up to 100 years, and shall
be renewable for additional terms upon application by the
Secretary.
Subsection (e)(1) permits the Secretary to commence site
preparation as soon as practicable following the date of
enactment of the Act, and to commence construction of each
phase of the interim storage facility subsequent to submittal
of license application, but authorizes NRC to issue an order
requiring the Secretary to suspend construction based on a
finding of unreasonable risk to public health and safety and
the environment. This provision must be read in conjunction
with section 204(b)(1), which prohibits any site construction
activities prior to October 1, 1998. The Committee believes
that this provision appropriately balances the need to
facilitate the Secretary's ability to meet the schedule for the
commencement of the interim storage facility operations by
November 30, 1999, and the need for adequate protection of
public health and safety, and the environment. As noted above,
the first phase interim storage facility will be a relatively
simple facility that is similar to ISFSIs that have already
been licensed at power reactor sites. The construction of the
concrete pads and support buildings comprising the first phase
facility design is a relatively benign process from the
standpoint of impacts on the public health and safety and the
environment. Of course, in undertaking prelicensing
construction, the Secretary bears the risk that the facility
may require modification as a result of the licensing process.
Notwithstanding any otherwise applicable licensing
requirement, subsection (e)(2) authorizes the Secretary to
utilize any facility owned by the Federal Government on the
date of enactment of the Act within the boundaries of the
interim storage facility site. This provision is intended to
authorize the Secretary to use the existing Engine-Maintenance
and Disassembly (E-MAD) Facility to handle individual spent
fuel assemblies as needed. The Secretary's determination that
use of the E-MAD facility is necessary and appropriate to
ensure satisfaction of the Secretary's obligations under this
Act is committed to the Secretary's sole discretion and not
subject to judicial review; the Commission has no licensing or
oversight authority with respect to the use of the facility.
The Secretary need not prepare any documentation under the
National Environmental Policy Act of 1969 prior to utilizing
the E-MAD facility.
Subsection (e)(3) provides that, subject to the
establishment of criteria and grant of authority necessary to
store additional fuel and waste, including spent fuel from
naval reactors, once the Secretary has achieved the annual
acceptance rate for spent nuclear fuel from civilian nuclear
power reactors established pursuant to contracts executed prior
to the date of enactment of the Act, the Secretary shall accept
additional fuel and waste, in an amount not less than 25% of
the difference between the contractual acceptance rate and
annual emplacement rate for spent nuclear fuel from civilian
nuclear power reactors established under section 407(a) of the
Act.
Subsection (f) clarifies that the Secretary's actions in
connection with the selection of an interim storage facility
site, the submittal of any license application and supporting
documentation, the construction and operation of any facility,
and the use of any facility at the site owned by the federal
government are preliminary decision making activities, and
therefore not subject to judicial review, and do not require
any NEPA documentation. This subsection require NRC to prepare
an EIS in connection with any licensing decision and specifies
what NRC must consider in the EIS, narrowing the scope of the
EIS to reflect appropriately the scope of the Commission's
licensing decisions. This subsection directs NRC to ensure that
the scope of the EIS is consistent with the licensing action.
Subsection (g) specifies that judicial review of the NRC's EIS
shall be consolidated with judicial review of its licensing
action; and precludes a reviewing court from enjoining facility
construction or operation except in conjunction with final
decision on licensing action.
These provisions reflect the decision to treat the
Secretary in like manner as a private applicant for an ISFSI
license. A private applicant is required to submit an
environmental report in support of a license application that
contains data that will be utilized by the NRC in preparing the
EIS. The Secretary is required to prepare an environmental
report in accordance with the regulations governing preparation
of an environmental report by a private party. The Committee
does not intend for the Secretary to turn the environmental
report into a functional EIS by content or by process. The
responsibility to prepare an EIS appropriately lies with the
NRC, the objective licensing agency, as opposed to the
Secretary. Because the site for the interim storage facility
has been selected by Congress, the Secretary's only role in
site selection is to choose the specific location for the
facility within the boundaries of the site selected by
Congress. The purpose of NEPA analyses is to aid agency
decisions and since the Committee has made certain decisions
regarding the interim storage facility, which are reflected in
the bill, no purpose would be served by NEPA analyses of these
decisions. Thus, an EIS is not necessary to support the
Secretary's site selection process. Finally, the impacts that
would be reviewed in any EIS prepared by the Secretary would be
the same as the impacts that will be reviewed by the NRC, e.g.,
the impacts of construction and operation of an interim storage
facility at the designated site. There is no justification for
requiring duplicative analyses by the Secretary and the NRC.
The Committee recognizes that the two-step licensing
process will result in two separate licensing hearings, and
that in conjunction with the second phase license the NRC will
have to prepare a supplement to the EIS prepared in conjunction
with the first phase licensing. However, the Committee does not
intend for the second phase licensing process to relitigate
health and safety or environmental issues that were litigated
and decided in the first phase licensing process. Thus, issues
which are adjudicated in a hearing on the first phase license
shall be final and shall not be readjudicated in hearings on
the second phase license unless a request for a hearing on such
an issues shows prima facie, that as a result of significantly
changed circumstances, failure to grant hearing would be
contrary to providing reasonable assurance of adequate
protection of the public health and safety or the environment.
The Committee believes that this standard is consistent with
existing law as implemented by the NRC, and should govern the
interim storage facility licensing process.
Subsection (h) protects NRC's Waste Confidence decision by
providing that the Secretary's obligation to construct and
operate an interim storage facility in accordance with the Act,
and the Secretary's obligation to develop an Integrated
Management System in accordance with the Act, shall provide
sufficient and independent grounds (in addition to grounds NRC
has used in the past) for any further NRC finding of reasonable
assurance that fuel and waste will be disposed of safely and on
a timely basis or purposes of any decision to grant or amend a
reactor license.
Subsection (i) requires NRC, within 18 months of enactment,
to establish criteria (to the extent such criteria are not
incorporated in NRC regulations) for the storage in the interim
storage facility of spent fuel and high-level waste from
shutdown reactors, spent fuel and high-level waste from atomic
energy defense activities, and spent fuel from foreign research
reactors (referred to as additional fuel and waste). It reqires
the Secretary, following establishment of such criteria, to
seek authority, as necessary, to store such additional fuel and
waste. It also provides that neither the establishment of such
criteria or request for authority to store additional fuel and
waste shall delay or otherwise affect, the development,
construction, licensing, or operation of the interim storage
facility.
Subsection (j) reenacts the provisions of the NWPA of 1982
that authorized the NRC to establish procedures for the
licensing of any technology for the dry storage of spent
nuclear fuel by rule and without, to the maximum extent
possible, the need for site-specific approvals by the
Commission. It protects the Commission's procedures governing
the licensing of independent spent fuel storage installations,
including the general license, by providing that nothing in the
Act shall affect such procedures, or any licenses or approvals
issued pursuant to such procedures, in effect on the date of
enactment of the Act.
section 205.--permanent disposal
Subsection (a) annuls and revokes the Secretary's site
characterization guidelines codified at 10 CFR Part 960. It
requires the Secretary to continue with site characterization
activities in accordance with the program approach, and to
eliminate or modify any site characterization activities
designed to demonstrate suitability under the guidelines. This
provision is necessary to reflect the changes in the
Secretary's responsibilities since the passage of the NWPA of
1982. Section 112 of the NWPA, as enacted in 1982, required the
Secretary to nominate at least 5 sites as suitable for
characterization for development as a repository, and to
recommend 3 of the sites to the President for further
characterization. The nominations and recommendations were to
be based, in part, on the site suitability guidelines. Thus,
the primary purpose of the guidelines was to assist the
Secretary in comparing and evaluating the relative advantages
and disadvantages of the various sites under consideration. In
1987, Congress amended the NWPA to require the Secretary to
characterize only the Yucca Mountain site and to cease site
characterization activities at all other sites under
consideration. However, Congress did not give the Secretary any
direction as to the continued value of the site suitability
guidelines. As a result, the Secretary has designed the site
characterization program to enable the Secretary to reach a
decision on site suitability as a precondition to preparing the
license application. This is an inappropriate use of the
guidelines, and a waste of the Secretary's limited resources.
The relevant question is not whether the Yucca Mountain site is
suitable, but whether the site can satisfy the Commission's
repository licensing regulations in 10 CFR Part 60. Thus, the
bill expressly annuls and revokes the guidelines, and in so
doing makes clear that the Secretary is to focus the site
characterization program solely on obtaining information
necessary to make a determination whether the site can satisfy
applicable licensing standards.
Subsection (a)(3) requires the Secretary to submit a
license application for the repository consistent with the
schedule set forth in the program approach, as modified to be
consistent with the Act, but no later than December 31, 2001.
If, prior to the filing of the application, the Secretary
determines that the Yucca Mountain site cannot satisfy the
Commission's repository licensing regulations, the Secretary
must terminate site characterization activities and report to
Congress within six months. This subsection requires the
Secretary to develop a repository design that maximizes
repository capacity.
Subsection (b) requires NRC, upon completion of the
licensing proceeding for the first phase of the interim storage
facility, to amend its repository licensing regulations as
necessary to comply with the Act, including the licensing
process and release standard established in the Act. This
subsection establishes a three-step process for licensing the
repository: first, a construction authorization; followed by a
license to dispose of waste in the repository; and ultimately a
license amendment permitting the Secretary to close the
repository. For each step, NRC must find that the action
complies with the Secretary's application, the Act, and the
NRC's regulations; does not pose an unreasonable risk to public
health and safety; is consistent with the common defense and
security; and is consistent with the most economic use of the
Nation's resources. This subsection requires the Secretary to
take those actions necessary and appropriate at the site to
prevent any activity at the site subsequent to repository
closure that poses an unreasonable risk of breaching the
repository's engineered or geologic barriers or increasing
exposure to members of the public beyond the limits established
in this section.
Subsection (c) requires NRC to provide in its regulations
for the modification of the repository licensing procedure, as
appropriate, in the event that the Secretary seeks a license to
permit the emplacement of waste in the repository, on a
retrievable basis, as necessary to provide the Secretary with
sufficient confirmatory data on repository performance to
reasonably confirm the basis for repository closure.
Subsection (d) establishes a standard that constitutes an
overall system performance standard. Clarifies that EPA shall
not promulgate, by rule or otherwise, standards for the
repository and provides that any such standards existing on the
date of enactment shall not be incorporated in the NRC's
licensing regulations. The overall system performance standard
established for the repository prohibits releases of
radioactive material or radioactivity that would expose an
average member of the general population in the vicinity of the
Yucca Mountain site to an annual dose in excess of 100
millirems. This is the maximum annual dose from manmade sources
recommended by the National Council on Radiation Protection and
Measurements, and the NRC's general public protection standard.
An annual dose of 100 millirems is equivalent to one-third of
the annual dose an individual receives from natural sources
(often referred to as natural background radiation). This is an
objectively measurable scientific standard that will not change
over time. It is the limit for annual public exposure that is
recommended by the International Commission for Radiological
Protection (ICRP), and thus is consistent with the current
international consensus. See ISSN-0146-6453, ICRP Publication
60, 1990 Recommendations of the International Commission on
Radiological Protection.
Subsection (d)(2) specifies the manner in which the NRC is
to apply the overall system performance standard. It requires
the Commission to issue the license if it finds reasonable
assurance that for the first 1,000 years following the
commencement of repository operations, the overall system
performance standard will be met based on a probabilistic
evaluation, as appropriate, of compliance with the overall
system performance standard. The Commission is also required to
analyze the overall system performance through the use of
probabilistic evaluations that use best estimate assumptions,
data, and methods for the period commencing after the first
1,000 years of operation of the repository and terminating at
10,000 years after the commencement of operation of the
repository.
Subsection (d)(3) requires NRC to assume that, following
repository closure, the inclusion of engineered barriers and
Secretary's post-closure actions at the site will thwart human
intrusion sufficient to prevent exposure of members of the
public beyond limits established in this section. It clarifies
that an average member of the general population in the
vicinity of the Yucca Mountain site means a person whose
behavior represents the average for persons living in the
vicinity of the site. This subsection precludes NRC
consideration of catastrophic events where health consequences
of such events can be reasonably assumed to exceed the health
consequences due to the impact of the events on repository
performance.
Subsection (e) requires the Secretary to prepare an EIS in
connection with the license application and to supplement such
EIS as appropriate, but relieves the Secretary of the need to
consider the need for the repository, or alternative sites or
designs for the repository. It requires NRC, in licensing the
repository, to adopt the Secretary's EIS, and any supplement
thereto, to the extent practicable.
section 206.--land withdrawal
This section provides for withdrawal of the Interim Storage
Facility Site, as designated by the Secretary within Area 25 of
the Nevada Test Site, within 6 months of enactment of the Act
through the publication of the required legal description in
the Federal Register and the filing of the map with the
appropriate government entities. It provides for the withdrawal
of the Yucca Mountain Site at the same time that the Secretary
submits a license application.
When the withdrawals become effective, this section
transfers jurisdiction of any land within such sites to the
Secretary, and reserves such sites for the Secretary's
exclusive use in connection with construction and operation of
an interim storage facility and a repository. It also specifies
procedures the Secretary must follow to depict the boundaries
of the withdrawn sites.
section 207.--permanent disposal alternatives
Subsection (a) requires the Secretary, within 270 days
after the date of enactment of the Act, to report to Congress
on alternatives for the permanent disposal of spent fuel and
high-level waste. Specifies issues that must be addressed in
the report, including an assessment of alternative technologies
for the treatment and disposal of fuel and waste, cost
estimates of the research and development of alternative
technologies, and the environmental and public health and
safety aspects of such alternative technologies.
Subsection (b) establishes an Office of Nuclear Waste
Disposal Research within the Office of Energy Research of the
Department of Energy, to be headed by a Director appointed by
the Director of the Office of Energy Research. It charges the
Director of the Office with responsibility for carrying out
research, development, and demonstration activities on
alternative technologies for the treatment and disposal of fuel
and waste. This subsection also requires the Director to report
annually to Congress on the activities and expenditures of the
Office.
Subsection (b) also requires the Secretary, within 60 days
of the date of enactment of the Act, to establish a university-
based Nuclear Waste Disposal Consortium involving universities,
national laboratories, the commercial nuclear industry, and
other organizations to investigate the technical and
institutional feasibility of alternative technologies for the
treatment and disposal of fuel and waste. It authorizes the
Secretary to make grants to, or enter into contracts with, the
Consortium.
Finally, the Consortium is required to develop a research
plan and budget to achieve specified objectives by 2005.
Objectives include the identification of promising alternative
technologies for the treatment and disposal of fuel and waste;
research and development of such conceptional designs,
including costs and institutional requirements; and the
identification and assessment of the potential impacts of such
alternative technologies on the environment. It requires
Consortium to report to Congress in 2000 and 2005 on the
progress being made in achieving specified objectives.
TITLE III--FUNDING AND ORGANIZATION
section 301.--program funding
This section reenacts, with some modifications, provisions
of existing law with respect to the execution of contracts for
the Secretary's acceptance of title and possession,
transportation, interim storage, and disposal of fuel and
waste, in return for payment of specified fees to the
Secretary. It clarifies that, subsequent to enactment of the
Nuclear Waste Policy Act of 1996, the contracts executed under
the NWPA of 1982 shall remain in effect, provided that the
Secretary shall consent to an amendment to such contracts, as
necessary, to implement the provisions of the NWPA of 1996.
Thus, the Committee does not intend by this section to require
the Secretary to execute new contracts with current contract
holders. Rather, the Committee intends that the Secretary will,
and has so directed the Secretary, to consent to an amendment
to the existing contracts as necessary to reflect the
provisions of the bill.
Subsection (a) enacts the current ongoing fee of 1.0 mill
per kilowatt hour generated and sold. Payment of a 1.0 mill per
kilowatt hour fee under the Contracts prior to enactment of
this Act shall fulfill all fee obligations related to fuel used
to generate electricity prior to enactment. It reenacts the
provisions of the NWPA of 1982 regarding the one-time fee for
fuel used to generate electricity prior to April 7, 1983,
clarifies that payment of such fees prior to date of enactment
shall satisfy the one-time fee obligation, and provides that
any future payments of such fees, including any interest due
under the contracts, shall be made to the Nuclear Waste Fund.
Subsection (a)(4) requires Secretary to review the fee
annually to evaluate whether they, together with the existing
balance in the Nuclear Waste Fund, provide sufficient revenues
to offset program costs. In event the Secretary determines that
the fees will provide either insufficient or excessive revenues
to recover program costs, requires the Secretary to propose an
adjustment of the fee to ensure full cost recovery, and to
transmit immediately the proposal for such an adjustment to
both houses of Congress.
Subsection (b) reenacts with minor changes provisions of
NWPA of 1982 that prohibit NRC from issuing or renewing a
license for a utilization or production facility unless such
person has executed a contract with the Secretary or the
Secretary affirms that such person is negotiating such a
contract. Similarly, it reenacts provisions of NWPA of 1982
prohibiting disposal of fuel in the repository unless the
generator or owner has executed a contract with the Secretary.
This subsection provides that the rights and duties of contract
holders are assignable.
Subsection (c) provides for continuation of the Waste Fund
established under the NWPA of 1982, which shall consist of the
existing balance in the Waste Fund on the date of enactment;
and all receipts, proceeds, and recoveries realized due to fee
payments and recoveries realized as a result of the investment
of the balance in the Waste Fund. It reenacts provisions of
NWPA of 1982 that authorize the Secretary of the Treasury to
hold the Waste Fund and invest proceeds. This subsection
authorizes Secretary to make expenditures for the Waste Fund
only for purposes of the Integrated Management System.
section 302.--office of civilian radioactive waste management
This section reenacts provisions of the old law
establishing the OCRWM. It provides that Office shall be headed
by the Director, and specifies appointment procedure and pay
level for Director.
section 303.--federal contribution
This section requires the Secretary, within one year of
enactment, to issue a final rule establishing the appropriate
portion of program costs allocable to the storage and/or
disposal of spent nuclear fuel and/or high-level radioactive
waste from atomic energy defense activities, and spent nuclear
fuel from foreign research reactors. It directs that such costs
include (i) the costs associated with research and development
activities, and (ii) as appropriate, interest on the principal
amounts due by reference to the appropriate Treasury interest
rate as if the payments were made at a point in time consistent
with the payment dates for fuel and waste under the contracts.
Subsection (b) authorizes appropriations from general
revenues to cover the costs, as determined by the Secretary in
the rulemaking proceeding, of storing and/or disposing of waste
and fuel from atomic energy defense activities under the
Integrated Management System and directs the Secretary to
request such appropriations along with the Secretary's requests
for appropriations from the Waste Fund.
Subsection (c) requires the Secretary to advise the
Congress, on an annual basis, of the amount of waste and fuel
from atomic energy defense activities requiring management in
the Integrated Management System.
section 304.--budget priorities
This section specifies that, in preparing annual budget
requests for appropriations for the Integrated Management
System and allocating funds among competing requirements, the
Secretary shall accord priority to the licensing, construction,
and operation of the interim storage facility and the
development of transportation capability, including
transportation planning and the development of intermodal
transfer capability.
This section specifies that, in preparing annual requests
for appropriations from the Nuclear Waste Fund, and allocating
such funds among competing requirements, the NRC shall accord
priority first to the licensing of an interim storage facility
and any associated storage and/or transport systems to be used
in the integrated management system, and second to the
licensing of the repository.
TITLE IV--GENERAL AND MISCELLANEOUS PROVISIONS
section 401.--compliance with other laws
This section states that actions authorized by the NWPA of
1996 shall be governed solely by the Atomic Energy, Energy
Reorganization Act of 1974, Hazardous Materials Transportation
Act, the NWPA of 1996, and regulations issued thereunder. It
provides that such activities shall not be subject to any other
federal, state or local atomic energy, environmental, or land
use requirements.
section 402.--judicial review of agency actions
This section reenacts provisions of existing law regarding
judicial review. In addition, it specifies that any specific
judicial review provisions in the Act take precedence over the
more general judicial review provisions of other laws.
section 403.--licensing of facility expansions and transhipments
This section reenacts provisions in existing law regarding
licensing proceedings for expansion of spent nuclear fuel
storage capacity at the site of power reactors.
section 404.--siting a second repository
This section reenacts provisions in existing law barring
the Secretary from developing a second repository without
further authorization and requiring the Secretary to report on
the need for a second repository between 2007 and 2010.
SECTION 405.--FINANCIAL ARRANGEMENTS FOR LOW-LEVEL RADIOACTIVE WASTE
SITE CLOSURE
This section reenacts provisions in existing law
authorizing the Secretary to assume ownership of low-level
waste sites after their decommissioning.
SECTION 406.--NUCLEAR REGULATORY COMMISSION TRAINING AUTHORITY
This section reenacts provisions in existing law
authorizing NRC to issue regulations on nuclear power plant
operator training.
SECTION 407.--EMPLACEMENT SCHEDULE
This section requires that the emplacement schedule shall
be implemented in accordance with the acceptance priority
ranking determined by the Department's annual ``Acceptance
Priority Ranking'' report. It requires that the Secretary's
spent fuel emplacement rate shall be no less than 1,200 MTU in
1999 and 2000; 2,000 MTU in 2001 and 2002; 2,700 MTU in 1003;
and 3,000 MTU annually thereafter.
In the event the Secretary is unable to begin emplacement
by January 21, 1999 at the rates specified, or if the
cumulative amount accepted in any year thereafter is less than
specified, provides as a mitigation measure that the Secretary
is required to adjust the schedule upward such that within 5
years of the start of emplacement, the total quantity emplaced
is consistent with the total quantity that would have been
accepted if emplacement commenced in 1999 and thereafter the
emplacement rate is equivalent to the rate that would be in
place if the Secretary had commenced acceptance in 1999.
SECTION 408.--EMERGENCY RELIEF
This section specifies circumstances under which a contract
holder qualifies for emergency relief. These circumstances
include situations where the contract holder (i) exhausts
existing on-site storage capacity; (ii) is unable to complete
scheduled decommissioning because spent fuel cannot be removed
from the site; or (iii) the spent fuel is of a nonstandard form
and cannot be accepted at the interim storage facility. The
Secretary is also authorized to determine whether other
situations require emergency relief.
If the Secretary determines that a contract holder
qualifies for emergency relief, authorizes the contract holder
to execute an emergency relief contract with entities qualified
to provide interim storage and conditioning. This section
provides that under any such contract, the qualified entities
would be required to package, ship and receive the contract
holder's spent fuel for interim storage and conditioning, and
return any spent fuel and the equivalent radioactive residues
resulting from conditioning to the Secretary no later than
December 31, 2045.
This section provides that title to all spent fuel and
high-level waste resulting from the treatment of such fuel
pursuant to an emergency relief contract shall transfer to the
Secretary upon the packaging of the fuel by the qualified
entity.
SECTION 409.--TRANSFER OF TITLE
This section provides that acceptance by the Secretary of
any spent fuel or high-level waste shall constitute a transfer
of title to the Secretary. Acceptance is defined as the
Secretary's act of taking possession of the fuel or waste
involved.
SECTION 410.--ENVIRONMENTAL REQUIREMENTS
This section provides that, notwithstanding any other law
or regulations, the obligations of the Secretary and the
Commission pursuant to the National Environmental Policy Act of
1969 in connection with the development and operation of the
Integrated Management System are limited to those set forth
specifically in the NWPA of 1996.
SECTION 411.--DECOMMISSIONING PILOT PROGRAM
This section authorizes the Secretary to establish a
Decommissioning Pilot Program to decommission and decontaminate
the sodium-cooled fast breeder experimental test-site reactor
located in northwest Arkansas. This section precludes the use
of the Nuclear Waste Fund to fund the Decommissioning Pilot
Program.
TITLE V--NUCLEAR WASTE TECHNICAL REVIEW BOARD
This section reenacts provisions in the NWPA of 1982
establishing the Nuclear Waste Technical Review Board.
Cost and Budgetary Considerations
In compliance with paragraph 11(a) of the rule XXVI of the
Standing Rules of the Senate, the following estimate of the
costs of this measure has been provided by the Congressional
Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 28, 1996.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources, U.S. Senate,
Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1271, the Nuclear
Waste Policy Act of 1996.
Enactment of S. 1271 would not affect direct spending or
receipts. Therefore, pay-as-you-go procedures would not apply
to the bill.
If you wish further details on this estimate, we will be
pleased to provide them.
Sincerely,
June E. O'Neill, Director.
Enclosure.
Congressional Budget Office Cost Estimate
1. Bill number: S. 1271.
2. Bill title: Nuclear Waster Policy Act of 1996.
3. Bill status: As ordered reported by the Senate Committee
on Energy and Natural Resources on March 13, 1996.
4. Bill purpose: S. 1271 would amend the Nuclear Waste
Policy Act by directing the Department of Energy (DOE) to begin
storing spent nuclear fuel and high-level nuclear waste at an
interim facility in Nevada, no later than November 30, 1999.
The bill would direct DOE to continue site characterization
activities at the proposed permanent repository site at Yucca
Mountain, also in Nevada. Under the bill, DOE would apply to
the Nuclear Regulatory Commission (NRC) by December 31, 2001,
for authorization to construct a permanent repository, provided
that DOE determines that the Yucca Mountain site can satisfy
the NRC's regulations for the licensing of a permanent nuclear
waste repository.
5. Estimated cost to the Federal Government: Assuming
appropriations of the necessary amounts, the Department of
Energy would incur obligations totaling about $1.3 billion over
the 1997-2000 period for costs of the interim storage facility
to be constructed in Nevada. In addition, the bill would
require DOE to continue site characterization work at the Yucca
Mountain site according to the plan of December 19, 1994, as
modified for enactment of this legislation. Based on
information from DOE and assuming appropriations of the
necessary funds, CBO estimates that the Yucca Mountain work,
including program management costs, would require obligations
of $2.7 billion over the 1997-2000 period. In total, CBO
estimates that the bill would authorize funding of $4 billion,
from 1997 through 2000, as shown in the following table.
----------------------------------------------------------------------------------------------------------------
1996 1997 1998 1999 2000
----------------------------------------------------------------------------------------------------------------
Spending under current law:
Budget authority..................................... 403 ......... ......... ......... .........
Estimated outlays.................................... 413 31 ......... ......... .........
Proposed changes:
Estimated authorization level........................ ......... 910 1,010 1,100 1,000
Estimated outlays.................................... ......... 546 879 1,054 1,031
Spending under S. 1271:
Estimated authorization level........................ 403 910 1,010 1,100 1,000
Estimated outlays.................................... 413 577 879 1,054 1,031
----------------------------------------------------------------------------------------------------------------
The costs of this bill fall within budget functions 270 and
050.
6. Basis of estimate: This estimate is based on DOE's
program plan issued on December 19, 1994, and on preliminary
information from the department concerning the costs of the
interim storage facility described in the bill.
yucca mountain
S. 1271 would direct DOE to proceed with the agency's
Civilian Radioactive Waste Management Program Plan of December
19, 1994. The plan calls for continuing to evaluate the
potential site for waste disposal at Yucca Mountain, applying
for construction authorization from the Nuclear Regulatory
Commission in 2001, and accepting spent nuclear fuel starting
in 2010. Based on information from DOE, we estimate that this
effort would cost about $2.7 billion over the 1997-2000
period--an average of $675 million annually, compared to 1996
spending for the Yucca Mountain project of about $320 million.
Spending after 2000 would continue at a level of about $600
million a year until a decision is made as to whether or not to
construct a permanent repository at Yucca Mountain in 2002.
interim storage facility
The bill would require DOE to design and develop an interim
nuclear waste storage facility accessible by heavy-haul truck
in Nevada. The facility would need to accept 1,200 metric tons
of waste in 1999 and have a total capacity of 120,000 metric
tons. Based on information from DOE, we estimate that securing
property and rights of way, acquiring transportation
infrastructure equipment for the interim repository, completing
the design, constructing the facility, and beginning operation
would cost about $1.3 billion over the 1997-2000 period, based
on information from DOE.
The bill would prohibit DOE from commencing construction of
the interim repository until after October 1, 1998. Starting in
2001, facility expansion and operations would continue at a
cost of about $260 million annually for another six years. The
bill would require the operating license for the first phase of
the interim repository to have a term of 20 years and be
renewable; the second phase of the interim repository would
have a license for 100 years and also be renewable. In 1996,
DOE received an appropriation of $85 million for work on an
interim repository. However, the appropriations bill specified
that these funds would remain unavailable for obligation until
legislation is enacted to authorize the construction of such a
repository.
other provisions
Section 201 would authorize payments to Lincoln County,
Nevada of $2.5 million annually before waste is shipped to the
interim facility and $5 million annually after waste shipments
begin. Section 411 would authorize such sums as are necessary
to establish a decommissioning pilot program to decommission
and decontaminate a sodium-cooled fast breeder experimental
test-site reactor acquired by the University of Arkansas in
1976. Based on information from the university, this activity
could cost $20 million and take about four years to complete.
This estimate assumes that all fuel has been removed from the
facility. Section 509 authorizes appropriation of such sums as
are necessary for the activities of the Nuclear Waste Technical
Review Board. Based on the board's ongoing work, CBO estimates
this agency would spend about $3 million annually over the
1997-2000 period, assuming appropriation of the necessary
amounts.
7. Pay-as-you-go considerations: None.
8. Estimated impact on State, local, and tribal
governments: CBO has not completed its analysis of the
intergovernmental impact of S. 1271. We will provide that
analysis at a later date.
9. Estimated impact on the private sector: This bill would
impose no new federal private sector mandates, as defined in
Public Law 104-4.
10. Previous CBO estimate: None.
11. Estimate prepared by: Kim Cawley.
12. Estimate approved by: Robert A. Sunshine, for Paul N.
Van de Water, Assistant Director for Budget Analysis.
Federal Mandate Evaluation
The Congressional Budget Office Federal mandate evaluation
has been requested but was not received at the time the report
was filed. When the report is available, the Chairman will
request that it be printed in the Congressional Record for the
advice of the Senate.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
implementing S. 1271. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses above those in existing law.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
There are not likely to be significant paperwork
requirements for the Department of Energy above those required
by existing law.
Executive Communications
On December 5, 1995, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
Energy and the Office of Management and Budget setting forth
Executive agency recommendations on S. 1271. The report from
the Department of Energy had not been received at the time the
report on S. 1271 was filed. When the report becomes available,
the Chairman will request that it be printed in the
Congressional Record for the advice of the Senate. The Report
from the Office of Management and Budget is as follows:
Executive Office of the President,
Office of Management and Budget,
Washington, DC, March 1, 1996.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources, U.S. Senate,
Washington, DC.
Dear Mr. Chairman: Thank you for your letter of January
10th to the President outlining your continuing concern about
the direction of the civilian nuclear waste program. He has
asked that I respond on his behalf.
The Administration appreciates and shares the concern that
you and many of your colleagues have expressed about the time
and resources that the government has invested in the search
for a suitable site for a geologic repository for spent nuclear
fuel and high-level nuclear waste. We also appreciate the
concerns that you and others have raised about the costs of
extended storage of spent nuclear fuel at reactor sites from
the nation's commercial nuclear power plants and about the need
for centralized interim storage pending completion of a
permanent facility. We share your desire to resolve this
complex and important issue. At the same time, as the President
has stated, we are committed to doing so in a way that is
objective and fair to both the citizens of Nevada and the rest
of the Nation.
In response to your concerns, both my October 13th letter
to leaders of the Conference Committee on the FY 1996 Energy
and Water Appropriations bill and Secretary O'Leary's testimony
before your committee on December 14th provide the
Administration's views on how the issue should be approached.
We believe that the government's long-standing commitment to
geologic disposal should remain the basic goal of Federal high-
level radioactive waste management policy. Significantly
deferring or abandoning that commitment would jeopardize the
entire waste management program, with potentially adverse
consequences for ratepayers, utilities, the national energy
outlook and defense policy, the cleanup of the Department of
Energy's nuclear weapons complex, and international
nonproliferation and environmental policy. The prospects for
timely development of any necessary interim storage facilities
could be particularly damaged by any potential weakening of our
long-term strategy for disposal. As Idaho Governor Batt
indicated in your December 14th hearing, the willingness of any
State to accept interim storage is likely to be contingent upon
confidence in the availability of a permanent facility.
Furthermore, the technical requirements of any interim facility
also will be significantly affected by the likelihood that the
Yucca Mountain site ultimately will be available as the
permanent repository site.
Accordingly, we strongly oppose designating an interim
storage facility at a specific site at this time. We believe
that any potential siting decision concerning such a facility
ultimately should be based on objective criteria and informed
by the likelihood of success of the Yucca Mountain repository
site. Thus, we feel it is necessary to complete the scientific
and other assessments that are now underway to determine the
viability of the site at Yucca Mountain, Nevada, to serve as
the permanent repository before considering specific options
for an interim storage facility. Our current schedule
anticipates completing the viability assessment in the 1998-
1999 time frame. We hope that the Congress will provide
resources sufficient to keep us on that schedule. Any effort
expended on an interim facility in the meantime should only
focus on non-site-specific design and engineering.
The accelerated progress that the nuclear waste program has
made recently results from planning and management innovations
begun by this Administration. As Secretary O'Leary made clear
in her testimony, we agree with you that the status quo is not
an option. Consistent with the principles outlined here, the
Department is continuing to make strategic adjustments to
maintain and improve performance within anticipated resource
levels.
Thank you for your continuing commitment to a sound nuclear
waste policy. We look forward to continuing to work with you
toward that end in the months and years to come.
Sincerely,
Alice M. Rivlin, Director.
ADDITIONAL VIEWS OF SENATOR JOHNSTON ON S. 1271
I deeply regret not being able to vote to report this bill.
Legislation to address the problems facing the existing nuclear
waste program is urgently needed and long overdue.
Unfortunately, the committee's effort is not well suited to
being enacted.
The President has made it clear that he will veto any
nuclear waste bill that places an interim storage facility at
Yucca Mountain before the Department of Energy has a chance to
determine if the site is suitable for the repository. We may
disagree with that policy, but we imperil the enactment of the
bill if we ignore it.
I yield to no one in my support for interim storage. I
authored and managed the retrievable storage bill that passed
the Senate in 1980. I kept monitored retrievable storage part
of our waste management program when Congress decided to place
primary emphasis on deep geologic disposal in 1982. I kept the
option alive against implacable House opposition in 1987.
I believe there is a clear path around the President's veto
threat that will still lead us, inexorably, to interim storage
at Yucca Mountain. That path is to authorize interim storage at
Yucca Mountain but to withhold construction until October 1,
1998, by which time the Department of Energy is to have decided
whether the site is suitable repository. I offered an amendment
charting that path.
The Committee adopted my amendment, but not before adopting
a second degree amendment that mandates interim storage at
Yucca Mountain even if the site is found unsuitable for the
repository. Thus, while my amendment was adopted, its utility
was undermined and its purpose defeated. In trying to eliminate
every conceivable obstacle to its goal, the majority has
endangered the ultimate enactment of its bill.
Edmund Burke tells us that ``prudence (in all things a
virtue, in politics the first of virtues) [should] lead us to
acquiesce in some qualified plan that does not come up to the
full perfection of the abstract idea, than to push for the more
perfect, which cannot be attained. * * *'' Unfortunately, the
majority declined the counsel of prudence. I fear it has made a
difficult job that much harder.
J. Bennett Johnston.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 1271, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
NUCLEAR WASTE POLICY ACT OF 1982
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[short title and table of contents
[Section 1. This Act may be cited as the ``Nuclear Waste
Policy Act of 1982''.
[TABLE OF CONTENTS
[Sec. 1. Short title and table of contents.
[Sec. 2. Definitions.
[Sec. 3. Separability.
[Sec. 4. Territories and possessions.
[Sec. 5. Ocean disposal.
[Sec. 6. Limitation on spending authority.
[Sec. 7. Protection of classified national security information.
[Sec. 8. Applicability.
[Sec. 9. Applicability.
[TITLE I--DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE, SPENT
NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE WASTE
[Sec. 101. State and affected Indian tribe participation in development
of proposed repositories for defense waste.
[Subtitle A--Repositories for Disposal of High-Level Radioactive Waste
and Spent Nuclear Fuel
[Sec. 111. Findings and purposes.
[Sec. 112. Recommendation of candidate sites for site characterization.
[Sec. 113. Site characterization.
[Sec. 114. Site approval and construction authorization.
[Sec. 115. Review of repository site selection.
[Sec. 116. Participation of States.
[Sec. 117. Consultation with States and Indian tribes.
[Sec. 118. Participation of Indian tribes.
[Sec. 119. Judicial review of agency actions.
[Sec. 120. Expedited authorizations.
[Sec. 121. Certain standards and criteria.
[Sec. 122. Disposal of spent nuclear fuel.
[Sec. 123. Title to material.
[Sec. 124. Consideration of effect of acquisition of water rights.
[Sec. 125. Termination of certain provisions.
[Subtitle B--Interim Storage Program
[Sec. 131. Findings and purposes.
[Sec. 132. Available capacity for interim storage of spent nuclear fuel.
[Sec. 133. Interim at-reactor storage.
[Sec. 134. Licensing of facility expansions and transshipments.
[Sec. 135. Storage of spent nuclear fuel.
[Sec. 136. Interim Storage Fund.
[Sec. 137. Transportation.
[Subtitle C--Monitored Retrievable Storage
[Sec. 141. Monitored retrievable storage.
[Sec. 142. Authorization of monitored retrievable storage.
[Sec. 143. Monitored Retrievable Storage Commission.
[Sec. 144. Survey.
[Sec. 145. Site selection.
[Sec. 146. Notice of disapproval.
[Sec. 147. Benefits agreement.
[Sec. 148. Construction authorization.
[Sec. 159. Financial assistance.
[Subtitle D--Low-Level Radioactive Waste
[Sec. 151. Financial arrangements for site closure.
[Subtitle E--Redirection of the Nuclear Waste Program
[Sec. 160. Selection of Yucca Mountain site.
[Sec. 161. Siting a second repository.
[Subtitle F--Benefits
[Sec. 170. Benefits agreements.
[Sec. 171. Content of agreements.
[Sec. 172. Review panel.
[Sec. 173. Termination.
[Subtitle G--Other Benefits
[Sec. 174. Consideration in siting facilities.
[Sec. 175. Report.
[Subtitle H--Transportation
[Sec. 180. Transportation.
[TITLE II--RESEARCH, DEVELOPMENT, AND DEMONSTRATION REGARDING DISPOSAL
OF HIGH-LEVEL RADIOACTIVE WASTE AND SPENT NUCLEAR FUEL
[Sec. 211. Purpose.
[Sec. 212. Applicability.
[Sec. 213. Identification of sites.
[Sec. 214. Siting research and related activities.
[Sec. 215. Test and evaluation facility siting review and reports.
[Sec. 216. Federal agency actions.
[Sec. 217. Research and development on disposal of high-level
radioactive waste.
[Sec. 218. Research and development on spent nuclear fuel.
[Sec. 219. Payments to States and affected Indian tribes.
[Sec. 220. Study of research and development needs for monitored
retrievable storage proposal.
[Sec. 221. Judicial review.
[Sec. 222. Research on alternatives for the permanent disposal of high-
level radioactive waste.
[Sec. 223. Technical assistance to non-nuclear weapon states in the
field of spent fuel storage and disposal.
[Sec. 224. Subseabed disposal.
[TITLE III--OTHER PROVISIONS RELATING TO RADIOACTIVE WASTE
[Sec. 301. Mission plan.
[Sec. 302. Nuclear Waste Fund.
[Sec. 303. Alternate means of financing.
[Sec. 304. Office of Civilian Radioactive Waste Management.
[Sec. 305. Location of test and evaluation facility.
[Sec. 306. Nuclear Regulatory Commission training authorization.
[TITLE IV--NUCLEAR WASTE NEGOTIATOR
[Sec. 401. Definition.
[Sec. 402. The Office of Nuclear Waste Negotiator.
[Sec. 403. Duties of the Negotiator.
[Sec. 404. Environmental assessment of sites.
[Sec. 405. Site characterization; licensing.
[Sec. 406. Monitored retrievable storage.
[Sec. 407. Environmental impact statement.
[Sec. 408. Administrative powers of the Negotiator.
[Sec. 409. Cooperation of other departments and agencies.
[Sec. 410. Termination of the office.
[Sec. 411. Authorization of appropriations.
[TITLE V--NUCLEAR WASTE TECHNICAL REVIEW BOARD
[Sec. 501. Definitions.
[Sec. 502. Nuclear Waste Technical Review Board.
[Sec. 503. Functions.
[Sec. 504. Investigatory powers.
[Sec. 505. Compensatory of members.
[Sec. 506. Staff.
[Sec. 507. Support services.
[Sec. 508. Report.
[Sec. 509. Authorization of appropriations.
[Sec. 510. Termination of the Board.
[definitions
[Sec. 2. For purposes of this Act:
[(1) The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
[(2) The term ``affected Indian tribe'' means any
Indian tribe--
[(A) within whose reservation boundaries a
monitored retrievable storage facility, test
and evaluation facility, or a repository for
high-level radioactive waste or spent fuel is
proposed to be located;
[(B) whose federally defined possessory or
usage rights to other lands outside of the
reservation's boundaries arising out of
congressionally ratified treaties may be
substantially and adversely affected by the
locating of such a facility: Provided, That the
Secretary of the Interior finds, upon the
petition of the appropriate governmental
officials of the tribe, that such effects are
both substantial and adverse to the tribe;
[(3) The term ``atomic energy defense activity''
means any activity of the Secretary performed in whole
or in part in carrying out any of the following
functions:
[(A) naval reactors development;
[(B) weapons activities including defense
inertial confinement fusion;
[(C) verification and control technology;
[(D) defense nuclear materials production;
[(E) defense nuclear waste and materials by-
products management;
[(F) defense nuclear materials security and
safeguards and security investigations; and
[(G) defense research and development.
[(4) The term ``candidate site'' means an area,
within a geologic and hydrologic system, that is
recommended by the Secretary under section 112 for site
characterization, approved by the President under
section 112 for site characterization, or undergoing
site characterization under section 113.
[(5) The term ``civilian nuclear activity'' means any
atomic energy activity other than an atomic energy
defense activity.
[(6) The term ``civilian nuclear power reactor''
means a civilian nuclear powerplant required to be
licensed under section 103 or 104 b. of the Atomic
Energy Act of 1954 (42 U.S.C. 2133, 2134(b)).
[(7) The term ``Commission'' means the Nuclear
Regulatory Commission.
[(8) The term ``Department'' means the Department of
Energy.
[(9) The term ``disposal'' means the emplacement in a
repository of high-level radioactive waste, spent
nuclear fuel, or other highly radioactive material with
no foreseeable intent of recovery, whether or not such
emplacement permits the recovery of such waste.
[(10) The terms ``disposal package'' and ``package''
mean the primary container that holds, and is in
contact with, solidified high-level radioactive waste,
spent nuclear fuel, or other radioactive materials, and
any overpacks that are emplaced at a repository.
[(11) The term ``engineered barriers'' means manmade
components of a disposal system designed to prevent the
resale of radionuclides into the geologic medium
involved. Such term includes the high-level radioactive
waste form, high-level radioactive waste canisters, and
other materials placed over and around such canisters.
[(12) The term ``high-level radioactive waste''
means--
[(A) the highly radioactive material
resulting from the reprocessing of spent
nuclear fuel, including liquid waste produced
directly in reprocessing and any solid material
derived from such liquid waste that contains
fission products in sufficient concentrations;
and
[(B) other highly radioactive material that
the Commission, consistent with existing law,
determines by rule requires permanent
isolation.
[(13) The term ``Federal agency'' means any Executive
agency, as defined in section 105 of title 5, United
States Code.
[(14) The term ``Governor'' means the chief executive
officer of a State.
[(15) The term ``Indian tribe'' means any Indian
tribe, band, nation, or other organized group or
community of Indians recognized as eligible for the
services provided to Indians by the Secretary of the
Interior because of their status as Indians, including
any Alaska Native village, as defined in section 3(c)
of the Alaska Native Claims Settlement Act (43 U.S.C.
1602(c)).
[(16) The term ``low-level radioactive waste'' means
radioactive material that--
[(A) is not high-level radioactive waste,
spent nuclear fuel, transuranic waste, or by-
product material as defined in section 11e(2)
of the Atomic Energy Act of 1954 (42 U.S.C.
2014(e)(2)); and
[(B) the Commission, consistent with existing
law, classifies as low-level radioactive waste.
[(17) The term ``Office'' means the Office of
Civilian Radioactive Waste Management established in
section 305.
[(18) The term ``repository'' means any system
licensed by the Commission that is intended to be used
for, or may be used for, the permanent deep geologic
disposal of high-level radioactive waste and spent
nuclear fuel, whether or not such system is designed to
permit the recovery, for a limited period during
initial operation, of any materials placed in such
system. Such term includes both surface and subsurface
areas at which high-level radioactive waste and spent
nuclear fuel handling activities are conducted.
[(19) The term ``reservation'' means--
[(A) any Indian reservation or dependent
Indian community referred to in clause (a) or
(b) of section 1151 of title 18, United States
Code; or
[(B) any land selected by an Alaska Native
village or regional corporation under the
provisions of the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.).
[(20) The term ``Secretary'' means the Secretary of
Energy.
[(21) The term ``site characterization'' means--
[(A) siting research activities with respect
to a test and evaluation facility at a
candidate site; and
[(B) activities, whether in the laboratory or
in the field, undertaken to establish the
geologic condition and the ranges of the
parameters of a candidate site relevant to the
location of a repository, including borings,
surface excavations, excavations of exploratory
shafts, limited subsurface lateral excavations
and borings, and in situ testing needed to
evaluate the suitability of a candidate site
for the location of a repository, but not
including preliminary borings and geophysical
testing needed to assess whether site
characterization should be undertaken.
[(22) The term ``siting research'' means activities,
including borings, surface excavations, and in situ
testing, to determine the suitability of a site for a
test and evaluation facility.
[(23) The term ``spent nuclear fuel'' means fuel that
has been withdrawn from a nuclear reactor following
irradiation, the constituent elements of which have not
been separated by reprocessing.
[(24) The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa,
the Northern Mariana Islands, the Trust Territory of
the Pacific Islands, and any other territory or
possession of the United States.
[(25) The term ``storage'' means retention of high-
level radioactive waste, spent nuclear fuel, or
transuranic waste with the intent to recover such waste
or fuel for subsequent use, processing, or disposal.
[(26) The term ``Storage Fund'' means the Interim
Storage Fund established in section 137(c).
[(27) The term ``test and evaluation facility'' means
an at-depth, prototypic, underground cavity with
subsurface lateral excavations extending from a central
shaft that is used for research and development
purposes, including the development of data and
experience for the safe handling and disposal of
solidified high-level radioactive waste, transuranic
waste, or spent nuclear fuel.
[(28) The term ``unit of general local government''
means any borough, city, county, parish, town,
township, village, or other general purpose political
subdivision of a State.
[(29) The term ``Waste Fund'' means the Nuclear Waste
Fund established in section 302(c).
[(30) The term ``Yucca Mountain site'' means the
candidate site in the State of Nevada recommended by
the Secretary to the President under section
112(b)(1)(B) on May 27, 1986.
[(31) The term ``affected unit of local government''
means the unit of local government with jurisdiction
over the site of a repository or a monitored
retrievable storage facility. Such term may, at the
discretion of the Secretary, include units of local
government that are contiguous with such unit.
[(32) The term ``Negotiator'' means the Nuclear Waste
Negotiator.
[(33) As used in title IV, the term ``Office'' means
the Office of the Nuclear Waste Negotiator established
under title IV of this Act.
[(34) The term ``monitored retrievable storage
facility'' means the storage facility described in
section 141(b)(1).
[separability
[Sec. 3. If any provision of this Act, or the application
of such provision to any person or circumstance, is held
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.
[territories and possessions
[Sec. 4. Nothing in this Act shall be deemed to repeal,
modify, or amend the provisions of section 605 of the Act of
March 12, 1980 (48 U.S.C. 1491).
[ocean disposal
[Sec. 5. Nothing in this Act shall be deemed to affect the
Marine Protection, Research, and Sanctuaries Act of 1972 (33
U.S.C. 1401 et seq.).
[limitation on spending authority
[Sec. 6. The authority under this Act to incur
indebtedness, or enter into contracts, obligating amounts to be
expended by the Federal Government shall be effective for any
fiscal year only to such extent or in such amounts as are
provided in advance by appropriation Acts.
[protection of classified national security information
[Sec. 7. Nothing in this Act shall require the release or
disclosure to any person or to the Commission of any classified
national security information.
[applicability
[Sec. 8. (a) Atomic Energy Defense Activities.--Subject to
the provisions of subsection (c), the provisions of this Act
shall not apply with respect to any atomic energy defense
activity or to any facility used in connection with any such
activity.
[(b) Evaluation by President.--(1) Not later than 2 years
after the date of the enactment of this Act, the President
shall evaluate the use of disposal capacity at one or more
repositories to be developed under subtitle A of title I for
the disposal of high-level radioactive waste resulting from
atomic energy defense activities. Such evaluation shall take
into consideration factors relating to cost efficiency, health
and safety, regulation, transportation, public acceptability,
and national security.
[(2) Unless the President finds, after conducting the
evaluation required in paragraph (1), that the development of a
repository for the disposal of high-level radioactive waste
resulting from atomic energy defense activities only is
required, taking into account all of the factors described in
such subsection, the Secretary shall proceed promptly with
arrangement for the use of one or more of the repositories to
be developed under subtitle A of title I of the disposal of
such waste. Such arrangements shall include the allocation of
costs of developing, constructing, and operating this
repository or repositories. The costs resulting from permanent
disposal of high-level radioactive waste from atomic energy
defense activities shall be paid by the Federal Government,
into the special account established under section 302.
[(3) Any repository for the disposal of high-level
radioactive waste resulting from atomic energy defense
activities only shall (A) be subject to licensing under section
202 of the Energy Reorganization Act of 1973 (42 U.S.C. 5842);
and (B) comply with all requirements of the Commission for the
siting, development, construction, and operation of a
repository.
[(c) Applicability to Certain Repositories.--The provisions
of this Act shall apply with respect to any repository not used
exclusively for the disposal of high-level radioactive waste or
spent nuclear fuel resulting from atomic energy defense
activities, research and development activities of the
Secretary, or both.
[applicability
[Sec. 9. Transportation.--Nothing in this Act shall be
construed to affect Federal, State, or local laws pertaining to
the transportation of spent nuclear fuel or high-level
radioactive waste.
[TITLE I--DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE, SPENT
NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE WASTE
[state and affected Indian tribe participation in development of
proposed repositories for defense waste
[Sec. 101. (a) Notification to States and Affected Indian
Tribes.--Notwithstanding the provisions of section 8, upon any
decision by the Secretary or the President to develop a
repository for the disposal of high-level radioactive waste or
spent nuclear fuel resulting exclusively from atomic energy
defense activities, research and development activities of the
Secretary, or both, and before proceeding with any site-
specific investigations with respect to such repository, the
Secretary shall notify the Governor and legislature of the
State in which such repository is proposed to be located, or
the governing body of the affected Indian tribe on whose
reservation such repository is proposed to be located, as the
case may be, of such decision.
[(b) Participation of States and Affected Indian Tribes.--
Following the receipt of any notification under subsection (a),
the State or Indian tribe involved shall be entitled, with
respect to the proposed repository involved, to rights of
participation and consultation identical to those provided in
sections 115 through 118, except that any financial assistance
authorized to be provided to such State or affected Indian
tribe under section 116(c) or 118(b) shall be made from amounts
appropriated to the Secretary for purposes of carrying out this
section.
[Subtitle A--Repositories for Disposal of High-Level Radioactive Waste
and Spent Nuclear Fuel
[findings and purposes
[Sec. 111. (a) Findings.--The Congress finds that--
[(1) radioactive waste creates potential risks and
requires safe and environmentally acceptable methods of
disposal;
[(2) a national problem has been created by the
accumulation of (A) spent nuclear fuel from nuclear
reactors; and (B) radioactive waste from (i)
reprocessing of spent nuclear fuel; (ii) activities
related to medical research, diagnosis, and treatment;
and (iii) other sources;
[(3) Federal efforts during the past 30 years to
devise a permanent solution to the problems of civilian
radioactive waste disposal have not been adequate;
[(4) while the Federal Government has the
responsibility to provide for the permanent disposal of
high-level radioactive waste and such spent nuclear
fuel as may be disposed of in order to protect the
public health and safety and the environment, the costs
of such disposal should be the responsibility of the
generators and owners of such waste and spent fuel;
[(5) the generators and owners of high-level
radioactive waste and spent nuclear fuel have the
primary responsibility to provide for, and the
responsibility to pay the costs of, the interim storage
of such waste and spent fuel until such waste and spent
fuel is accepted by the Secretary of Energy in
accordance with the provisions of this Act;
[(6) State and public participation in the planning
and development of repositories is essential in order
to promote public confidence in the safety of disposal
of such waste and spent fuel; and
[(7) high-level radioactive waste and spent nuclear
fuel have become major subjects of public concern, and
appropriate precautions must be taken to ensure that
such waste and spent fuel do not adversely affect the
public health and safety and the environment for this
or future generations.
[(b) Purposes.--The purposes of this subtitle are--
[(1) to establish a schedule for the siting,
construction, and operation of repositories that will
provide a reasonable assurance that the public and the
environment will be adequately protected from the
hazards posed by high-level radioactive waste and such
spent nuclear fuel as may be disposed of in a
repository;
[(2) to establish the Federal responsibility, and a
definite Federal policy, for the disposal of such waste
and spent fuel;
[(3) to define the relationship between the Federal
Government and the State governments with respect to
the disposal of such waste and spent fuel; and
[(4) to establish a Nuclear Waste Fund, composed of
payments made by the generators and owners of such
waste and spent fuel, that will ensure that the costs
of carrying out activities relating to the disposal of
such waste and spent fuel will be borne by the persons
responsible for generating such waste and spent fuel.
[recommendation of candidate sites for site characterization
[Sec. 112. (a) Guidelines.--Not later than 180 days after
the date of the enactment of this Act, the Secretary, following
consultation with the Council on Environmental Quality, the
Administrator of the Environmental Protection Agency, the
Director of the Geological Survey, and interested Governors,
and the concurrence of the Commission shall issue general
guidances for the recommendation of sites for repositories.
Such guidelines shall specify detailed geologic considerations
that shall be primary criteria for the selection of sites in
various geologic media. Such guidelines shall specify factors
that qualify or disqualify any site from development as a
repository, including factors pertaining to the location of
valuable natural resources, hydrology, geophysics, seismic
activity, and atomic energy defense activities, proximity to
water supplies, proximity to populations, the effect upon the
rights of users of water, and proximity to components of the
National Park System, the National Wildlife Refuge System, the
National Wild and Scenic Rivers System, the National Wilderness
Preservation System, or National Forest Lands. Such guidelines
shall take into consideration the proximity to sites where
high-level radioactive waste and spent nuclear fuel is
generated or temporarily stored and the transportation and
safety factors involved in moving such waste to a repository.
Such guidelines shall specify population factors that will
disqualify any site from development as a repository if any
surface facility of such repository would be located (1) in a
highly populated area; or (2) adjacent to an area 1 mile by 1
mile having a population of not less than 1,000 individuals.
Such guidelines also shall require the Secretary to consider
the cost and impact of transporting to the repository site the
solidified high-level radioactive waste and spent fuel to be
disposed of in the repository and the advantages of regional
distribution in the siting of repositories. Such guidelines
shall require the Secretary to consider the various geologic
media in which sites for repositories may be located and, to
the extent practicable, to recommend sites in different
geologic media. The Secretary shall use guidelines established
under this subsection in considering candidate sites for
recommendation under subsection (b). The Secretary may revise
such guidelines from time to time, consistent with the
provisions of this subsection.
[(b) Recommendation by Secretary to the President.--(1)(A)
Following the issuance of guidelines under subsection (a) and
consultation with the Governors of affected States, the
Secretary shall nominate at least 5 sites that he determines
suitable for site characterization for selection of the first
repository site.
[(B) Subsequent to such nomination, the Secretary shall
recommend to the President 3 of the nominated sites not later
than January 1, 1985 for characterization as candidate sites.
[(C) Such recommendations under subparagraph (B) shall be
consistent with the provisions of section 305.
[(D) Each nomination of a site under this subsection shall
be accompanied by an environmental assessment, which shall
include a detailed statement of the basis for such
recommendation and of the probable impacts of the site
characterization activities planned for such site, and a
discussion of alternative activities relating to site
characterization that may be undertaken to avoid such impacts.
Such environmental assessment shall include--
[(i) an evaluation by the Secretary as to whether
such site is suitable for site characterization under
the guidelines established under subsection (a);
[(ii) an evaluation by the Secretary as to whether
such site is suitable for development as a repository
under each such guideline that does not require site
characterization as a prerequisite for application of
such guideline;
[(iii) an evaluation by the Secretary of the effects
of the site characterization activities at such site on
the public health and safety and the environment;
[(iv) a reasonable comparative evaluation by the
Secretary of such site with other sites and locations
that have been considered;
[(v) a description of the decision process by which
such site was recommended; and
[(vi) an assessment of the regional and local impacts
of locating the proposed repository at such site.
[(E)(i) The issuance of any environmental assessment under
this paragraph shall be considered to be a final agency action
subject to judicial review in accordance with the provisions of
chapter 7 of title 5, United States Code, and section 119. Such
judicial review shall be limited to the sufficiency of such
environmental assessment with respect to the items described in
clauses (i) through (vi) of subparagraph (E).
[(F) Each environmental assessment prepared under this
paragraph shall be made available to the public.
[(G) Before nominating a site, the Secretary shall notify
the Governor and legislature of the State in which such site is
located, or the governing body of the affected Indian tribe
where such site is located, as the case may be, of such
nomination and the basis for such nomination.
[(2) Before nominating any site the Secretary shall hold
public hearings in the vicinity of such site to inform the
residents of the area in which such site is located of the
proposed nomination of such site and to receive their comments.
At such hearings, the Secretary shall also solicit and receive
any recommendations of such residents with respect to issues
that should be addressed in the environmental assessment
described in paragraph (1) and the site characterization plan
described in section 113(b)(1).
[(3) In evaluating the sites nominated under this section
prior to any decision to recommend a site as a candidate site,
the Secretary shall use available geophysical, geologic,
geochemical and hydrologic, and other information and shall not
conduct any preliminary borings or excavations at a site unless
(i) such preliminary boring or excavation activities were in
progress upon the date of enactment of this Act or (ii) the
Secretary certifies that such available information from other
sources, in the absence of preliminary borings or excavations,
will not be adequate to satisfy applicable requirements of this
Act or any other law: Provided, That preliminary borings or
excavations under this section shall not exceed a diameter of 6
inches.
[(c) Presidential Review of Recommended Candidate Sites.--
(1) The President shall review each candidate site
recommendation made by the Secretary under subsection (b). Not
later than 60 days after the submission by the Secretary of a
recommendation of a candidate site, the President, in his
discretion, may either approve or disapprove such candidate
site, and shall transmit any such decision to the Secretary and
to either the Governor and legislature of the State in which
such candidate site is located, or the governing body of the
affected Indian tribute where such candidate site is located,
as the case may be. If, during such 60-day period, the
President fails to approve or disapprove such candidate site,
or fails to invoke his authority under paragraph (2) to delay
his decision, such candidate site shall be considered to be
approved, and the Secretary shall notify such Governor and
legislature, or governing body of the affected Indian tribe, of
the approval of such candidate site by reason of the inaction
of the President.
[(2) The President may delay for not more than 6 months his
decision under paragraph (1) to approve or disapprove a
candidate site, upon determining that the information provided
with the recommendation of the Secretary is insufficient to
permit a decision within the 60-day period referred to in
paragraph (1). The President may invoke his authority under
this paragraph by submitting written notice to the Congress,
within such 60-day period, of his intent to invoke such
authority. If the President invokes such authority, but fails
to approve or disapprove the candidate site involved by the end
of such 6-month period, such candidate site shall be considered
to be approved, and the Secretary shall notify such Governor
and legislature, or governing body of the affected Indian
tribe, of the approval of such candidate site by reason of the
inaction of the President.
[(d) Preliminary Activities.--Except as otherwise provided
in this section, each activity of the President or the
Secretary under this section shall be considered to be a
preliminary decisionmaking activity. No such activity shall
require the preparation of an environmental impact statement
under section 102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(C)), or to require any
environmental review under subparagraph (E) or (F) of section
102(2) of such Act.
[site characterization
[Sec. 113. (a) In General.--The Secretary shall carry out,
in accordance with the provisions of this section, appropriate
site characterization activities at the Yucca Mountain site.
The Secretary shall consider fully the comments received under
subsection (b)(2) and section 112(b)(2) and shall, to the
maximum extent practicable and in consultation with the
Governor of the State of Nevada, conduct site characterization
activities in a manner that minimizes any significant adverse
environmental impacts identified in such comments or in the
environmental assessment submitted under subsection (b)(1).
[(b) Commission and States.--(1) Before proceeding to sink
shafts at the Yucca Mountain site, the Secretary shall submit
for such candidate site to the Commission and to the Governor
or legislature of the State of Nevada, for their review and
comment--
[(A) a general plan for site characterization
activities to be conducted at such candidate site,
which plan shall include--
[(i) a description of such candidate site;
[(ii) a description of such site
characterization activities, including the
following: the extent of planned excavations,
plans for any onsite testing with radioactive
or nonradioactive material, plans for any
investigation activities that may affect the
capability of such candidate site to isolate
high-level radioactive waste and spent nuclear
fuel, and plans to control any adverse, safety-
related impacts from such site characterization
activities;
[(iii) plans for the decontamination and
decommissioning of such candidate site, and for
the mitigation of any significant adverse
environmental impacts caused by site
characterization activities if it is determined
unsuitable for application for a construction
authorization for a repository;
[(iv) criteria to be used to determine the
suitability of such candidate site for the
location of a repository, developed pursuant to
section 112(a); and
[(v) any other information required by the
Commission;
[(B) a description of the possible form or packaging
for the high-level radioactive waste and spent nuclear
fuel to be emplaced in such repository, a description,
to the extent practicable, of the relationship between
such waste form or packaging and the geologic medium of
such site, and a description of the activities being
conducted by the Secretary with respect to such
possible waste form or packaging or such relationship;
and
[(C) a conceptual repository design that takes into
account likely site-specific requirements.
[(2) Before proceeding to sink shafts at the Yucca Mountain
site, the Secretary shall (A) make available to the public the
site characterization plan described in paragraph (1); and (B)
hold public hearings in the vicinity of such candidate site to
inform the residents of the area in which such candidate site
is located of such plan, and to receive their comments.
[(3) During the conduct of site characterization activities
at the Yucca Mountain site, the Secretary shall report not less
than once every 6 months to the Commission and to the Governor
and legislature of the State of Nevada, on the nature and
extent of such activities and the information from such
activities.
[(c) Restrictions.--(1) The Secretary may conduct at the
Yucca Mountain site only such site characterization activities
as the Secretary considers necessary to provide the data
required for evaluation of the suitability of such site for an
application to be submitted to the Commission for a
construction authorization for a repository at such site, and
for compliance with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
[(2) In conducting site characterization activities--
[(A) the Secretary may not use any radioactive
material at a site unless the Commission concurs that
such use is necessary to provide data for the
preparation of the required environmental reports and
an application for a construction authorization for a
repository at such site; and
[(B) if any radioactive material is used at a site--
[(i) the Secretary shall use the minimum
quantity necessary to determine the suitability
of such site for a repository, but in no event
more than the curie equivalent of 10 metric
tons of spent nuclear fuel; and
[(ii) such radioactive material shall be
fully retrievable.
[(3) If the Secretary at any time determines the Yucca
Mountain site to be unsuitable for development as a repository,
the Secretary shall--
[(A) terminate all site characterization activities
at such site;
[(B) notify the Congress, the Governor and
legislature of Nevada of such termination and the
reasons for such termination;
[(C) remove any high-level radioactive waste, spent
nuclear fuel, or other radioactive materials at or in
such site as promptly as practicable;
[(D) take reasonable and necessary steps to reclaim
the site and to mitigate any significant adverse
environmental impacts caused by site characterization
activities at such site;
[(E) suspend all future benefits payments under
subtitle F with respect to such site; and
[(F) report to Congress not later than 6 months after
such determination the Secretary's recommendations for
further action to assure the safe, permanent disposal
of spent nuclear fuel and high-level radioactive waste,
including the need for new legislative authority.
[(d) Preliminary Activities.--Each activity of the
Secretary under this section that is in compliance with the
provisions of subsection (c) shall be considered a preliminary
decisionmaking activity. No such activity shall require the
preparation of an environmental impact statement under section
102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)), or to require any environmental review
under subparagraph (E) or (F) of section 102(2) of such Act.
[site approval and construction authorization
[Sec. 114. (a) Hearings and Presidential Recommendation.--
(1) The Secretary shall hold public hearings in the vicinity of
the Yucca Mountain site, for the purposes of informing the
residents of the area of such consideration and receiving their
comments regarding the possible recommendation of such site.
If, upon completion of such hearings and completion of site
characterization activities at the Yucca Mountain site, under
section 113, the Secretary decides to recommend approval of
such site to the President, the Secretary shall notify the
Governor and legislature of the State of Nevada, of such
decision. No sooner than the expiration of the 30-day period
following such notification, the Secretary shall submit to the
President a recommendation that the President approve such site
for the development of a repository. Any such recommendation by
the Secretary shall be based on the record of information
developed by the Secretary under section 113 and this section,
including the information described in subparagraph (A) through
subparagraph (G). Together with any recommendation of a site
under this paragraph, the Secretary shall make available to the
public, and submit to the President, a comprehensive statement
of the basis of such recommendation, including the following:
[(A) a description of the proposed repository,
including preliminary engineering specifications for
the facility;
[(B) a description of the waste form or packaging
proposed for use at such repository, and an explanation
of the relationship between such waste form or
packaging and the geologic medium of such site;
[(C) a discussion of data, obtained in site
characterization activities, relating to the safety of
such site;
[(D) a final environmental impact statement prepared
for the Yucca Mountain site pursuant to subsection (f)
and the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), together with comments made
concerning such environmental impact statement by the
Secretary of the Interior, the Council on Environmental
Quality, the Administrator, and the Commission, except
that the Secretary shall not be required in any such
environmental impact statement to consider the need for
a repository, the alternatives to geological disposal,
or alternative sites to the Yucca Mountain site;
[(E) preliminary comments of the Commission
concerning the extent to which the at-depth site
characterization analysis and the waste form proposal
for such site seem to be sufficient for inclusion in
any application to be submitted by the Secretary for
licensing of such site as a repository;
[(F) the views and comments of the Governor and
legislature of any State, or the governing body of any
affected Indian tribe, as determined by the Secretary,
together with the response of the Secretary to such
views;
[(G) such other information as the Secretary
considers appropriate; and
[(H) any impact report submitted under section
116(c)(2)(B) by the State of Nevada.
[(2)(A) If, after recommendation by the Secretary, the
President considers the Yucca Mountain site qualified for
application for a construction authorization for a repository,
the President shall submit a recommendation of such site to
Congress.
[(B) The President shall submit with such recommendation a
copy of the statement of such site prepared by the Secretary
under paragraph (1).
[(3)(A) The President may not recommend the approval of the
Yucca Mountain site unless the Secretary has recommended to the
President under paragraph (1) approval of such site and has
submitted to the President a statement for such site as
required under such paragraph.
[(B) No recommendation of a site by the President under
this subsection shall require the preparation of an
environmental impact statement under section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C), or to require any environmental review under
subparagraph (E) or (F) of section 102(2) of such Act.
[(b) Submission of Application.--If the President
recommends to the Congress the Yucca Mountain site under
subsection (a) and the site designation is permitted to take
effect under section 115, the Secretary shall submit to the
Commission an application for a construction authorization for
a repository at such site not later than 90 days after the date
on which the recommendation of the site designation is
effective under such section and shall provide to the Governor
and legislature of the State of Nevada a copy of such
application.
[(c) Status Report on Application.--Not later than 1 year
after the date on which an application for a construction
authorization is submitted under subsection (b), and annually
thereafter until the date on which such authorization is
granted, the Commission shall submit a report to the Congress
describing the proceedings undertaken through the date of such
report with regard to such application, including a description
of--
[(1) any major unresolved safety issues, and the
explanation of the Secretary with respect to design and
operation plans for resolving such issues;
[(2) any matters of contention regarding such
application; and
[(3) any Commission actions regarding the granting or
denial of such authorization.
[(d) Commisson Action.--The Commission shall consider an
application for a construction authorization for all or part of
a repository in accordance with the laws applicable to such
applications, except that the Commission shall issue a final
decision approving or disapproving the issuance of a
construction authorization not later than the expiration of 3
years after the date of the submission of such application,
except that the Commission may extend such deadline by not more
than 12 months if, not less than 30 days before such deadline,
the Commission complies with the reporting requirements
established in subsection (e)(2). The Commission decision
approving the first such application shall prohibit the
emplacement in the first repository of a quantity of spent fuel
containing in excess of 70,000 metric tons of heavy metal or a
quantity of solidified high-level radioactive waste resulting
from the reprocessing of such a quantity of spent fuel until
such time as a second repository is in operation. In the event
that a monitored retrievable storage facility, approved
pursuant to subtitle C of this Act, shall be located, or is
planned to be located, within 50 miles of the first repository,
then the Commission decision approving the first such
application shall prohibit the emplacement of a quantity of
spent fuel containing in excess of 70,000 metric tons of heavy
metal or a quantity of solidified high-level radioactive waste
resulting from the reprocessing of spent fuel in both the
repository and monitored retrievable storage facility until
such time as a second repository is in operation.
[(e) Project Decision Schedule.--(1) The Secretary shall
prepare and update, as appropriate, in cooperation with all
affected Federal agencies, a project decision schedule that
portrays the optimum way to attain the operation of the
repository, within the time periods specified in this subtitle.
Such schedule shall include a description of objectives and a
sequence of deadlines for all Federal agencies required to take
action, including an identification of the activities in which
a delay in the start, or completion, of such activities will
cause a delay in beginning repository operation.
[(2) Any Federal agency that determines that it cannot
comply with any deadline in the project decision schedule, or
fails to so comply, shall submit to the Secretary and to the
Congress a written report explaining the reason for its failure
or expected failure to meet such deadline, the reason why such
agency could not reach an agreement with the Secretary, the
estimated time for completion of the activity or activities
involved, the associated effect on its other deadlines in the
project decision schedule, and any recommendations it may have
or actions it intends to take regarding any improvements in its
operation or organization, or changes to its statutory
directives or authority, so that it will be able to mitigate
the delay involved. The Secretary, within 30 days after
receiving any such report, shall file with the Congress his
response to such report, including the reasons why the
Secretary could not amend the project decision schedule to
accommodate the Federal agency involved.
[(f) Environmental Impact Statement.--(1) Any
recommendation made by the Secretary under this section shall
be considered a major Federal action significantly affecting
the quality of the human environment for purposes of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.). A final environmental impact statement prepared by the
Secretary under such Act shall accompany any recommendation to
the President to approve a site for a repository.
[(2) With respect to the requirements imposed by the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), compliance with the procedures and requirements of this
Act shall be deemed adequate consideration of the need for a
repository, the time of the initial availability of a
repository, and all alternatives to the isolation of high-level
radioactive waste and spent nuclear fuel in a repository.
[(3) For purposes of complying with the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and this section, the Secretary need not consider
alternate sites to the Yucca Mountain site for the repository
to be developed under this subtitle.
[(4) Any environmental impact statement prepared in
connection with a repository proposed to be constructed by the
Secretary under this subtitle shall, to the extent practicable,
be adopted by the Commission in connection with the issuance by
the Commission of a construction authorization and license for
such repository. To the extent such statement is adopted by the
Commission, such adoption shall be deemed to also satisfy the
responsibilities of the Commission under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
no further consideration shall be required, except that nothing
in this subsection shall affect any independent
responsibilities of the Commission to protect the public health
and safety under the Atomic Energy Act of 1954 (42 U.S.C. 2011
et seq.).
[(5) Nothing in this Act shall be construed to amend or
otherwise detract from the licensing requirements of the
Nuclear Regulatory Commission established in title II of the
Energy Reorganization Act of 1974 (42 U.S.C. 5841 et seq.).
[(6) In any such statement prepared with respect to the
repository to be constructed under this subtitle, the Nuclear
Regulatory Commission need not consider the need for a
repository, the time of initial availability of a repository,
alternate sites to the Yucca Mountain site, or nongeologic
alternatives to such site.
[review of repository site selection
[Sec. 115. (a) Definition.--For purposes of this section,
the term ``resolution of repository siting approval'' means a
joint resolution of the Congress, the matter after the
resolving clause of which is as follows: ``That there hereby is
approved the site at .......... for a repository, with respect
to which a notice of disapproval was submitted by .......... on
..........''. The first blank space in such resolution shall be
filled with the name of the geographic location of the proposed
site of the repository to which such resolution pertains; the
second blank space in such resolution shall be filled with the
designation of the State Governor and legislature or Indian
tribe governing body submitting the notice of disapproval to
which such resolution pertains; and the last blank space in
such resolution shall be filled with the date of such
submission.
[(b) State or Indian Tribe Petitions.--The designation of a
site as suitable for application for a construction
authorization for a repository shall be effective at the end of
the 60-day period beginning on the date that the President
recommends such site to the Congress under section 114, unless
the Governor and legislature of the State in which such site is
located, or the governing body of an Indian tribe on whose
reservation such site is located, as the case may be, has
submitted to the Congress a notice of disapproval under section
116 or 118. If any such notice of disapproval has been
submitted, the designation of such site shall not be effective
except as provided under subsection (c).
[(c) Congressional Review of Petitions.--If any notice of
disapproval of a repository site designation has been submitted
to the Congress under section 116 or 118 after a recommendation
or approval of such site is made by the President under section
114, such site shall be disapproved unless, during the first
period of 90 calendar days of continuous session of the
Congress after the date of the receipt by the Congress of such
notice of disapproval, the Congress passes a resolution of
repository siting approval in accordance with this subsection
approving such site, and such resolution thereafter becomes
law.
[(d) Procedures Applicable to the Senate.--(1) The
provisions of this subsection are enacted by the Congress--
[(A) as an exercise of the rulemaking power of the
Senate, and as such they are deemed a part of the rules
of the Senate, but applicable only with respect to the
procedure to be followed in the Senate in the case of
resolutions of repository siting approval, and such
provisions supersede other rules of the Senate only to
the extent that they are inconsistent with such other
rules; and
[(B) with full recognition of the constitutional
right of the Senate to change the rules (so far as
relating to the procedure of the Senate) at any time,
in the same manner and to the same extent as in the
case of any other rule of the Senate.
[(2)(A) Not later than the first day of session following
the day on which any notice of disapproval of a repository site
selection is submitted to the Congress under section 116 or
118, a resolution of repository siting approval shall be
introduced (by request) in the Senate by the chairman of the
committee to which such notice of disapproval is referred, or
by a Member or Members of the Senate designated by such
chairman.
[(B) Upon introduction, a resolution of repository siting
approval shall be referred to the appropriate committee or
committees of the Senate by the President of the Senate, and
all such resolutions with respect to the same repository site
shall be referred to the same committee or committees. Upon the
expiration of 60 calendar days of continuous session after the
introduction of the first resolution of repository siting
approval with respect to any site, each committee to which such
resolution was referred shall make its recommendations to the
Senate.
[(3) If any committee to which is referred a resolution of
siting approval introduced under paragraph (2)(A), or, in the
absence of such a resolution, any other resolution of siting
approval introduced with respect to the site involved, has not
reported such resolution at the end of 60 days of continuous
session of Congress after introduction of such resolution, such
committee shall be deemed to be discharged from further
consideration of such resolution, and such resolution shall be
placed on the appropriate calendar of the Senate.
[(4)(A) When each committee to which a resolution of siting
approval has been referred has reported, or has been deemed to
be discharged from further consideration of, a resolution
described in paragraph (3), it shall at any time thereafter be
in order (even though a previous motion to the same effect has
been disagreed to) for any Member of the Senate to move to
proceed to the consideration of such resolution. Such motion
shall be highly privileged and shall not be debatable. Such
motion shall not be subject to amendment, to a motion to
postpone, or to a motion to proceed to the consideration of
other business. A motion to reconsider the vote by which such
motion is agreed to or disagreed to shall not be in order. If a
motion to proceed to the consideration of such resolution is
agreed to, such resolution shall remain the unfinished business
of the Senate until disposed of.
[(B) Debate on a resolution of siting approval, and on all
debatable motions and appeals in connection with such
resolution, shall be limited to not more than 10 hours, which
shall be divided equally between Members favoring and Members
opposing such resolution. A motion further to limit debate
shall be in order and shall not be debatable. Such motion shall
not be subject to amendment, to a motion to postpone, or to a
motion to recommit such resolution shall not be in order. A
motion to reconsider the vote by which such resolution is
agreed to or disagreed to shall not be in order.
[(C) Immediately following the conclusion of the debate on
a resolution of siting approval, and a single quorum call at
the conclusion of such debate if requested in accordance with
the rules of the Senate, the vote on final approval of such
resolution shall occur.
[(D) Appeals from the decisions of the Chair relating to
the application of the rules of the Senate to the procedure
relating to a resolution of siting approval shall be decided
without debate.
[(5) If the Senate receives from the House a resolution of
repository siting approval with respect to any site, then the
following procedure shall apply:
[(A) The resolution of the House with respect to such
site shall not be referred to a committee.
[(B) With respect to the resolution of the Senate
with respect to such site--
[(i) the procedure with respect to that or
other resolutions of the Senate with respect to
such site shall be the same as if no resolution
from the House with respect to such site had
been received; but
[(ii) on any vote on final passage of a
resolution of the Senate with respect to such
site, a resolution from the House with respect
to such site where the text is identical shall
be automatically substituted for the resolution
of the Senate.
[(e) Procedures Applicable to the House of
Representatives.--(1) The provisions of this section are
enacted by the Congress--
[(A) as an exercise of the rulemaking power of the
House of Representatives, and as such they are deemed a
part of the rules of the House, but applicable only
with respect to the procedure to be followed in the
House in the case of resolutions of repository siting
approval, and such provisions supersede other rules of
the House only to the extent that they are inconsistent
with such other rules; and
[(B) with full recognition of the constitutional
right of the House to change the rules (so far as
relating to the procedure of the House) at any time, in
the same manner and to the same extent as in the case
of any other rule of the House.
[(2) Resolutions of repository siting approval shall upon
introduction, be immediately referred by the Speaker of the
House to the appropriate committee or committees of the House.
Any such resolution received from the Senate shall be held at
the Speaker's table.
[(3) Upon the expiration of 60 days of continuous session
after the introduction of the first resolution of repository
siting approval with respect to any site, each committee to
which such resolution was referred shall be discharged from
further consideration of such resolution, and such resolution
shall be referred to the appropriate calendar, unless such
resolution or an identical resolution was previously reported
by each committee to which it was referred.
[(4) It shall be in order for the Speaker to recognize a
Member favoring a resolution to call up a resolution of
repository siting approval after it has been on the appropriate
calendar for 5 legislative days. When any such resolution is
called up, the House shall proceed to its immediate
consideration and the Speaker shall recognize the Member
calling up such resolution and a Member opposed to such
resolution for 2 hours of debate in the House, to be equally
divided and controlled by such Members. When such time has
expired, the previous question shall be considered as ordered
on the resolution to adoption without intervening motion. No
amendment to any such resolution shall be in order, nor shall
it be in order to move to reconsider the vote by which such
resolution is agreed to or disagreed to.
[(5) If the House receives from the Senate a resolution of
repository siting approval with respect to any site, then the
following procedure shall apply:
[(A) The resolution of the Senate with respect to
such site shall not be referred to a committee.
[(B) With respect to the resolution of the House with
respect to such site--
[(i) the procedure with respect to that or
other resolutions of the House with respect to
such site shall be the same as if no resolution
from the Senate with respect to such site had
been received; but
[(ii) on any vote on final passage of a
resolution of the House with respect to such
site, a resolution from the Senate with respect
to such site where the text is identical shall
be automatically substituted for the resolution
of the House.
[(f) Computation of Days.--For purposes of this section--
[(1) continuity of session of Congress is broken only
by an adjournment sine die; and
[(2) the days on which either House is not in session
because of an adjournment of more than 3 days to a day
certain are excluded in the computation of the 90-day
period referred to in subsection (c) and the 60-day
period referred to in subsections (d) and (e).
[(g) Information Provided to Congress.--In considering any
notice of disapproval submitted to the Congress under section
116 or 118, the Congress may obtain any comments of the
Commission with respect to such notice of disapproval. The
provision of such comments by the Commission shall not be
construed as binding the Commission with respect to any
licensing or authorization action concerning the repository
involved.
[participation of states
[Sec. 116. (a) Notification of States and Affected
Tribes.--The Secretary shall identify the States with one or
more potentially acceptable sites for a repository within 90
days after the date of enactment of this Act. Within 90 days of
such identification, the Secretary shall notify the Governor,
the State legislature, and the tribal council of any affected
Indian tribe in any State of the potentially acceptable sites
within such State. For the purposes of this title, the term
``potentially acceptable site'' means any site at which, after
geologic studies and field mapping but before detailed geologic
data gathering, the Department undertakes preliminary drilling
and geophysical testing for the definition of site location.
[(b) State Participation in Repository Siting Decisions.--
(1) Unless otherwise provided by State law, the Governor or
legislature of each State shall have authority to submit a
notice of disapproval to the Congress under paragraph (2). In
any case in which State law provides for submission of any such
notice of disapproval by any other person or entity, any
reference in this subtitle to the Governor or legislature of
such State shall be considered to refer instead to such other
person or entity.
[(2) Upon the submission by the President to the Congress
of a recommendation of a site for a repository, the Governor or
legislature of the State in which such site is located may
disapprove the site designation and submit to the Congress a
notice of disapproval. Such Governor or legislature may submit
such a notice of disapproval to the Congress not later than the
60 days after the date that the President recommends such site
to the Congress under section 114. A notice of disapproval
shall be considered to be submitted to the Congress on the date
of the transmittal of such notice of disapproval to the Speaker
of the House and the President pro tempore of the Senate. Such
notice of disapproval shall be accompanied by a statement of
reasons explaining why such Governor or legislature disapproved
the recommended repository site involved.
[(3) The authority of the Governor or legislature of each
State under this subsection shall not be applicable with
respect to any site located on a reservation.
[(c) Financial Assistance.--(1)(A) The Secretary shall make
grants to the State of Nevada and any affected unit of local
government for the purpose of participating in activities
required by this section and section 117 or authorized by
written agreement entered into pursuant to section 117(c). Any
salary or travel expense that would ordinarily be incurred by
such State or affected unit of local government, may not be
considered eligible for funding under this paragraph.
[(B) The Secretary shall make grants to the State of Nevada
and any affected unit of local government for purposes of
enabling such State or affected unit of local government--
[(i) to review activities taken under this subtitle
with respect to the Yucca Mountain site for purposes of
determining any potential economic, social, public
health and safety, and environmental impacts of a
repository on such State, or affected unit of local
government and its residents;
[(ii) to develop a request for impact assistance
under paragraph (2);
[(iii) to engage in any monitoring, testing, or
evaluation activities with respect to site
characterization programs with regard to such site;
[(iv) to provide information to Nevada residents
regarding any activities of such State, the Secretary,
or the Commission with respect to such site; and
[(v) to request information from, and make comments
and recommendations to, the Secretary regarding any
activities taken under this subtitle with respect to
such site.
[(C) Any salary or travel expense that would ordinarily be
incurred by the State of Nevada or any affected unit of local
government may not be considered eligible for funding under
this paragraph.
[(2)(A)(i) The Secretary shall provide financial and
technical assistance to the State of Nevada, and any affected
unit of local government requesting such assistance.
[(ii) Such assistance shall be designed to mitigate the
impact on such State or affected unit of local government of
the development of such repository and the characterization of
such site.
[(iii) Such assistance to such State or affected unit of
local government of such State shall commence upon the
initiation of site characterization activities.
[(B) The State of Nevada and any affected unit of local
government may request assistance under this subsection by
preparing and submitting to the Secretary a report on the
economic, social, public health and safety, and environmental
impacts that are likely to result from site characterization
activities at the Yucca Mountain site. Such report shall be
submitted to the Secretary after the Secretary has submitted to
the State a general plan for site characterization activities
under section 113(b).
[(C) As soon as practicable after the Secretary has
submitted such site characterization plan, the Secretary shall
seek to enter into a binding agreement with the State of Nevada
setting forth--
[(i) the amount of assistance to be provided under
this subsection to such State or affected unit of local
government; and
[(ii) the procedures to be followed in providing such
assistance.
[(3)(A) In addition to financial assistance provided under
paragraphs (1) and (2), the Secretary shall grant to the State
of Nevada and any affected unit of local government an amount
each fiscal year equal to the amount such State or affected
unit of local government, respectively, would receive if
authorized to tax site characterization activities at such
site, and the development and operation of such repository, as
such State or affected unit of local government taxes the non-
Federal real property and industrial activities occurring
within such State or affected unit of local government.
[(B) Such grants shall continue until such time as all such
activities, development, and operation are terminated at such
site.
[(4)(A) The State of Nevada or any affected unit of local
government may not receive any grant under paragraph (1) after
the expiration of the 1-year period following--
[(i) the date on which the Secretary notifies the
Governor and legislature of the State of Nevada of the
termination of site characterization activities at the
site in such State;
[(ii) the date on which the Yucca Mountain site is
disapproved under section 115; or
[(iii) the date on which the Commission disapproves
an application for a construction authorization for a
repository at such site;
whichever occurs first.
[(B) The State of Nevada or any affected unit of local
government may not receive any further assistance under
paragraph (2) with respect to a site if repository construction
activities or site characterization activities at such site are
terminated by the Secretary or if such activities are
permanently enjoined by any court.
[(C) At the end of the 2-year period beginning on the
effective date of any license to receive and possess for a
repository in a State, no Federal funds, shall be made
available to such State or affected unit of local government
under paragraph (1) or (2), except for--
[(i) such funds as may be necessary to support
activities related to any other repository located in,
or proposed to be located in, such State, and for which
a license to receive and possess has not been in effect
for more than 1 year;
[(ii) such funds as may be necessary to support State
activities pursuant to agreements or contracts for
impact assistance entered into, under paragraph (2), by
such State with the Secretary during such 2-year
period; and
[(iii) such funds as may be provided under an
agreement entered into under title IV.
[(5) Financial assistance authorized in this subsection
shall be made out of amounts held in the Waste Fund.
[(6) No State, other than the State of Nevada, may receive
financial assistance under this subsection after the date of
the enactment of the Nuclear Waste Policy Amendments Act of
1987.
[(d) Additional Notification and Consultation.--Whenever
the Secretary is required under any provision of this Act to
notify or consult with the governing body of an affected Indian
tribe where a site is located, the Secretary shall also notify
or consult with, as the case may be, the Governor of the State
in which such reservation is located.
[consultation with states and affected indian tribes
[Sec. 117. (a) Provision of Information.--(1) The Secretary,
the Commission, and other agencies involved in the
construction, operation, or regulation of any aspect of a
repository in a State shall provide to the Governor and
legislature of such State, and to the governing body of any
affected Indian tribe, timely and complete information
regarding determinations or plans made with respect to the site
characterization siting, development, design, licensing,
construction, operation, regulation, or decommissioning of such
repository.
[(2) Upon written request for such information by the
Governor or legislature of such State, or by the governing body
of any affected Indian tribe, as the case may be, the Secretary
shall provide a written response to such request within 30 days
of the receipt of such request. Such response shall provide the
information requested or, in the alternative, the reasons why
the information cannot be so provided. If the Secretary fails
to so respond within such 30 days, the Governor or legislature
of such State, or the governing body of any affected Indian
tribe, as the case may be, may transmit a formal written
objection to such failure to respond to the President. If the
President or Secretary fails to respond to such written request
within 30 days of the receipt by the President of such formal
written objection, the Secretary shall immediately suspend all
activities in such State authorized by this subtitle, and shall
not renew such activities until the Governor or legislature of
such State, or the governing body of any affected Indian tribe,
as the case may be, has received the written response to such
written request required by this subsection.
[(b) Consultation and Cooperation.--In performing any study
of an area within a State for the purpose of determining the
suitability of such area for a repository pursuant to section
112(c), and in subsequently developing and loading any
repository within such State, the Secretary shall consult and
cooperate with the Governor and legislature of such State and
the governing body of any affected Indian tribe in an effort to
resolve the concerns of such State and any affected Indian
tribe regarding the public health and safety, environmental,
and economic impacts of any such repository. In carrying out
his duties under this subtitle, the Secretary shall take such
concerns into account to the maximum extent feasible and as
specified in written agreements entered into under subsection
(c).
[(c) Written Agreement.--Not later than 60 days after (1) the
approval of a site for site characterization for such a
repository under section 112(c), or (2) the written request of
the State or Indian tribe in any affected State notified under
section 116(a) to the Secretary, whichever, first occurs, the
Secretary shall seek to enter into a binding written agreement,
and shall begin negotiations, with such State and, where
appropriate, to enter into a separate binding agreement with
the governing body of any affected Indian tribe, setting forth
(but not limited to) the procedures under which the
requirements of subsections (a) and (b), and the provisions of
such written agreement, shall be carried out. Any such written
agreement shall not affect the authority of the Commission
under existing law. Each such written agreement shall, to the
maximum extent feasible, be completed not later than 6 months
after such notification. If such written agreement is not
completed within such period, the Secretary shall report to the
Congress in writing within 30 days on the status of
negotiations to develop such agreement and the reasons why such
agreement has not been completed. Prior to submission of such
report to the Congress, the Secretary shall transmit such
report to the Governor of such State or the governing body of
such affected Indian tribe, as the case may be, for their
review and comments. Such comments shall be included in such
report prior to submission to the Congress. Such written
agreement shall specify procedures--
[(1) by which such State or governing body of an
affected Indian tribe, as the case may be, may study,
determine, comment on, and make recommendations with
regard to the possible public health and safety,
environmental, social, and economic impacts of any such
repository;
[(2) by which the Secretary shall consider and
respond to comments and recommendations made by such
State or governing body of an affected Indian tribe,
including the period in which the Secretary shall so
respond;
[(3) by which the Secretary and such State or
governing body of an affected Indian tribe may review
or modify the agreement periodically;
[(4) by which such State or governing body of an
affected Indian tribe is to submit an impact report and
request for impact assistance under section 116(c) or
section 118(b), as the case may be;
[(5) by which the Secretary shall assist such State,
and the units of general local government in the
vicinity of the repository site, in resolving the
offsite concerns of such State and units of general
local government, including, but not limited to,
questions of State liability arising from accidents,
necessary road upgrading and access to the site,
ongoing emergency preparedness and emergency response,
monitoring of transportation of high-level radioactive
waste and spent nuclear fuel through such State,
conduct of baseline health studies of inhabitants in
neighboring communities near the repository site and
reasonable periodic monitoring thereafter, and
monitoring of the repository site upon any
decommissioning and decontamination;
[(6) by which the Secretary shall consult and
cooperate with such State on a regular, ongoing basis
and provide for an orderly process and timely schedule
for State review and evaluation, including
identification in the agreement of key events,
milestones, and decision points in the activities of
the Secretary at the potential repository site;
[(7) by which the Secretary shall notify such State
prior to the transportation of any high-level
radioactive waste and spent nuclear fuel into such
State for disposal at the repository site;
[(8) by which such State may conduct reasonable
independent monitoring and testing of activities on the
repository site, except that such monitoring and
testing shall not unreasonably interfere with or delay
onsite activities;
[(9) for sharing, in accordance with applicable law,
of all technical and licensing information, the
utilization of available expertise, the facilitating of
permit procedures, joint project review, and the
formulation of joint surveillance and monitoring
arrangements to carry out applicable Federal and State
laws;
[(10) for public notification of the procedures
specified under the preceding paragraphs; and
[(11) for resolving objections of a State and
affected Indian tribes at any stage of the planning,
siting, development, construction, operation, or
closure of such a facility within such State through
negotiation, arbitration, or other appropriate
mechanisms.
[(d) On-Site Representative.--The Secretary shall offer to
any State, Indian tribe or unit of local government within
whose jurisdiction a site for a repository or monitored
retrievable storage facility is located under this title an
opportunity to designate a representative to conduct on-site
oversight activities at such site. Reasonable expenses of such
representatives shall be paid out of the Waste Fund.
[participation of indian tribes
[Sec. 118. (a) Participation of Indian Tribes in Repository
Siting Decisions.--Upon the submission by the President to the
Congress of a recommendation of a site for a repository located
on the reservation of an affected Indian tribe, the governing
body of such Indian tribe may disapprove the site designation
and submit to the Congress a notice of disapproval. The
governing body of such Indian tribe may submit such a notice of
disapproval to the Congress not later than the 60 days after
the date that the President recommends such site to the
Congress under section 114. A notice of disapproval shall be
considered to be submitted to the Congress on the date of the
transmittal of such notice of disapproval to the Speaker of the
House and the President pro tempore of the Senate. Such notice
of disapproval shall be accompanied by a statement of reasons
explaining why the governing body of such Indian tribe
disapproved the recommended repository site involved.
[(b) Financial Assistance.--(1) The Secretary shall make
grants to each affected tribe notified under section 116(a) for
the purpose of participating in activities required by section
117 or authorized by written agreement entered into pursuant to
section 117(c). Any salary or travel expense that would
ordinarily be incurred by such tribe, may not be considered
eligible for funding under this paragraph.
[(2)(A) The Secretary shall make grants to each affected
Indian tribe where a candidate site for a repository is
approved under section 112(c). Such grants may be made to each
such Indian tribe only for purposes of enabling such Indian
tribe--
[(i) to review activities taken under this subtitle
with respect to such site for purposes of determining
any potential economic, social, public health and
safety, and environmental impacts of such repository on
the reservation and its residents;
[(ii) to develop a request for impact assistance
under paragraph (2);
[(iii) to engage in any monitoring, testing, or
evaluation activities with respect to site
characterization programs with regard to such site;
[(iv) to provide information to the residents of its
reservation regarding any activities of such Indian
tribe, the Secretary, or the Commission with respect to
such site; and
[(v) to request information from, and make comments
and recommendations to, the Secretary regarding any
activities taken under this subtitle with respect to
such site.
[(B) The amount of funds provided to any affected Indian
tribe under this paragraph in any fiscal year may not exceed
100 percent of the costs incurred by such Indian tribe with
respect to the activities described in clauses (i) through (v)
of subparagraph (A). Any salary or travel expense that would
ordinarily be incurred by such Indian tribe may not be
considered eligible for funding under this paragraph.
[(3)(A) The Secretary shall provide financial and technical
assistance to any affected Indian tribe requesting such
assistance and where there is a site with respect to which the
Commission has authorized construction of a repository. Such
assistance shall be designed to mitigate the impact on such
Indian tribe of the development of such repository. Such
assistance to such Indian tribe shall commence within 6 months
following the granting by the Commission of a construction
authorization for such repository and following the initiation
of construction activities at such site.
[(B) Any affected Indian tribe desiring assistance under this
paragraph shall prepare and submit to the Secretary a report on
any economic, social, public health and safety, and
environmental impacts that are likely as a result of the
development of a repository at a site on the reservation of
such Indian tribe. Such report shall be submitted to the
Secretary following the completion of site characterization
activities at such site and before the recommendation of such
site to the President by the Secretary for application for a
construction authorization for a repository. As soon as
practicable following the granting of a construction
authorization for such repository, the Secretary shall seek to
enter into a binding agreement with the Indian tribe involved
setting forth the amount of assistance to be provided to such
Indian tribe under this paragraph and the procedures to be
followed in providing such assistance.
[(4) The Secretary shall grant to each affected Indian tribe
where a site for a repository is approved under section 112(c)
an amount each fiscal year equal to the amount such Indian
tribe would receive were it authorized to tax site
characterization activities at such site, and the development
and operation of such repository, as such Indian tribe taxes
the other commercial activities occurring on such reservation.
Such grants shall continue until such time as all such
activities, development, and operation are terminated at such
site.
[(5) An affected Indian tribe may not receive any grant under
paragraph (1) after the expiration of the 1-year period
following--
[(i) the date on which the Secretary notifies such
Indian tribe of the termination of site
characterization activities at the candidate site
involved on the reservation of such Indian tribe;
[(ii) the date on which such site is disapproved
under section 115;
[(iii) the date on which the Commission disapproves
an application for a construction authorization for a
repository at such site;
[(iv) the date of the enactment of the Nuclear Waste
Policy Amendments Act of 1987;
whichever occurs first, unless there is another candidate site
on the reservation of such Indian tribe that is approved under
section 112(c) and with respect to which the actions described
in clauses (i), (ii), and (iii) have not been taken.
[(B) An affected Indian tribe may not receive any further
assistance under paragraph (2) with respect to a site if
repository construction activities at such site are terminated
by the Secretary or if such activities are permanently enjoined
by any court.
[(C) At the end of the 2-year period beginning on the
effective date of any license to receive and possess for a
repository at a site on the reservation of an affected Indian
tribe, no Federal funds shall be made available under paragraph
(1) or (2) to such Indian tribe, except for--
[(i) such funds as may be necessary to support
activities of such Indian tribe related to any other
repository where a license to receive and possess has
not been in effect for more than 1 year; and
[(ii) such funds as may be necessary to support
activities of such Indian tribe pursuant to agreements
or contracts for impact assistance entered into, under
paragraph (2), by such Indian tribe with the Secretary
during such 2-year period.
[(6) Financial assistance authorized in this subsection shall
be made out of amounts held in the Nuclear Waste Fund
established in section 302.
[judicial review of agency actions
[Sec. 119. (a) Jurisdiction of United States Courts of
Appeals.--(1) Except for review in the Supreme Court of the
United States, the United States courts of appeals shall have
original and exclusive jurisdiction over any civil action--
[(A) for review of any final decision or action of
the Secretary, the President, or the Commission under
this subtitle;
[(B) alleging the failure of the Secretary, the
President, or the Commission to make any decision, or
take any action, required under this subtitle;
[(C) challenging the constitutionality of any
decision made, or action taken, under any provision of
this subtitle;
[(D) for review of any environmental impact statement
prepared pursuant to the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) with respect to
any action under this subtitle, or as required under
section 135(c)(1), or alleging a failure to prepare
such statement with respect to any such action;
[(E) for review of any environmental assessment
prepared under section 112(b)(1) or 135(c)(2); or
[(F) for review of any research and development
activity under title II.
[(2) The venue of any proceeding under this section shall be
in the judicial circuit in which the petitioner involved
resides or has its principal office, or in the United States
Court of Appeals for the District of Columbia.
[(c) Deadline for Commencing Action.--A civil action for
judicial review described under subsection (a)(1) may be
brought not later than the 180th day after the date of the
decision or action or failure to act involved, as the case may
be, except that if a party shows that he did not know of the
decision or action complained of (or of the failure to act),
and that a reasonable person acting under the circumstances
would not have known, such party may bring a civil action not
later than the 180th day after the date such party acquired
actual or constructive knowledge of such decision, action, or
failure to act.
[expedited authorizations
[Sec. 120. (a) Issuance of Authorizations.--(1) To the extent
that the taking of any action related to the site
characterization of a site or the construction or initial
operation of a repository under this subtitle requires a
certificate, right-of-way, permit, lease, or other
authorization from a Federal agency or officer, such agency or
officer shall issue or grant any such authorization at the
earliest practicable date, to the extent permitted by the
applicable provisions of law administered by such agency or
officer. All actions of a Federal agency or officer with
respect to consideration of applications or requests for the
issuance or grant of any such authorization shall be expedited,
and any such application or request shall take precedence over
any similar applications or requests not related to such
repositories.
[(2) The provisions of paragraph (1) shall not apply to any
certificate, right-of-way, permit, lease, or other
authorization issued or granted by, or requested from, the
Commission.
[(b) Terms of Authorizations.--Any authorization issued or
granted pursuant to subsection (a) shall include such terms and
conditions as may be required by law, and may include terms and
conditions permitted by law.
[certain standards and criteria
[Sec. 121. (a) Environmental Protection Agency Standards.--
Not later than 1 year after the date of the enactment of this
Act, the Administrator, pursuant to authority under other
provisions of law, shall, by rule, promulgate generally
applicable standards for protection of the general environment
from offsite releases from radioactive material in
repositories.
[(b) Commission Requirements and Criteria.--(1)(A) Not later
than January 1, 1984, the Commission, pursuant to authority
under other provisions of law, shall, by rule, promulgate
technical requirements and criteria that it will apply, under
the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) and the
Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.), in
approving or disapproving--
[(i) applications for authorization to construct
repositories;
[(ii) applications for licenses to receive and
possess spent nuclear fuel and high-level radioactive
waste in such repositories; and
[(iii) applications for authorization for closure and
decommissioning of such repositories.
[(B) Such criteria shall provide for the use of a system of
multiple barriers in the design of the repository and shall
include such restrictions on the retrievability of the
solidified high-level radioactive waste and spent fuel emplaced
in the repository as the Commission deems appropriate.
[(C) Such requirements and criteria shall not be inconsistent
with any comparable standards promulgated by the Administrator
under subsection (a).
[(2) For purposes of this Act, nothing in this section shall
be construed to prohibit the Commission from promulgating
requirements and criteria under paragraph (1) before the
Administrator promulgates standards under subsection (a). If
the Administrator promulgates standards under subsection (a)
after requirements and criteria are promulgated by the
Commission under paragraph (1), such requirements and criteria
shall be revised by the Commission if necessary to comply with
paragraph (1)(C).
[(c) Environmental Impact Statement.--The promulgation of
standards or criteria in accordance with the provisions of this
section shall not require the preparation of an environmental
impact statement under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), or to
require any environmental review under subparagraph (E) or (F)
of section 102(2) of such Act.
[disposal of spent nuclear fuel
[Sec. 122. Notwithstanding any other provision of this
subtitle, any repository constructed on a site approved under
this subtitle shall be designed and constructed to permit the
retrieval of any spent nuclear fuel placed in such repository,
during an appropriate period of operation of the facility, for
any reason pertaining to the public health and safety, or the
environment, or for the purpose of permitting the recovery of
the economically valuable contents of such spent fuel. The
Secretary shall specify the appropriate period of
retrievability with respect to any repository at the time of
design of such repository, and such aspect of such repository
shall be subject to approval or disapproval by the Commission
as part of the construction authorization process under
subsections (b) through (d) of section 114.
[title to material
[Sec. 123. Delivery, and acceptance by the Secretary, of any
high-level radioactive waste or spent nuclear fuel for a
repository constructed under this subtitle shall constitute a
transfer to the Secretary of title to such waste or spent fuel.
[consideration of effect of acquisition of water rights
[Sec. 124. The Secretary shall give full consideration to
whether the development, construction, and operation of a
repository may require any purchase or other acquisition of
water rights that will have a significant adverse effect on the
present or future development of the area in which such
repository is located. The Secretary shall mitigate any such
adverse effects to the maximum extent practicable.
[termination of certain provisions
[Sec. 125. Sections 119 and 120 shall cease to have effect at
such time as a repository developed under this subtitle is
licensed to receive and possess high-level radioactive waste
and spent nuclear fuel.
[Subtitle B--Interim Storage Program
[findings and purposes
[Sec. 131. (a) Findings.--The Congress finds that--
[(1) the persons owning and operating civilian
nuclear power reactors have the primary responsibility
for providing interim storage of spent nuclear fuel
from such reactors, by maximizing, to the extent
practical, the effective use of existing storage
facilities at the site of each civilian nuclear power
reactor, and by adding new onsite storage capacity in a
timely manner where practical;
[(2) the Federal Government has the responsibility to
encourage and expedite the effective use of existing
storage facilities and the addition of needed new
storage capacity at the site of each civilian nuclear
power reactor; and
[(3) the Federal Government has the responsibility to
provide, in accordance with the provisions of this
subtitle, not more than 1,900 metric tons of capacity
for interim storage of spent nuclear fuel for civilian
nuclear power reactors that cannot reasonably provide
adequate storage capacity at the sites of such reactors
when needed to assure the continued, orderly operation
of such reactors.
[(b) Purposes.--The purposes of this subtitle are--
[(1) to provide for the utilization of available
spent nuclear fuel pools at the site of each civilian
nuclear power reactor to the extent practical and the
addition of new spent nuclear fuel storage capacity
where practical at the site of such reactor; and
[(2) to provide, in accordance with the provisions of
this subtitle, for the establishment of a federally
owned and operated system for the interim storage of
spent nuclear fuel at one or more facilities owned by
the Federal Government with not more than 1,900 metric
tons of capacity to prevent disruptions in the orderly
operation of any civilian nuclear power reactor that
cannot reasonably provide adequate spent nuclear fuel
storage capacity at the site of such reactor when
needed.
[available capacity for interim storage of spent nuclear fuel
[Sec. 132. The Secretary, the Commission, and other
authorized Federal officials shall each take such actions as
such official considers necessary to encourage and expedite the
effective use of available storage, and necessary additional
storage, at the site of each civilian nuclear power reactor
consistent with--
[(1) the protection of the public health and safety,
and the environment;
[(2) economic considerations;
[(3) continued operation of such reactor;
[(4) any applicable provisions of law; and
[(5) the views of the population surrounding such
reactor.
[interim at reactor storage
[Sec. 133. The Commission shall, by rule, establish
procedures for the licensing of any technology approved by the
Commission under section 219(a) for use at the site of any
civilian nuclear power reactor. The establishment of such
procedures shall not preclude the licensing, under any
applicable procedures or rules of the Commission in effect
prior to such establishment, of any technology for the storage
of civilian spent nuclear fuel at the site of any civilian
nuclear power reactor.
[licensing of facility expansions and transshipments
[Sec. 134. (a) Oral Argument.--In any Commission hearing
under section 189 of the Atomic Energy Act of 1954 (42 U.S.C.
2239) on an application for a license, or for an amendment to
an existing license, filed after the date of the enactment of
this Act, to expand the spent nuclear fuel storage capacity at
the site of a civilian nuclear power reactor, through the use
of high-density fuel storage racks, fuel rod compaction, the
transshipment of spent nuclear fuel to another civilian nuclear
power reactor within the same utility system, the construction
of additional spent nuclear fuel pool capacity or dry storage
capacity, or by other means, the Commission shall, at the
request of any party, provide an opportunity for oral argument
with respect to any matter which the Commission determines to
be in controversy among the parties. The oral argument shall be
preceded by such discovery procedures as the rules of the
Commission shall provide. The Commission shall require each
party, including the Commission staff, to submit in written
form, at the time of the oral argument, a summary of the facts,
data, and arguments upon which such party proposes to rely that
are known at such time to such party. Only facts and data in
the form of sworn testimony or written submission may be relied
upon by the parties during oral argument. Of the materials that
may be submitted by the parties during oral argument, the
Commission shall only consider those facts and data that are
submitted in the form of sworn testimony or written submission.
[(b) Adjudicatory Hearing.--(1) At the conclusion of any oral
argument under subsection (a), the Commission shall designate
any disputed question of fact, together with any remaining
questions of law, for resolution in an adjudicatory hearing
only if it determines that--
[(A) there is a genuine and substantial dispute of
fact which can only be resolved with sufficient
accuracy by the introduction of evidence in an
adjudicatory hearing; and
[(B) the decision of the Commission is likely to
depend in whole or in part on the resolution of such
dispute.
[(2) In making a determination under this subsection, the
Commission--
[(A) shall designate in writing the specific facts
that are in genuine and substantial dispute, the reason
why the decision of the agency is likely to depend on
the resolution of such facts, and the reason why an
adjudicatory hearing is likely to resolve the dispute;
and
[(B) shall not consider--
[(i) any issue relating to the design,
construction, or operation of any civilian
nuclear power reactor already licensed to
operate at such site, or any civilian nuclear
power reactor for which a construction permit
has been granted at such site, unless the
Commission determines that any such issue
substantially affects the design, construction,
or operation of the facility or activity for
which such license application, authorization,
or amendment is being considered; or
[(ii) any siting or design issue fully
considered and decided by the Commission in
connection with the issuance of a construction
permit or operating license for a civilian
nuclear power reactor at such site, unless (I)
such issue results from any revision of siting
or design criteria by the Commission following
such decision; and (II) the Commission
determines that such issue substantially
affects the design, construction, or operation
of the facility or activity for which such
license application, authorization, or
amendment is being considered.
[(3) The provisions of paragraph (2)(B) shall apply only with
respect to licenses, authorizations, or amendments to licenses
or authorizations, applied for under the Atomic Energy Act of
1954 (42 U.S.C. 2011 et seq.) before December 31, 2005.
[(4) The provisions of this section shall not apply to the
first application for a license or license amendment received
by the Commission to expand onsite spent fuel storage capacity
by the use of a new technology not previously approved for use
at any nuclear powerplant by the Commission.
[(c) Judicial Review.--No court shall hold unlawful or set
aside a decision of the Commission in any proceeding described
in subsection (a) because of a failure by the Commission to use
a particular procedure pursuant to this section unless--
[(1) an objection to the procedure used was presented
to the Commission in a timely fashion or there are
extraordinary circumstances that excuse the failure to
present a timely objection; and
[(2) the court finds that such failure has precluded
a fair consideration and informed resolution of a
significant issue of the proceeding taken as a whole.
[storage of spent nuclear fuel
[Sec. 135. (a) Storage Capacity.--(1) Subject to section 8,
the Secretary shall provide, in accordance with paragraph (5),
not more than 1,900 metric tons of capacity for the storage of
spent nuclear fuel from civilian nuclear power reactors. Such
storage capacity shall be provided through any one or more of
the following methods, used in any combination determined by
the Secretary to be appropriate:
[(A) use of available capacity at one or more
facilities owned by the Federal Government on the date
of the enactment of this Act, including the
modification and expansion of any such facilities, if
the Commission determines that such use will adequately
protect the public health and safety, except that such
use shall not--
[(i) render such facilities subject to
licensing under the Atomic Energy Act of 1954
(42 U.S.C. 2011 et seq.) or the Energy
Reorganization Act of 1974 (42 U.S.C. 5801 et
seq.); or
[(ii) except as provided in subsection (c)
require the preparation of an environmental
impact statement under section 102(2)(C) of the
National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)), such facility is already
being used, or has previously been used, for
such storage or for any similar purpose.
[(B) acquisition of any modular or mobile spent
nuclear fuel storage equipment, including spent nuclear
fuel storage casks, and provision of such equipment, to
any person generating or holding title to spent nuclear
fuel, at the site of any civilian nuclear power reactor
operated by such person or at any site owned by the
Federal Government on the date of enactment of this
Act;
[(C) construction of storage capacity at any site of
a civilian nuclear power reactor.
[(2) Storage capacity authorized by paragraph (1) shall not
be provided at any Federal or non-Federal site within which
there is a candidate site for a repository. The restriction in
the preceding sentence shall only apply until such time as the
Secretary decides that such candidate site is no longer a
candidate site under consideration for development as a
repository.
[(3) In selecting methods of providing storage capacity under
paragraph (1), the Secretary shall consider the timeliness of
the availability of each such method and shall seek to minimize
the transportation of spent nuclear fuel, the public health and
safety impacts, and the costs of providing such storage
capacity.
[(4) In providing storage capacity through any method
described in paragraph (1), the Secretary shall comply with any
applicable requirements for licensing or authorization of such
method, except as provided in paragraph (1)(A)(i).
[(5) The Secretary shall ensure that storage capacity is made
available under paragraph (1) when needed, as determined on the
basis of the storage needs specified in contracts entered into
under section 136(a), and shall accept upon request any spent
nuclear fuel as covered under such contracts.
[(6) For purposes of paragraph (1)(A), the term ``facility''
means any building or structure.
[(b) Contracts.--(1) Subject to the capacity limitation
established in subsections (a) (1) and (d) the Secretary shall
offer to enter into, and may enter into, contracts under
section 136(a) with any person generating or owning spent
nuclear fuel for purposes of providing storage capacity for
such spent fuel under this section only if the Commission
determines that--
[(A) adequate storage capacity to ensure the
continued orderly operation of the civilian nuclear
power reactor at which such spent nuclear fuel is
generated cannot reasonably be provided by the person
owning and operating such reactor at such site, or at
the site of any other civilian nuclear power reactor
operated by such person, and such capacity cannot be
made available in a timely manner through any method
described in subparagraph (B); and
[(B) such person is diligently pursuing licensed
alternatives to the use of Federal storage capacity for
the storage of spent nuclear fuel expected to be
generated by such person in the future, including--
[(i) expansion of storage facilities at the
site of any civilian nuclear power reactor
operated by such person;
[(ii) construction of new or additional
storage facilities at the site of any civilian
nuclear power reactor operated by such person;
[(iii) acquisition of modular or mobile spent
nuclear fuel storage equipment, including spent
nuclear fuel storage casks, for use at the site
of any civilian nuclear power reactor operated
by such person; and
[(iv) transshipment to another civilian
nuclear power reactor owned by such person.
[(2) In making the determination described in paragraph
(1)(A), the Commission shall ensure maintenance of a full core
reserve storage capability at the site of the civilian nuclear
power reactor involved unless the Commission determines that
maintenance of such capability is not necessary for the
continued orderly operation of such reactor.
[(3) The Commission shall complete the determinations
required in paragraph (1) with respect to any request for
storage capacity not later than 6 months after receipt of such
request by the Commission.
[(c) Environmental Review.--(1) The provision of 300 or more
metric tons of storage capacity at any one Federal site under
subsection (a)(1)(A) shall be considered to be a major Federal
action requiring preparation of an environmental impact
statement under section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
[(2)(A) The Secretary shall prepare, and make available to
the public, an environmental assessment of the probable impacts
of any provision of less than 300 metric tons of storage
capacity at any one Federal site under subsection (a)(1)(A)
that requires the modification or expansion of any facility at
the site, and a discussion of alternative activities that may
be undertaken to avoid such impacts. Such environmental
assessment shall include--
[(i) an estimate of the amount of storage capacity to
be made available at such site;
[(ii) an evaluation as to whether the facilities to
be used at such site are suitable for the provision of
such storage capacity;
[(iii) a description of activities planned by the
Secretary with respect to the modification or expansion
of the facilities to be used at such site;
[(iv) an evaluation of the effects of the provision
of such storage capacity at such site on the public
health and safety, and the environment;
[(v) a reasonable comparative evaluation of current
information with respect to such site and facilities
and other sites and facilities available for the
provision of such storage capacity;
[(vi) a description of any other sites and facilities
that have been considered by the Secretary for the
provision of such storage capacity; and
[(vii) an assessment of the regional and local
impacts of providing such storage capacity at such
site, including the impacts on transportation.
[(B) The issuance of any environmental assessment under this
paragraph shall be considered to be a final agency action
subject to judicial review in accordance with the provisions of
chapter 7 of title 5, United States Code. Such judicial review
shall be limited to the sufficiency of such assessment with
respect to the items described in clauses (i) through (vii) of
subparagraph (A).
[(3) Judicial review of any environmental impact statement or
environmental assessment prepared pursuant to this subsection
shall be conducted in accordance with the provisions of section
119.
[(d) Review of Sites and State Participation.--(1) In
carrying out the provisions of this subtitle with regard to any
interim storage of spent fuel from civilian nuclear power
reactors which the Secretary is authorized by section 135 to
provide, the Secretary shall, as soon as practicable, notify,
in writing, the Governor and the State legislature of any State
and the Tribal Council of any affected Indian tribe in such
State in which is located a potentially acceptable site or
facility for such interim storage of spent fuel of his
intention to investigate that site or facility.
[(2) During the course of investigation of such site or
facility, the Secretary shall keep the Governor, State
legislature, and affected Tribal Council currently informed of
the progress of the work, and results of the investigation. At
the time of selection by the Secretary of any site or existing
facility, but prior to undertaking any site-specific work or
alterations, the Secretary shall promptly notify the Governor,
the legislature, and any affected Tribal Council in writing of
such selection, and subject to the provisions of paragraph (6)
of this subsection, shall promptly enter into negotiations with
such State and affected Tribal Council to establish a
cooperative agreement under which such State and Council shall
have the right to participate in a process of consultation and
cooperation, based on public health and safety and
environmental concerns, in all stages of the planning,
development, modification, expansion, operation, and closure of
storage capacity at a site or facility within such State for
the interim storage of spent fuel from civilian nuclear power
reactors. Public participation in the negotiation of such an
agreement shall be provided for and encouraged by the
Secretary, the State, and the affected Tribal Council. The
Secretary, in cooperation with the States and Indian tribes,
shall develop and publish minimum guidelines for public
participation in such negotiations, but the adequacy of such
guidelines or any failure to comply with such guidelines shall
not be a basis for judicial review.
[(3) The cooperative agreement shall include, but need not be
limited to, the sharing in accordance with applicable law of
all technical and licensing information, the utilization of
available expertise, the facilitating of permitting procedures,
joint project review, and the formulation of joint surveillance
and monitoring arrangements to carry out applicable Federal and
State laws. The cooperative agreement also shall include a
detailed plan or schedule of milestones, decision points and
opportunities for State or eligible Tribal Council review and
objection. Such cooperative agreement shall provide procedures
for negotiating and resolving objections of the State and
affected Tribal Council in any stage of planning, development,
modification, expansion, operation, or closure of storage
capacity at a site or facility within such State. The terms of
any cooperative agreement shall not affect the authority of the
Nuclear Regulatory Commission under existing law.
[(4) For the purpose of this subsection, ``process of
consultation and cooperation'' means a methodology by which the
Secretary (A) keeps the State and eligible Tribal Council fully
and currently informed about the aspects of the project related
to any potential impact on the public health and safety and
environment; (B) solicits, receives, and evaluates concerns and
objections of such State and Council with regard to such
aspects of the project on an ongoing basis; and (C) works
diligently and cooperatively to resolve, through arbitration or
other appropriate mechanisms, such concerns and objections. The
process of consultation and cooperation shall not include the
grant of a right to any State or Tribal Council to exercise an
absolute veto of any aspect of the planning, development,
modification, expansion, or operation of the project.
[(5) The Secretary and the State and affected Tribal Council
shall seek to conclude the agreement required by paragraph (2)
as soon as practicable, but not later than 180 days following
the date of notification of the selection under paragraph (2).
The Secretary shall periodically report to the Congress
thereafter on the status of the agreements approved under
paragraph (3). Any report to the Congress on the status of
negotiations of such agreement by the Secretary shall be
accompanied by comments solicited by the Secretary from the
State and eligible Tribal Council.
[(6)(A) Upon deciding to provide an aggregate of 300 or more
metric tons of storage capacity under subsection (a)(1) at any
one site, the Secretary shall notify the Governor and
legislature of the State where such site is located, or the
governing body of the Indian tribe in whose reservation such
site is located, as the case may be, of such decision. During
the 60-day period following receipt of notification by the
Secretary of his decision to provide an aggregate of 300 or
more metric tons of storage capacity at any one site, the
Governor or legislature of the State in which such site is
located, or the governing body of the affected Indian tribe
where such site is located, as the case may be, may disapprove
the provision of 300 or more metric tons of storage capacity at
the site involved and submit to the Congress a notice of such
disapproval. A notice of disapproval shall be considered to be
submitted to the Congress on the date of the transmittal of
such notice of disapproval to the Speaker of the House and the
President pro tempore of the Senate. Such notice of disapproval
shall be accompanied by a statement of reasons explaining why
the provision of such storage capacity at such site was
disapproved by such Governor or legislature or the governing
body of such Indian tribe.
[(B) Unless otherwise provided by State law, the Governor or
legislature of each State shall have authority to submit a
notice of disapproval to the Congress under subparagraph (A).
In any case in which State law provides for submission of any
such notice of disapproval by any other person or entity, any
reference in this subtitle to the Governor or legislature of
such State shall be considered to refer instead to such other
person or entity.
[(C) The authority of the Governor and legislature of each
State under this paragraph shall not be applicable with respect
to any site located on a reservation.
[(D) If any notice of disapproval is submitted to the
Congress under subparagraph (A), the proposed provision of 300
or more metric tons of storage capacity at the site involved
shall be disapproved unless, during the first period of 90
calendar days of continuous session of the Congress following
the date of the receipt by the Congress of such notice of
disapproval, the Congress passes a resolution approving such
proposed provision of storage capacity in accordance with the
procedures established in this paragraph and subsections (d)
through (f) of section 115 and such resolution thereafter
becomes law. For purposes of this paragraph, the term
``resolution'' means a joint resolution of either House of the
Congress, the matter after the resolving clause of which is as
follows: ``That there hereby is approved the provision of 300
or more metric tons of spent nuclear fuel storage capacity at
the site located at ----------------, with respect to which a
notice of disapproval was submitted by ---------------- on ----
------------.''. The first blank space in such resolution shall
be filled with the geographic location of the site involved;
the second blank space in such resolution shall be filled with
the designation of the State Governor and legislature or
affected Indian tribe governing body submitting the notice of
disapproval involved; and the last blank space in such
resolution shall be filled with the date of submission of such
notice of disapproval.
[(E) For purposes of the consideration of any resolution
described in subparagraph (D), each reference in subsections
(d) and (e) of section 115 to a resolution of repository siting
approval shall be considered to refer to the resolution
described in such subparagraph.
[(7) As used in this section, the term ``affected Tribal
Council'' means the governing body of any Indian tribe within
whose reservation boundaries there is located a potentially
acceptable site for interim storage capacity of spent nuclear
fuel from civilian nuclear power reactors, or within whose
boundaries a site for such capacity is selected by the
Secretary, or whose federally defined possessory or usage
rights to other lands outside of the reservation's boundaries
arising out of congressionally ratified treaties, as determined
by the Secretary of the Interior pursuant to a petition filed
with him by the appropriate governmental officials of such
tribe, may be substantially and adversely affected by the
establishment of any such storage capacity.
[(e) Limitations.--Any spent nuclear fuel stored under this
section shall be removed from the storage site or facility
involved as soon as practicable, but in any event not later
than 3 years following the date on which a repository or
monitored retrievable storage facility developed under this Act
is available for disposal of such spent nuclear fuel.
[(f) Report.--The Secretary shall annually prepare and submit
to the Congress a report on any plans of the Secretary for
providing storage capacity under this section. Such report
shall include a description of the specific manner of providing
such storage selected by the Secretary, if any. The Secretary
shall prepare and submit the first such report not later than 1
year after the date of the enactment of this Act.
[(g) Criteria for Determining Adequacy of Available Storage
Capacity.--Not later than 90 days after the date of the
enactment of this Act, the Commission pursuant to section 553
of the Administrative Procedures Act, shall propose, by rule,
procedures and criteria for making the determination required
by subsection (b) that a person owning and operating a civilian
nuclear power reactor cannot reasonably provide adequate spent
nuclear fuel storage capacity at the civilian nuclear power
reactor site when needed to ensure the continued orderly
operation of such reactor. Such criteria shall ensure the
maintenance of a full core reserve storage capability at the
site of such reactor unless the Commission determines that
maintenance of such capability is not necessary for the
continued orderly operation of such reactor. Such criteria
shall identify the feasibility of reasonably providing such
adequate spent nuclear fuel storage capacity, taking into
account economic, technical, regulatory, and public health and
safety factors, through the use of high-density fuel storage
racks, fuel rod compaction, transshipment of spent nuclear fuel
to another civilian nuclear power reactor within the same
utility system, construction of additional spent nuclear fuel
pool capacity, or such other technologies as may be approved by
the Commission.
[(h) Application.--Notwithstanding any other provision of
law, nothing in this Act shall be construed to encourage,
authorize, or require the private or Federal use, purchase,
lease, or other acquisition of any storage facility located
away from the site of any civilian nuclear power reactor and
not owned by the Federal Government on the date of the
enactment of this Act.
[(i) Coordination With Research and Development Program.--To
the extent available, and consistent with the provisions of
this section, the Secretary shall provide spent nuclear fuel
for the research and development program authorized in section
217 from spent nuclear fuel received by the Secretary for
storage under this section. Such spent nuclear fuel shall not
be subject to the provisions of subsection (e).
[interim storage fund
[Sec. 136. (a) Contracts.--(1) During the period following
the date of the enactment of this Act, but not later than
January 1, 1990, the Secretary is authorized to enter into
contracts with persons who generate or own spent nuclear fuel
resulting from civilian nuclear activities for the storage of
such spent nuclear fuel in any storage capacity provided under
this subtitle: Provided, however, That the Secretary shall not
enter into contracts for spent nuclear fuel in amounts in
excess of the available storage capacity specified in section
135(a). Those contracts shall provide that the Federal
Government will (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, (2) transport the spent nuclear fuel
to a federally owned and operated interim away-from-reactor
storage facility, and (3) store such fuel in the facility
pending further processing, storage, or disposal. Each such
contract shall (A) provide for payment to the Secretary of fees
determined in accordance with the provisions of this section;
and (B) specify the amount of storage capacity to be provided
for the person involved.
[(2) The Secretary shall undertake a study and, not later
than 180 days after the date of the enactment of this Act,
submit to the Congress a report, establishing payment charges
that shall be calculated on an annual basis, commencing on or
before January 1, 1984. Such payment charges and the
calculation thereof shall be published in the Federal Register,
and shall become effective not less than 30 days after
publication. Each payment charge published in the Federal
Register under this paragraph shall remain effective for a
period of 12 months from the effective date as the charge for
the cost of the interim storage of any spent nuclear fuel. The
report of the Secretary shall specify the method and manner of
collection (including the rates and manner of payment) and any
legislative recommendations determined by the Secretary to be
appropriate.
[(3) Fees for storage under this subtitle shall be
established on a nondiscriminatory basis. The fees to be paid
by each person entering into a contract with the Secretary
under this subsection shall be based upon an estimate of the
pro rata costs of storage and related activities under this
subtitle with respect to such person, including the
acquisition, construction, operation, and maintenance of any
facilities under this subtitle.
[(4) The Secretary shall establish in writing criteria
setting forth the terms and conditions under which such storage
services shall be made available.
[(5) Except as provided in section 137, nothing in this or
any other Act requires the Secretary, in carrying out the
responsibilities of this section, to obtain a license or permit
to possess or own spent nuclear fuel.
[(b) Limitation.--No spent nuclear fuel generated or owned by
any department of the United States referred to in section 101
or 102 of title 5, United States Code, may be stored by the
Secretary in any storage capacity provided under this subtitle
unless such department transfers to the Secretary, for deposit
in the Interim Storage Fund, amounts equivalent to the fees
that would be paid to the Secretary under the contracts
referred to in this section if such spent nuclear fuel were
generated by any other person.
[(c) Establishment of Interim Storage Fund.--There hereby is
established in the Treasury of the United States a separate
fund, to be known as the Interim Storage Fund. The Storage Fund
shall consist of--
[(1) all receipts, proceeds, and recoveries realized
by the Secretary under subsections (a), (b), and (e),
which shall be deposited in the Storage Fund
immediately upon their realization;
[(2) any appropriations made by the Congress to the
Storage Fund; and
[(3) any unexpended balances available on the date of
the enactment of this Act for functions or activities
necessary or incident to the interim storage of
civilian spent nuclear fuel, which shall automatically
be transferred to the Storage Fund on such date.
[(d) Use of Storage Fund.--The Secretary may make
expenditures from the Storage Fund, subject to subsection (e),
for any purpose necessary or appropriate to the conduct of the
functions and activities of the Secretary, or the provision or
anticipated provision of services, under this subtitle,
including--
[(1) the identification, development, licensing,
construction, operation, decommissioning, and post-
decommissioning maintenance and monitoring of any
interim storage facility provided under this subtitle;
[(2) the administrative cost of the interim storage
program;
[(3) the costs associated with acquisition, design,
modification, replacement, operation, and construction
of facilities at an interim storage site, consistent
with the restrictions in section 135;
[(4) the cost of transportation of spent nuclear
fuel; and
[(5) impact assistance as described in subsection
(e).
[(e) Impact Assistance.--(1) Beginning the first fiscal year
which commences after the date of the enactment of this Act,
the Secretary shall make annual impact assistance payments to a
State or appropriate unit of local government, or both, in
order to mitigate social or economic impacts occasioned by the
establishment and subsequent operation of any interim storage
capacity within the jurisdictional boundaries of such
government or governments and authorized under this subtitle:
Provided, however, That such impact assistance payments shall
not exceed (A) ten per centum of the costs incurred in
paragraphs (1) and (2), or (B) $15 per kilogram of spent fuel,
whichever is less;
[(2) Payments made available to States and units of local
government pursuant to this section shall be--
[(A) allocated in a fair and equitable manner with a
priority to those States or units of local government
suffering the most severe impacts; and
[(B) utilized by States or units of local governments
only for (i) planning, (ii) construction and
maintenance of public services, (iii) provision of
public services related to the providing of such
interim storage authorized under this title, and (iv)
compensation for loss of taxable property equivalent to
that if the storage had been provided under private
ownership.
[(3) Such payments shall be subject to such terms and
conditions as the Secretary determines necessary to ensure that
the purposes of this subsection shall be achieved. The
Secretary shall issue such regulations as may be necessary to
carry out the provisions of this subsection.
[(4) Payments under this subsection shall be made available
solely from the fees determined under subsection (a).
[(5) The Secretary is authorized to consult with States and
appropriate units of local government in advance of
commencement of establishment of storage capacity authorized
under this subtitle in an effort to determine the level of the
payment such government would be eligible to receive pursuant
to this subsection.
[(6) As used in this subsection, the term ``unit of local
government'' means a county, parish, township, municipality,
and shall include a borough existing in the State of Alaska on
the date of the enactment of this subsection, and any other
unit of government below the State level which is a unit of
general government as determined by the Secretary.
[(f) Administration of Storage Fund.--(1) The Secretary of
the Treasury shall hold the Storage Fund and, after
consultation with the Secretary, annually report to the
Congress on the financial condition and operations of the
Storage Fund during the preceding fiscal year.
[(2) The Secretary shall submit the budget of the Storage
Fund to the Office of Management and Budget triennially along
with the budget of the Department of Energy submitted at such
time in accordance with chapter 11 of title 31, United States
Code. The budget of the Storage Fund shall consist of estimates
made by the Secretary of expenditures from the Storage Fund and
other relevant financial matters for the succeeding 3 fiscal
years, and shall be included in the Budget of the United States
Government. The Secretary may make expenditures from the
Storage Fund, subject to appropriations which shall remain
available until expended. Appropriations shall be subject to
triennial authorization.
[(3) If the Secretary determines that the Storage Fund
contains at any time amounts in excess of current needs, the
Secretary may request the Secretary of the Treasury to invest
such amounts, or any portion of such amounts as the Secretary
determines to be appropriate, in obligations of the United
States--
[(A) having maturities determined by the Secretary of
the Treasury to be appropriate to the needs of the
Storage Fund; and
[(B) bearing interest at rates determined to be
appropriate by the Secretary of the Treasury, taking
into consideration the current average market yield on
outstanding marketable obligations of the United States
with remaining periods to maturity comparable to the
maturities of such investments, except that the
interest rate on such investments shall not exceed the
average interest rate applicable to existing
borrowings.
[(4) Receipts, proceeds, and recoveries realized by the
Secretary under this section, and expenditures of amounts from
the Storage Fund, shall be exempt from annual apportionment
under the provisions of subchapter II of chapter 15 of title
31, United States Code.
[(5) If at any time the moneys available in the Storage Fund
are insufficient to enable the Secretary to discharge his
responsibilities under this subtitle, the Secretary shall issue
to the Secretary of the Treasury obligations in such forms and
denominations, bearing such maturities, and subject to such
terms and conditions as may be agreed to by the Secretary and
the Secretary of the Treasury. The total of such obligations
shall not exceed amounts provided in appropriation Acts.
Redemption of such obligations shall be made by the Secretary
from moneys available in the Storage Fund. Such obligations
shall bear interest at a rate determined by the Secretary of
the Treasury, which shall be not less than a rate determined by
taking into consideration the average market yield on
outstanding marketable obligations of the United States of
comparable maturities during the month preceding the issuance
of the obligations under this paragraph. The Secretary of the
Treasury shall purchase any issued obligations, and for such
purpose the Secretary of the Treasury is authorized to use as a
public debt transaction the proceeds from the sale of any
securities issued under chapter 31 of title 31, United States
Code, and the purposes for which securities may be issued under
such Act are extended to include any purchase of such
obligations. The Secretary of the Treasury may at any time sell
any of the obligations acquired by him under this paragraph.
All redemptions, purchases, and sales by the Secretary of the
Treasury of obligations under this paragraph shall be treated
as public debt transactions of the United States.
[(6) Any appropriations made available to the Storage Fund
for any purpose described in subsection (d) shall be repaid
into the general fund of the Treasury, together with interest
from the date of availability of the appropriations until the
date of repayment. Such interest shall be paid on the
cumulative amount of appropriations available to the Storage
Fund, less the average undisbursed cash balance in the Storage
Fund account during the fiscal year involved. The rate of such
interest shall be determined by the Secretary of the Treasury
taking into consideration the average market yield during the
month preceding each fiscal year on outstanding marketable
obligations of the United States of comparable maturity.
Interest payments may be deferred with the approval of the
Secretary of the Treasury, but any interest payments so
deferred shall themselves bear interest.
[Sec. 137. (a) Transportation.--(1) Transportation of spent
nuclear fuel under section 136(a) shall be subject to licensing
and regulation by the Commission and by the Secretary of
Transportation as provided for transportation of commercial
spent nuclear fuel under existing law.
[(2) The Secretary, in providing for the transportation of
spent nuclear fuel under this Act, shall utilize by contract
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 of
the Secretary of Transportation, in consultation with the
Secretary, that private industry is unable or unwilling to
provide such transportation services at reasonable cost.
[Subtitle C--Monitored Retrievable Storage
[monitored retrievable storage
[Sec. 141. (a) Findings.--The Congress finds that--
[(1) long-term storage of high-level radioactive
waste or spent nuclear fuel in monitored retrievable
storage facilities is an option for providing safe and
reliable management of such waste or spent fuel;
[(2) the executive branch and the Congress should
proceed as expeditiously as possible to consider fully
a proposal for construction of one or more monitored
retrievable storage facilities to provide such long-
term storage;
[(3) the Federal Government has the responsibility to
ensure that site-specific designs for such facilities
are available as provided in this section;
[(4) the generators and owners of the high-level
radioactive waste and spent nuclear fuel to be stored
in such facilities have the responsibility to pay the
costs of the long-term storage of such waste and spent
fuel; and
[(5) disposal of high-level radioactive waste and
spent nuclear fuel in a repository developed under this
Act should proceed regardless of any construction of a
monitored retrievable storage facility pursuant to this
section.
[(b) Submission of Proposal by Secretary.--(1) On or before
June 1, 1985, the Secretary shall complete a detailed study of
the need for and feasibility of, and shall submit to the
Congress a proposal for, the construction of one or more
monitored retrievable storage facilities for high-level
radioactive waste and spent nuclear fuel. Each such facility
shall be designed--
[(A) to accommodate spent nuclear fuel and high-level
radioactive waste resulting from civilian nuclear
activities;
[(B) to permit continuous monitoring, management, and
maintenance of such spent fuel and waste for the
foreseeable future;
[(C) to provide for the ready retrieval of such spent
fuel and waste for further processing or disposal; and
[(D) to safely store such spent fuel and waste as
long as may be necessary by maintaining such facility
through appropriate means, including any required
replacement of such facility.
[(2) Such proposal shall include--
[(A) the establishment of a Federal program for the
siting, development, construction, and operation of
facilities capable of safely storing high-level
radioactive waste and spent nuclear fuel, which
facilities are to be licensed by the Commission;
[(B) a plan for the funding of the construction and
operation of such facilities, which plan shall provide
that the costs of such activities shall be borne by the
generators and owners of the high-level radioactive
waste and spent nuclear fuel to be stored in such
facilities;
[(C) site-specific designs, specifications, and cost
estimates sufficient to (i) solicit bids for the
construction of the first such facility; (ii) support
congressional authorization of the construction of such
facility; and (iii) enable completion and operation of
such facility as soon as practicable following
congressional authorization of such facility; and
[(D) a plan for integrating facilities constructed
pursuant to this section with other storage and
disposal facilities authorized in this Act.
[(3) In formulating such proposal, the Secretary shall
consult with the Commission and the Administrator, and shall
submit their comments on such proposal to the Congress at the
time such proposal is submitted.
[(4) The proposal shall include, for the first such facility,
at least 3 alternative sites and at least 5 alternative
combinations of such proposed sites and facility designs
consistent with the criteria of paragraph (b)(1). The Secretary
shall recommend the combination among the alternatives that the
Secretary deems preferable. The environmental assessment under
subsection (c) shall include a full analysis of the relative
advantages and disadvantages of all 5 such alternative
combinations of proposed sites and proposed facility designs.
[(c) Environmental Impact Statements.--(1) Preparation and
submission to the Congress of the proposal required in this
section shall not require the preparation of an environmental
impact statement under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). The
Secretary shall prepare, in accordance with regulations issued
by the Secretary implementing such Act, an environmental
assessment with respect to such proposal. Such environmental
assessment shall be based upon available information regarding
alternative technologies for the storage of spent nuclear fuel
and high-level radioactive waste. The Secretary shall submit
such environmental assessment to the Congress at the time such
proposal is submitted.
[(2) If the Congress by law, after review of the proposal
submitted by the Secretary under subsection (b), specifically
authorizes construction of a monitored retrievable storage
facility, the requirements of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) shall apply with respect
to construction of such facility, except that any environmental
impact statement prepared with respect to such facility shall
not be required to consider the need for such facility or any
alternative to the design criteria for such facility set forth
in subsection (b)(1).
[(d) Licensing.--Any facility authorized pursuant to this
section shall be subject to licensing under section 202(3) of
the Energy Reorganization Act of 1974 (42 U.S.C. 5842(3)). In
reviewing the application filed by the Secretary for licensing
of the first such facility, the Commission may not consider the
need for such facility or any alternative to the design
criteria for such facility set forth in subsection (b)(1).
[(e) Clarification.--Nothing in this section limits the
consideration of alternative facility designs consistent with
the criteria of paragraph (b)(1) in any environmental impact
statement, or in any licensing procedure of the Commission,
with respect to any monitored, retrievable facility authorized
pursuant to this section.
[(f) Impact Assistance.--(1) Upon receipt by the Secretary of
congressional authorization to construct a facility described
in subsection (b), the Secretary shall commence making annual
impact aid payments to appropriate units of general local
government in order to mitigate any social or economic impacts
resulting from the construction and subsequent operation of any
such facility within the jurisdictional boundaries of any such
unit.
[(2) Payments made available to units of general local
government under this subsection shall be--
[(A) allocated in a fair and equitable manner, with
priority given to units of general local government
determined by the Secretary to be most severely
affected; and
[(B) utilized by units of general local government
only for planning, construction, maintenance, and
provision of public services related to the siting of
such facility.
[(3) Such payments shall be subject to such terms and
conditions as the Secretary determines are necessary to ensure
achievement of the purposes of this subsection. The Secretary
shall issue such regulations as may be necessary to carry out
the provisions of this subsection.
[(4) Such payments shall be made available entirely from
funds held in the Nuclear Waste Fund established in section
302(c) and shall be available only to the extent provided in
advance in appropriation Acts.
[(5) The Secretary may consult with appropriate units of
general local government in advance of commencement of
construction of any such facility in an effort to determine the
level of payments each such unit is eligible to receive under
this subsection.
[(g) Limitation.--No monitored retrievable storage facility
developed pursuant to this section may be constructed in any
State in which there is located any site approved for site
characterization under section 112. The restriction in the
preceding sentence shall only apply until such time as the
Secretary decides that such candidate site is no longer a
candidate site under consideration for development as a
repository. Such restriction shall continue to apply to any
site selected for construction as a repository.
[(h) Participation of States and Indian Tribes.--Any facility
authorized pursuant to this section shall be subject to the
provisions of sections 115, 116(a), 116(b), 116(d), 117, and
118. For purposes of carrying out the provisions of this
subsection, any reference in sections 115 through 118 to a
repository shall be considered to refer to a monitored
retrievable storage facility.
[AUTHORIZATION OF MONITORED RETRIEVABLE STORAGE
[Sec. 142. (a) Nullification of Oak Ridge Siting
Proposal.--The proposal of the Secretary (EC-1022, 100th
Congress) to locate a monitored retrievable storage facility at
a site on the Clinch River in the Roane County portion of Oak
Ridge, Tennessee, with alternative sites on the Oak Ridge
Reservation of the Department of Energy and on the former site
of a proposed nuclear powerplant in Hartsville, Tennessee, is
annulled and revoked. In carrying out the provisions of
sections 144 and 145, the Secretary shall make no presumption
or preference to such sites by reason of their previous
selection.
[(b) Authorization.--The Secretary is authorized to site,
construct, and operate one monitored retrievable storage
facility subject to the conditions described in sections 143
through 149.
[MONITORED RETRIEVABLE STORAGE COMMISSION
[Sec. 143. (a) Establishment.--(1)(A) There is established
a Monitored Retrievable Storage Review Commission (hereinafter
in this section referred to as the ``MRS Commission''), that
shall consist of 3 members who shall be appointed by and serve
at the pleasure of the President pro tempore of the Senate and
the Speaker of the House of Representatives.
[(B) Members of the MRS Commission shall be appointed not
later than 30 days after the date of the enactment of the
Nuclear Waste Policy Amendments Act of 1987 from among persons
who as a result of training, experience and attainments are
exceptionally well qualified to evaluate the need for a
monitored retrievable storage facility as a part of the
Nation's nuclear waste management system.
[(C) The MRS Commission shall prepare a report on the need
for a monitored retrievable storage facility as a part of a
national nuclear waste management system that achieves the
purposes of this Act. In preparing the report under this
subparagraph, the MRS Commission shall--
[(i) review the status and adequacy of the
Secretary's evaluation of the systems advantages and
disadvantages of bringing such a facility into the
national nuclear waste disposal system;
[(ii) obtain comment and available data on monitored
retrievable storage from affected parties, including
States containing potentially acceptable sites;
[(iii) evaluate the utility of a monitored
retrievable storage facility from a technical
perspective; and
[(iv) make a recommendation to Congress as to whether
such a facility should be included in the national
nuclear waste management system in order to achieve the
purposes of this Act, including meeting needs for
packaging and handling of spent nuclear fuel, improving
the flexibility of the repository development schedule,
and providing temporary storage of spent nuclear fuel
accepted for disposal.
[(2) In preparing the report and making its recommendation
under paragraph (1) the MRS Commission shall compare such a
facility to the alternative of at-reactor storage of spent
nuclear fuel prior to disposal of such fuel in a repository
under this Act. Such comparison shall take into consideration
the impact on--
[(A) repository design and construction;
[(B) waste package design, fabrication and
standardization;
[(C) waste preparation;
[(D) waste transportation systems;
[(E) the reliability of the national system for the
disposal of radioactive waste;
[(F) the ability of the Secretary to fulfill
contractual commitments of the Department under this
Act to accept spent nuclear fuel for disposal; and
[(G) economic factors, including the impact on the
costs likely to be imposed on ratepayers of the
Nation's electric utilities for temporary at-reactor
storage of spent nuclear fuel prior to final disposal
in a repository, as the costs likely to be imposed on
ratepayers of the Nation's electric utilities in
building and operating such a facility.
[(3) The report under this subsection, together with the
recommendation of the MRS Commission, shall be transmitted to
Congress on November 1, 1989.
[(4)(A)(i) Each member of the MRS Commission shall be paid
at the rate provided for level III of the Executive Schedule
for each day (including travel time) such member is engaged in
the work of the MRS Commission, and shall receive travel
expenses, including per diem in lieu of subsistence in the same
manner as is permitted under sections 5702 and 5703 of title 5,
United States Code.
[(ii) The MRS Commission may appoint and fix compensation,
not to exceed the rate of basic pay payable for GS-18 of the
General Schedule, for such staff as may be necessary to carry
out its functions.
[(B)(i) The MRS Commission may hold hearings, sit and act
at such times and places, take such testimony and receive such
evidence as the MRS Commission considers appropriate. Any
member of the MRS Commission may administer oaths or
affirmations to witnesses appearing before the MRS Commission.
[(ii) The MRS Commission may request any Executive agency,
including the Department, to furnish such assistance or
information, including records, data, files, or documents, as
the Commission considers necessary to carry out its functions.
Unless prohibited by law, such agency shall promptly furnish
such assistance or information.
[(iii) To the extent permitted by law, the Administrator of
the General Services Administration shall, upon request of the
MRS Commission, provide the MRS Commission with necessary
administrative services, facilities, and support on a
reimbursable basis.
[(iv) The MRS Commission may procure temporary and
intermittent services from experts and consultants to the same
extent as is authorized by section 3109(b) of title 5, United
States Code, at rates and under such rules as the MRS
Commission considers reasonable.
[(C) The MRS Commission shall cease to exist 60 days after
the submission to Congress of the report required under this
subsection.
[SURVEY
[Sec. 144. After the MRS Commission submits its report to
the Congress under section 143, the Secretary may conduct a
survey and evaluation of potentially suitable sites for a
monitored retrievable storage facility. In conducting such
survey and evaluation, the Secretary shall consider the extent
to which siting a monitored retrievable storage facility at
each site surveyed would--
[(1) enhance the reliability and flexibility of the
system for the disposal of spent nuclear fuel and high-
level radioactive waste established under this Act;
[(2) minimize the impacts of transportation and
handling of such fuel and waste;
[(3) provide for public confidence in the ability of
such system to safely dispose of the fuel and waste;
[(4) impose minimal adverse effects on the local
community and the local environment;
[(5) provide a high probability that the facility
will meet applicable environmental, health, and safety
requirements in a timely fashion;
[(6) provide such other benefits to the system for
the disposal of spent nuclear fuel and high-level
radioactive waste as the Secretary deems appropriate;
and
[(7) unduly burden a State in which significant
volumes of high-level radioactive waste resulting from
atomic energy defense activities are stored.
[Site Selection
[Sec. 145. (a) In General.--The Secretary may select the
site evaluated under section 144 that the Secretary determines
on the basis of available information to be the most suitable
for a monitored retrievable storage facility that is an
integral part of the system for the disposal of spent nuclear
fuel and high-level radioactive waste established under this
Act.
[(b) Limitation.--The Secretary may not select a site under
subsection (a) until the Secretary recommends to the President
the approval of a site for development as a repository under
section 114(a).
[(c) Site Specific Activities.--The Secretary may conduct
such site specific activities at each site surveyed under
section 144 as he determines may be necessary to support an
application to the Commission for a license to construct a
monitored retrievable storage facility at such site.
[(d) Environmental Assessment.--Site specific activities
and selection of a site under this section shall not require
the preparation of an environmental impact statement under
section 102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)). The Secretary shall prepare an
environmental assessment with respect to such selection in
accordance with regulations issued by the Secretary
implementing such Act. Such environmental assessment shall be
based upon available information regarding alternative
technologies for the storage of spent nuclear fuel and high-
level radioactive waste. The Secretary shall submit such
environmental assessment to the Congress at the time such site
is selected.
[(e) Notification Before Selection.--(1) At least 6 months
before selecting a site under subsection (a), the Secretary
shall notify the Governor and legislature of the State in which
such site is located, or the governing body of the affected
Indian tribe where such site is located, as the case may be, of
such potential selection and the basis for such selection.
[(2) Before selecting any site under subsection (a), the
Secretary shall hold at least one public hearing in the
vicinity of such site to solicit any recommendations of
interested parties with respect to issues raised by the
selection of such site.
[(f) Notification of Selection.--The Secretary shall
promptly notify Congress and the appropriate State or Indian
tribe of the selection under subsection (a).
[(g) Limitation.--No monitored retrievable storage facility
authorized pursuant to section 142(b) may be constructed in the
State of Nevada.
[NOTICE OF DISAPPROVAL
[Sec. 146. (a) In General.--The selection of a site under
section 145 shall be effective at the end of the period of 60
calendar days beginning on the date of notification under such
subsection, unless the governing body of the Indian tribe on
whose reservation such site is located, or, if the site is not
on a reservation, the Governor and the legislature of the State
in which the site is located, has submitted to Congress a
notice of disapproval with respect to such site. If any such
notice of disapproval has been submitted under this subsection,
the selection of the site under section 145 shall not be
effective except as provided under section 115(c).
[(b) References.--For purposes of carrying out the
provisions of this subsection, references in section 115(c) to
a repository shall be considered to refer to a monitored
retrievable storage facility and references to a notice of
disapproval of a repository site designation under section
116(b) or 118(a) shall be considered to refer to a notice of
disapproval under this section.
[benefits agreement
[Sec. 147. Once selection of a site for a monitored
retrievable storage facility is made by the Secretary under
section 145, the Indian tribes on whose reservation the site is
located, or, in the case that the site is not located on a
reservation, the State in which the site is located, shall be
eligible to enter into a benefits agreement with the Secretary
under section 170.
[construction authorization
[Sec. 148. (a) Environmental Impact Statement.--(1) Once
the selection of a site is effective under section 146, the
requirements of the National Environmental Policy Act of 1969
(42 U.S.C 4321 et seq.) shall apply with respect to
construction of a monitored retrievable storage facility,
except that any environmental impact statement prepared with
respect to such facility shall not be required to consider the
need for such facility or any alternative to the design
criteria for such facility set forth in section 141(b)(1).
[(2) Nothing in this section shall be construed to limit
the consideration of alternative facility designs consistent
with the criteria described in section 141(b)(1) in any
environmental impact statement, or in any licensing procedure
of the Commission, with respect to any monitored retrievable
storage facility authorized under section 142(b).
[(b) Application for Construction License.--Once the
selection of a site for a monitored retrievable storage
facility is effective under section 146, the Secretary may
submit an application to the Commission for a license to
construct such a facility as part of an integrated nuclear
waste management system and in accordance with the provisions
of this section and applicable agreements under this Act
affecting such facility.
[(c) Licensing.--Any monitored retrievable storage facility
authorized pursuant to section 142(b) shall be subject to
licensing under section 202(3) of the Energy Reorganization Act
of 1974 (42 U.S.C. 5842(3)). In reviewing the application filed
by the Secretary for licensing of such facility, the Commission
may not consider the need for such facility or any alternative
to the design criteria for such facility set forth in section
141(b)(1).
[(d) Licensing Conditions.--Any license issued by the
Commission for a monitored retrievable storage facility under
this section shall provide that--
[(1) construction of such facility may not begin
until the Commission has issued a license for the
construction of a repository under section 115(d);
[(2) construction of such facility or acceptance of
spent nuclear fuel or high-level radioactive waste
shall be prohibited during such time as the repository
license is revoked by the Commission or construction of
the repository ceases;
[(3) the quantity of spent nuclear fuel or high-level
radioactive waste at the site of such facility at any
one time may not exceed 10,000 metric tons of heavy
metal until a repository under this Act first accepts
spent nuclear fuel or solidified high-level radioactive
waste; and
[(4) the quantity of spent nuclear fuel or high-level
radioactive waste at the site of such facility at any
one time may not exceed 15,000 metric tons of heavy
metal.
[financial assistance
[Sec. 149. The provisions of section 116(c) or 118(b) with
respect to grants, technical assistance, and other financial
assistance shall apply to the State, to affected Indian tribes
and to affected units of local government in the case of a
monitored retrievable storage facility in the same manner as
for a repository.
[Subtitle D--Low-Level Radioactive Waste
[financial arrangements for low-level radioactive waste site closure
[Sec. 151. (a) Financial Arrangements.--(1) The Commission
shall establish by rule, regulation, or order, after public
notice, and in accordance with section 181 of the Atomic Energy
Act of 1954 (42 U.S.C. 2231), such standards and instructions
as the Commission may deem necessary or desirable to ensure in
the case of each license for the disposal of low-level
radioactive waste that an adequate bond, surety, or other
financial arrangement (as determined by the Commission) will be
provided by a licensee to permit completion of all requirements
established by the Commission for the decontamination,
decommissioning, site closure, and reclamation of sites,
structures, and equipment used in conjunction with such low-
level radioactive waste. Such financial arrangements shall be
provided and approved by the Commission, or, in the case of
sites within the boundaries of any agreement State under
section 274 of the Atomic Energy Act of 1954 (42 U.S.C. 2021),
by the appropriate State or State entity, prior to issuance of
licenses for low-level radioactive waste disposal or, in the
case of licenses in effect on the date of the enactment of this
Act, prior to termination of such licenses.
[(2) If the Commission determines that any long-term
maintenance or monitoring, or both, will be necessary at a site
described in paragraph (1), the Commission shall ensure before
termination of the license involved that the licensee has made
available such bonding, surety, or other financial arrangements
as may be necessary to ensure that any necessary long-term
maintenance or monitoring needed for such site will be carried
out by the person having title and custody for such site
following license termination.
[(b) Title and Custody.--(1) The Secretary shall have
authority to assume title and custody of low-level radioactive
waste and the land on which such waste is disposed of, upon
request of the owner of such waste and land and following
termination of the license issued by the Commission for such
disposal, if the Commission determines that--
[(A) the requirements of the Commission for site
closure, decommissioning, and decontamination have been
met by the licensee involved and that such licensee is
in compliance with the provisions of subsection (a);
[(B) such title and custody will be transferred to
the Secretary without cost to the Federal Government;
and
[(C) Federal ownership and management of such site is
necessary or desirable in order to protect the public
health and safety, and the environment.
[(2) If the Secretary assumes title and custody of any such
waste and land under this subsection, the Secretary shall
maintain such waste and land in a manner that will protect the
public health and safety, and the environment.
[(c) Special Sites.--If the low-level radioactive waste
involved is the result of a licensed activity to recover
zirconium, hafnium, and rare earths from source material, the
Secretary, upon request of the owner of the site involved,
shall assume title and custody of such waste and the land on
which it is disposed when such site has been decontaminated and
stabilized in accordance with the requirements established by
the Commission and when such owner has made adequate financial
arrangements approved by the Commission for the long-term
maintenance and monitoring of such site.
[Subtitle E--Redirection of the Nuclear Waste Program
[selection of yucca mountain site
[Sec. 160. (a) In General.--(1) The Secretary shall provide
for an orderly phase-out of site specific activities at all
candidate sites other than the Yucca Mountain site.
[(2) The Secretary shall terminate all site specific
activities (other than reclamation activities) at all candidate
sites, other than the Yucca Mountain site, within 90 days after
the date of enactment of the Nuclear Waste Policy Amendments
Act of 1987.
[(b) Effective on the date of enactment of the Nuclear
Waste Policy Amendments Act of 1987, the State of Nevada shall
be eligible to enter into a benefits agreement with the
Secretary under section 170.
[siting a second repository
[Sec. 161. (a) Congressional Action Required.--The
Secretary may not conduct site-specific activities with respect
to a second repository unless Congress has specifically
authorized and appropriated funds for such activities.
[(b) Report.--The Secretary shall report to the President
and to Congress on or after January 1, 2007, but not later than
January 1, 2010, on the need for a second repository.
[(c) Termination of Granite Research.--Not later than 6
months after the date of the enactment of the Nuclear Waste
Policy Amendments Act of 1987, \1\ the Secretary shall phase
out in an orderly manner funding for all research programs in
existence on such date of enactment designated to evaluate the
suitability of crystalline rock as a potential repository host
medium.
[(d) Additional Siting Criteria.--In the event that the
Secretary at any time after such date of enactment considers
any sites in crystalline rock for characterization or selection
as a repository, the Secretary shall consider (as a supplement
to the siting guidelines under section 112) such potentially
disqualifying factors as--
[(1) seasonally increases in population;
[(2) proximity to public drinking water supplies,
including those of metropolitan areas; and
[(3) the impact that characterization or siting
decisions would have on lands owned or placed in trust
by the United States for Indian tribes.
[Subtitle F--Benefits
[BENEFITS AGREEMENTS
[Sec. 170. (a) In General.--(1) The Secretary may enter
into a benefits agreement with the State of Nevada concerning a
repository or with a State or an Indian tribe concerning a
monitored retrievable storage facility for the acceptance of
high-level radioactive waste or spent nuclear fuel in that
State or on the reservation of that tribe, as appropriate.
[(2) The State or Indian tribe may enter into such an
agreement only if the State Attorney General or the appropriate
governing authority of the Indian tribe or the Secretary of the
Interior, in the absence of an appropriate governing authority,
as appropriate, certifies to the satisfaction of the Secretary
that the laws of the State or Indian tribe provide adequate
authority for that entity to enter into the benefits agreement.
[(3) Any benefits agreement with a State under this section
shall be negotiated in consultation with affected units of
local government in such State.
[(4) Benefits and payments under this subtitle may be made
available only in accordance with a benefits agreement under
this section.
[(b) Amendment.--A benefits agreement entered into under
subsection (a) may be amended only by the mutual consent of the
parties to the agreement and terminated only in accordance with
section 173.
[(c) Agreement With Nevada.--The Secretary shall offer to
enter into a benefits agreement with the Governor of Nevada.
Any benefits agreement with a State under this subsection shall
be negotiated in consultation with any affected units of local
government in such State.
[(d) Monitored Retrievable Storage.--The Secretary shall
offer to enter into a benefits agreement relating to a
monitored retrievable storage facility with the governing body
of the Indian tribe on whose reservation the site for such
facility is located, or, if the site is not located on a
reservation, with the Governor of the State in which the site
is located and in consultation with affected units of local
government in such State.
[(e) Limitation.--Only one benefits agreement for a
repository and only one benefits agreement for a monitored
retrievable storage facility may be in effect at any one time.
[(f) Judicial Review.--Decisions of the Secretary under
this section are not subject to judicial review.
[CONTENT OF AGREEMENTS
[Sec. 171. (a) In General.--(1) In addition to the benefits
to which a State, an affected unit of local government or
Indian tribe is entitled under title I, the Secretary shall
make payments to a State or Indian tribe that is a party to a
benefits agreement under section 170 in accordance with the
following schedule:
[BENEFITS SCHEDULE
[Amounts in millions]
------------------------------------------------------------------------
Event MRS Repository
------------------------------------------------------------------------
(A) Annual payments prior to first spent fuel
receipt......................................... $5 $10
(B) Upon first spent fuel receipt................ 10 20
(C) Annual payments after first spent fuel
receipt until closure of the facility........... 10 20
------------------------------------------------------------------------
[(2) For purposes of this section, the term--
[(A) ``MRS'' means a monitored retrievable storage
facility,
[(B) ``spent fuel'' means high-level radioactive
waste or spent nuclear fuel, and
[(C) ``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 prior to first spent fuel receipt
under paragraph (1)(A) shall be made on the date of execution
of the benefits agreement and thereafter on the anniversary
date of such execution. Annual payments after the first spent
fuel receipt until closure of the facility under paragraph
(1)(C) shall be made on the anniversary date of such first
spent fuel receipt.
[(4) If the first spent fuel payment under paragraph (1)(B)
is made within six months after the last annual payment prior
to the receipt of spent fuel under paragraph (1)(A), such first
spent fuel payment under paragraph (1)(B) shall be reduced by
an amount equal to one-twelfth of such annual payment under
paragraph (1)(A) for each full month less than six that has not
elapsed since the last annual payment under paragraph (1)(A).
[(5) Notwithstanding paragraph (1), (2), or (3), no payment
under this section may be made before January 1, 1989, and any
payment due under this title before January 1, 1989, shall be
made on or after such date.
[(6) Except as provided in paragraph (7), the Secretary may
not restrict the purposes for which the payments under this
section may be used.
[(7)(A) Any State receiving a payment under this section
shall transfer an amount equal to not less than one-third of
the amount of such payment to affected units of local
government of such State.
[(B) A plan for this transfer and appropriate allocation of
such portion among such governments shall be included in the
benefits agreement under section 170 covering such payments.
[(C) In the event of a dispute concerning such plan, the
Secretary shall resolve such dispute, consistent with this Act
and applicable State law.
[(b) Contents.--A benefits agreement under section 170
shall provide that--
[(1) a Review Panel be established in accordance with
section 172;
[(2) the State or Indian tribe that is party to such
agreement waive its rights under title I to disapprove
the recommendation of a site for a repository;
[(3) the parties to the agreement shall share with
one another information relevant to the licensing
process for the repository or monitored retrievable
storage facility, as it becomes available;
[(4) the State or Indian tribe that is party to such
agreement participate in the design of the repository
or monitored retrievable storage facility and in the
preparation of documents required under law or
regulations governing the effects of the facility on
the public health and safety; and
[(5) the State or Indian tribe waive its rights, if
any, to impact assistance under sections
116(c)(1)(B)(ii), 116(c)(2), 118(b)(2)(A)(ii), and
118(b)(3).
[(c) The Secretary shall make payments to the States or
affected Indian tribes under a benefits agreement under this
section from the Waste Fund. 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.
[review panel
[Sec. 172. (a) In General.--The Review Panel required to be
established by section 171(b)(1) of this Act shall consist of a
Chairman selected by the Secretary in consultation with the
Governor of the State or governing body of the Indian tribe, as
appropriate, that is party to such agreement and 6 other
members as follows:
[(1) 2 members selected by the Governor of such State
or governing body of such Indian tribe;
[(2) 2 members selected by units of local government
affected by the repository or monitored retrievable
storage facility;
[(3) 1 member to represent persons making payments
into the Waste Fund, to be selected by the Secretary;
and
[(4) 1 member to represent other public interests, to
be selected by the Secretary.
[(b) Terms.--(1) The members of the Review Panel shall
serve for terms of 4 years each.
[(2) Members of the Review Panel who are not full-time
employees of the Federal Government, shall receive a per diem
compensation for each day spent conducting work of the Review
Panel, including their necessary travel or other expenses while
engaged in the work of the Review Panel.
[(3) Expenses of the Panel shall be paid by the Secretary
from the Waste Fund.
[(c) Duties.--The Review Panel shall--
[(1) advise the Secretary on matters relating to the
proposed repository or monitored retrievable storage
facility, including issues relating to design,
construction, operation, and decommissioning of the
facility;
[(2) evaluate performance of the repository or
monitored retrievable storage facility, as it considers
appropriate;
[(3) recommend corrective actions to the Secretary;
[(4) assist in the presentation of State or affected
Indian tribe and local perspectives to the Secretary;
and
[(5) participate in the planning for and the review
of preoperational data on environmental, demographic,
and socioeconomic conditions of the site and the local
community.
[(d) Information.--The Secretary shall promptly make
available promptly any information in the Secretary's
possession requested by the Panel or its Chairman.
[(e) Federal Advisory Committee Act.--The requirements of
the Federal Advisory Committee Act shall not apply to a Review
Panel established under this title.
[termination
[Sec. 173. (a) In General.--The Secretary may terminate a
benefits agreement under this title if--
[(1) the site under consideration is disqualified for
its failure to comply with guidelines and technical
requirements established by the Secretary in accordance
with this Act; or
[(2) the Secretary determines that the Commission
cannot license the facility within a reasonable time.
[(b) Termination by State or Indian Tribe.--A State or
Indian tribe may terminate a benefits agreement under this
title only if the Secretary disqualifies the site under
consideration for its failure to comply with technical
requirements established by the Secretary in accordance with
this Act or the Secretary determines that the Commission cannot
license the facility within a reasonable time.
[(c) Decisions of the Secretary.--Decisions of the
Secretary under this section shall be in writing, shall be
available to Congress and the public, and are not subject to
judicial review.
[Subtitle G--Other Benefits
[consideration in siting facilities
[Sec. 174. The Secretary, in siting Federal research
projects, shall give special consideration to proposals from
States where a repository is located.
[report
[Sec. 175. (a) In General.--Within one year of the date of
the enactment of the Nuclear Waste Policy Amendments Act of
1987, the Secretary shall report to Congress on the potential
impacts of locating a repository at the Yucca Mountain site,
including the recommendations of the Secretary for mitigation
of such impacts and a statement of which impacts should be
dealt with by the Federal Government, which should be dealt
with by the State with State resources, including the benefits
payments under section 171, and which should be a joint
Federal-State responsibility. The report under this subsection
shall include the analysis of the Secretary of the authorities
available to mitigate these impacts and the appropriate sources
of funds for such mitigation.
[(b) Impacts To Be Considered.--Potential impacts to be
addressed in the report under this subsection (a) shall include
impacts on--
[(1) education, including facilities and personnel
for elementary and secondary schools, community
colleges, vocational and technical schools and
universities;
[(2) public health, including the facilities and
personnel for treatment and distribution of water, the
treatment of sewage, the control of pests and the
disposal of solid waste;
[(3) law enforcement, including facilities and
personnel for the courts, police and sheriff's
departments, district attorneys and public defenders
and prisons;
[(4) fire protection, including personnel, the
construction of fire stations, and the acquisition of
equipment;
[(5) medical care, including emergency services and
hospitals;
[(6) cultural and recreational needs, including
facilities and personnel for libraries and museums and
the acquisition and expansion of parks;
[(7) distribution of public lands to allow for the
timely expansion of existing, or creation of new,
communities and the construction of necessary
residential and commercial facilities;
[(8) vocational training and employment services;
[(9) social services, including public assistance
programs, vocational and physical rehabilitation
programs, mental health services, and programs relating
to the abuse of alcohol and controlled substances;
[(10) transportation, including any roads, terminals,
airports, bridges, or railways associated with the
facility and the repair and maintenance of roads,
terminals, airports, bridges, or railways damaged as a
result of the construction, operation, and closure of
the facility;
[(11) equipment and training for State and local
personnel in the management of accidents involving
high-level radioactive waste;
[(12) availability of energy;
[(13) tourism and economic development, including the
potential loss of revenue and future economic growth;
and
[(14) other needs of the State and local governments
that would not have arisen but for the characterization
of the site and the constructions operation, and
eventual closure of the repository facility.
[Subtitle H--Transportation
[transportation
[Sec. 180. (a) No spent nuclear fuel or high-level
radioactive waste may be transported by or for the Secretary
under subtitle A or under subtitle C except in packages that
have been certified for such purposes by the Commission.
[(b) The Secretary shall abide by regulations of the
Commission regarding advance notification of State and local
governments prior to transportation of spent nuclear fuel or
high-level radioactive waste under subtitle A or under subtitle
C.
[(c) The Secretary shall provide technical assistance and
funds to States for training for public safety officials of
appropriate units of local government and Indian tribes through
whose jurisdiction the Secretary plans to transport spent
nuclear fuel or high-level radioactive waste under subtitle A
or under subtitle C. Training shall cover procedures required
for safe routine transportation of these materials, as well as
procedures for dealing with emergency response situations. The
Waste Fund shall be the source of funds for work carried out
under this subsection.
[TITLE II--RESEARCH, DEVELOPMENT, AND DEMONSTRATION REGARDING DISPOSAL
OF HIGH-LEVEL RADIOACTIVE WASTE AND SPENT NUCLEAR FUEL
[purpose
[Sec. 211. It is the purpose of this title--
[(1) to provide direction to the Secretary with
respect to the disposal of high-level radioactive waste
and spent nuclear fuel;
[(2) to authorize the Secretary, pursuant to this
title--
[(A) to provide for the construction,
operation, and maintenance of a deep geologic
test and evaluation facility; and
[(B) to provide for a focused and integrated
high-level radioactive waste and spent nuclear
fuel research and development program,
including the development of a test and
evaluation facility to carry out research and
provide an integrated demonstration of the
technology for deep geologic disposal of high-
level radioactive waste, and the development of
the facilities to demonstrate dry storage of
spent nuclear fuel; and
[(3) to provide for an improved cooperative role
between the Federal Government and States, affected
Indian tribes, and units of general local government in
the siting of a test and evaluation facility.
[applicability
[Sec. 212. The provisions of this title are subject to
section 8 and shall not apply to facilities that are used for
the disposal of high-level radioactive waste, low-level
radioactive waste, transuranic waste, or spent nuclear fuel
resulting from atomic energy defense activities.
[identification of Sites
[Sec. 213. (a) Guidelines.--Not later than 6 months after the
date of the enactment of this Act and notwithstanding the
failure of other agencies to promulgate standards pursuant to
applicable law, the Secretary, in consultation with the
Commission, the Director of the Geological Survey, the
Administrator, the Council on Environmental Quality, and such
other Federal agencies as the Secretary considers appropriate,
is authorized to issue, pursuant to section 553 of title 5,
United States Code, general guidelines for the selection of a
site for a test and evaluation facility. Under such guidelines
the Secretary shall specify factors that qualify or disqualify
a site for development as a test and evaluation facility,
including factors pertaining to the location of valuable
natural resources, hydrogeophysics, seismic activity, and
atomic energy defense activities, proximity to water supplies,
proximity to populations, the effect upon the rights of users
of water, and proximity to components of the National Park
System, the National Wildlife Refuge System, the National Wild
and Scenic Rivers System, the National Wilderness Preservation
System, or National Forest Lands. Such guidelines shall require
the Secretary to consider the various geologic media in which
the site for a test and evaluation facility may be located and,
to the extent practicable, to identify sites in different
geologic media. The Secretary shall use guidelines established
under this subsection in considering and selecting sites under
this title.
[(b) Site Identification by the Secretary.--(1) Not later
than 1 year after the date of the enactment of this Act, and
following promulgation of guidelines under subsection (a), the
Secretary is authorized to identify 3 or more sites, at least 2
of which shall be in different geologic media in the
continental United States, and at least 1 of which shall be in
media other than salt. Subject to Commission requirements, the
Secretary shall give preference to sites for the test and
evaluation facility in media possessing geochemical
characteristics that retard aqueous transport of radionuclides.
In order to provide a greater possible protection of public
health and safety as operating experience is gained at the test
and evaluation facility, and with the exception of the primary
areas under review by the Secretary on the date of the
enactment of this Act for the location of a test and evaluation
facility or repository, all sites identified under this
subsection shall be more than 15 statute miles from towns
having a population of greater than 1,000 persons as determined
by the most recent census unless such sites contain high-level
radioactive waste prior to identification under this title.
Each identification of a site shall be supported by an
environmental assessment, which shall include a detailed
statement of the basis for such identification and of the
probable impacts of the siting research activities planned for
such site, and a discussion of alternative activities relating
to siting research that may be undertaken to avoid such
impacts. Such environmental assessment shall include--
[(A) an evaluation by the Secretary as to whether
such site is suitable for siting research under the
guidelines established under subsection (a);
[(B) an evaluation by the Secretary of the effects of
the siting research activities at such site on the
public health and safety and the environment;
[(C) a reasonable comparative evaluation by the
Secretary of such site with other sites and locations
that have been considered;
[(D) a description of the decision process by which
such site was recommended; and
[(E) an assessment of the regional and local impacts
of locating the proposed test and evaluation facility
at such site.
[(2) When the Secretary identifies a site, the Secretary
shall as soon as possible notify the Governor of the State in
which such site is located, or the governing body of the
affected Indian tribe where such site is located, of such
identification and the basis of such identification. Additional
sites for the location of the test and evaluation facility
authorized in section 302(d) may be identified after such 1
year period, following the same procedure as if such sites had
been identified within such period.
[siting research and related activities
[Sec. 214. (a) In General.--Not later than 30 months after
the date on which the Secretary completes the identification of
sites under section 213, the Secretary is authorized to
complete sufficient evaluation of 3 sites to select a site for
expanded siting research activities and for other activities
under section 218. The Secretary is authorized to conduct such
preconstruction activities relative to such site selection for
the test and evaluation facility as he deems appropriate.
Additional sites for the location of the test and evaluation
facility authorized in section 302(d) may be evaluated after
such 30-month period, following the same procedures as if such
sites were to be evaluated within such period.
[(b) Public Meetings and Environmental Assessment.--Not later
than 6 months after the date on which the Secretary completes
the identification of sites under section 213, and before
beginning siting research activities, the Secretary shall hold
at least 1 public meeting in the vicinity of each site to
inform the residents of the area of the activities to be
conducted at such site and to receive their views.
[(c) Restrictions.--Except as provided in section 218 with
respect to a test and evaluation facility, in conducting siting
research activities pursuant to subsection (a)--
[(1) the Secretary shall use the minimum quantity of
high-level radioactive waste or other radioactive
materials, if any, necessary to achieve the test or
research objectives;
[(2) the Secretary shall ensure that any radioactive
material used or placed on a site shall be fully
retrievable; and
[(3) upon termination of siting research activities
at a site for any reason, the Secretary shall remove
any radioactive material at or in the site as promptly
as practicable.
[(d) Title to Material.--The Secretary may take title, in the
name of the Federal Government, to the high-level radioactive
waste, spent nuclear fuel, or other radioactive material
emplaced in a test and evaluation facility. If the Secretary
takes title to any such material, the Secretary shall enter
into the appropriate financial arrangements described in
subsection (a) or (b) of section 302 for the disposal of such
material.
[test and evaluation facility siting review and reports
[Sec. 215. (a) Consultation and Cooperation.--The Governor of
a State, or the governing body of an affected Indian tribe,
notified of a site identification under section 213 shall have
the right to participate in a process of consultation and
cooperation as soon as the site involved has been identified
pursuant to such section and throughout the life of the test
and evaluation facility. For purposes of this section, the term
``process of consultation and cooperation'' means a
methodology--
[(1) by which the Secretary--
[(A) keeps the Governor or governing body
involved fully and currently informed about any
potential economic or public health and safety
impacts in all stages of the siting,
development, construction, and operation of a
test and evaluation facility;
[(B) solicits, receives, and evaluates
concerns and objections of such Governor or
governing body with regard to such test and
evaluation facility on an ongoing basis; and
[(C) works diligently and cooperatively to
resolve such concerns and objections; and
[(2) by which the State or affected Indian tribe
involved can exercise reasonable independent monitoring
and testing of onsite activities related to all stages
of the siting, development, construction and operation
of the test and evaluation facility, except that any
such monitoring and testing shall not unreasonably
interfere with onsite activities.
[(b) Written Agreements.--The Secretary shall enter into
written agreements with the Governor of the State in which an
identified site is located or with the governing body of any
affected Indian tribe where an identified site is located in
order to expedite the consultation and cooperation process. Any
such written agreement shall specify--
[(1) procedures by which such Governor or governing
body may study, determine, comment on, and make
recommendations with regard to the possible health,
safety, and economic impacts of the test and evaluation
facility;
[(2) procedures by which the Secretary shall consider
and respond to comments and recommendations made by
such Governor or governing body, including the period
in which the Secretary shall so respond;
[(3) the documents the Department is to submit to
such Governor or governing body, the timing for such
submissions, the timing for such Governor or governing
body to identify public health and safety concerns and
the process to be followed to try to eliminate those
concerns;
[(4) procedures by which the Secretary and either
such Governor or governing body may review or modify
the agreement periodically; and
[(5) procedures for public notification of the
procedures specified under subparagraphs (A) through
(D).
[(c) Limitation.--Except as specifically provided in this
section, nothing in this title is intended to grant any State
or affected Indian tribe any authority with respect to the
siting, development, or loading of the test and evaluation
facility.
[federal agency actions
[Sec. 216. (a) Cooperation and Coordination.--Federal
agencies shall assist the Secretary by cooperating and
coordinating with the Secretary in the preparation of any
necessary reports under this title and the mission plan under
section 301.
[(b) Environmental Review.--(1) No action of the Secretary or
any other Federal agency required by this title or section 301
with respect to a test and evaluation facility to be taken
prior to the initiation of onsite construction of a test and
evaluation facility shall require the preparation of an
environmental impact statement under section 102(2)(C) of the
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), or to
require the preparation of environmental reports, except as
otherwise specifically provided for in this title.
[(2) The Secretary and the heads of all other Federal
agencies shall, to the maximum extent possible, avoid
duplication of efforts in the preparation of reports under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
[research and development on disposal of high-level radioactive waste
[Sec. 217. (a) Purpose.--Not later than 64 months after the
date of the enactment of this Act, the Secretary is authorized
to, to the extent practicable, begin at a site evaluated under
section 214, as part of and as an extension of siting research
activities of such site under such section, the mining and
construction of a test and evaluation facility. Prior to the
mining and construction of such facility, the Secretary shall
prepare an environmental assessment. The purpose of such
facility shall be--
[(1) to supplement and focus the repository site
characterization process;
[(2) to provide the conditions under which known
technological components can be integrated to
demonstrate a functioning repository-like system;
[(3) to provide a means of identifying, evaluating,
and resolving potential repository licensing issues
that could not be resolved during the siting research
program conducted under section 212;
[(4) to validate, under actual conditions, the
scientific models used in the design of a repository;
[(5) to refine the design and engineering of
repository components and systems and to confirm the
predicted behavior of such components and systems;
[(6) to supplement the siting data, the generic and
specific geological characteristics developed under
section 214 relating to isolating disposal materials in
the physical environment of a repository;
[(7) to evaluate the design concepts for packaging,
handling, and emplacement of high-level radioactive
waste and spent nuclear fuel at the design rate; and
[(8) to establish operating capability without
exposing workers to excessive radiation.
[(b) Design.--The Secretary shall design each test and
evaluation facility--
[(1) to be capable of receiving not more than 100
full-sized canisters of solidified high-level
radioactive waste (which canisters shall not exceed an
aggregate weight of 100 metric tons), except that spent
nuclear fuel may be used instead of such waste if such
waste cannot be obtained under reasonable conditions;
[(2) to permit full retrieval of solidified high-
level radioactive waste, or other radioactive material
used by the Secretary for testing, upon completion of
the technology demonstration activities; and
[(3) based upon the principle that the high-level
radioactive waste, spent nuclear fuel, or other
radioactive material involved shall be isolated from
the biosphere in such a way that the initial isolation
is provided by engineered barriers functioning as a
system with the geologic environment.
[(c) Operation.--(1) Not later than 88 months after the date
of the enactment of this Act, the Secretary shall begin an in
situ testing program at the test and evaluation facility in
accordance with the mission plan developed under section 301,
for purposes of--
[(A) conducting in situ tests of bore hole sealing,
geologic media fracture sealing, and room closure to
establish the techniques and performance for isolation
of high-level radioactive waste, spent nuclear fuel, or
other radioactive materials from the biosphere;
[(B) conducting in situ tests with radioactive
sources and materials to evaluate and improve reliable
models for radionuclide migration, absorption, and
containment within the engineered barriers and geologic
media involved, if the Secretary finds there is
reasonable assurance that such radioactive sources and
materials will not threaten the use of such site as a
repository;
[(C) conducting in situ tests to evaluate and improve
models for ground water or brine flow through fractured
geologic media;
[(D) conducting in situ tests under conditions
representing the real time and the accelerated time
behavior of the engineered barriers within the geologic
environment involved;
[(E) conducting in situ tests to evaluate the effects
of heat and pressure on the geologic media involved, on
the hydrology of the surrounding area, and on the
integrity of the disposal packages;
[(F) conducting in situ tests under both normal and
abnormal repository conditions to establish safe design
limits for disposal packages and to determine the
effects of the gross release of radionuclides into
surroundings, and the effects of various credible
failure modes, including--
[(i) seismic events leading to the coupling
of aquifers through the test and evaluation
facility;
[(ii) thermal pulses significantly greater
than the maximum calculated; and
[(iii) human intrusion creating a direct
pathway to the biosphere; and
[(G) conducting such other research and development
activities as the Secretary considers appropriate,
including such activities necessary to obtain the use
of high-level radioactive waste, spent nuclear fuel, or
other radioactive materials (such as any highly
radioactive material from the Three Mile Island nuclear
powerplant or from the West Valley Demonstration
Project) for test and evaluation purposes, if such
other activities are reasonably necessary to support
the repository program and if there is reasonable
assurance that the radioactive sources involved will
not threaten the use of such site as a repository.
[(2) The in situ testing authorized in this subsection shall
be designed to ensure that the suitability of the site involved
for licensing by the Commission as a repository will not be
adversely affected.
[(d) Use of Existing Department Facilities.--During the
conducting of siting research activities under section 214 and
for such period thereafter as the Secretary considers
appropriate, the Secretary shall use Department facilities
owned by the Federal Government on the date of the enactment of
this Act for the conducting of generically applicable tests
regarding packaging, handling, and emplacement technology for
solidified high-level radioactive waste and spent nuclear fuel
from civilian nuclear activities.
[(e) Engineered Barriers.--The system of engineered barriers
and selected geology used in a test and evaluation facility
shall have a design life at least as long as that which the
Commission requires by regulations issued under this Act, or
under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.),
for repositories.
[(f) Role of Commission.--(1)(A) Not later than 1 year after
the date of the enactment of this Act, the Secretary and the
Commission shall reach a written understanding establishing the
procedures for review, consultation, and coordination in the
planning, construction, and operation of the test and
evaluation facility under this section. Such understanding
shall establish a schedule, consistent with the deadlines set
forth in this subtitle, for submission by the Secretary of, and
review by the Commission of and necessary action on--
[(i) the mission plan prepared under section 301; and
[(ii) such reports and other information as the
Commission may reasonably require to evaluate any
health and safety impacts of the test and evaluation
facility.
[(B) Such understanding shall also establish the conditions
under which the Commission may have access to the test and
evaluation facility for the purpose of assessing any public
health and safety concerns that it may have. No shafts may be
excavated for the test and evaluation until the Secretary and
the Commission enter into such understanding.
[(2) Subject to section 305, the test and evaluation
facility, and the facilities authorized in section 217, shall
be constructed and operated as research, development, and
demonstration facilities, and shall not be subject to licensing
under section 202 of the Energy Reorganization Act of 1974 (42
U.S.C. 5842).
[(3)(A) The Commission shall carry out a continuing analysis
of the activities undertaken under this section to evaluate the
adequacy of the consideration of public health and safety
issues.
[(B) The Commission shall report to the President, the
Secretary, and the Congress as the Commission considers
appropriate with respect to the conduct of activities under
this section.
[(g) Environmental Review.--The Secretary shall prepare an
environmental impact statement under section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)) prior to conducting tests with radioactive
materials at the test and evaluation facility. Such
environmental impact statement shall incorporate, to the extent
practicable, the environmental assessment prepared under
section 217(a). Nothing in this subsection may be construed to
limit siting research activities conducted under section 214.
This subsection shall apply only to activities performed
exclusively for a test and evaluation facility.
[(h) Limitations.--(1) If the test and evaluation facility is
not located at the site of a repository, the Secretary shall
obtain the concurrence of the Commission with respect to the
decontamination and decommissioning of such facility.
[(2) If the test and evaluation facility is not located at a
candidate site or repository site, the Secretary shall conduct
only the portion of the in situ testing program required in
subsection (c) determined by the Secretary to be useful in
carrying out the purposes of this Act.
[(3) The operation of the test and evaluation facility shall
terminate not later than--
[(A) 5 years after the date on which the initial
repository begins operation; or
[(B) at such time as the Secretary determines that
the continued operation of a test and evaluation
facility is not necessary for research, development,
and demonstration purposes;
whichever occurs sooner.
[(4) Notwithstanding any other provisions of this subsection,
as soon as practicable following any determination by the
Secretary, with the concurrence of the Commission, that the
test and evaluation facility is unsuitable for continued
operation, the Secretary shall take such actions as are
necessary to remove from such site any radioactive material
placed on such site as a result of testing and evaluation
activities conducted under this section. Such requirement may
be waived if the Secretary, with the concurrence of the
Commission, finds that short-term testing and evaluation
activities using radioactive material will not endanger the
public health and safety.
[research and development on spent nuclear fuel
[Sec. 218. (a) Demonstration and Cooperative Programs.--The
Secretary shall establish a demonstration program, in
cooperation with the private sector, for the dry storage of
spent nuclear fuel at civilian nuclear power reactor sites,
with the objective of establishing one or more technologies
that the Commission may, by rule, approve for use at the sites
of civilian nuclear power reactors without, to the maximum
extent practicable, the need for additional site-specific
approvals by the Commission. Not later than 1 year after the
date of the enactment of this Act, the Secretary shall select
at least 1, but not more than 3, sites evaluated under section
214 at such power reactors. In selecting such site or sites,
the Secretary shall give preference to civilian nuclear power
reactors that will soon have a shortage of interim storage
capacity for spent nuclear fuel. Subject to reaching agreement
as provided in subsection (b), the Secretary shall undertake
activities to assist such power reactors with demonstration
projects at such sites, which may use one of the following
types of alternate storage technologies: spent nuclear fuel
storage casks, caissons, or silos. The Secretary shall also
undertake a cooperative program with civilian nuclear power
reactors to encourage the development of the technology for
spent nuclear fuel rod consolidation in existing power reactor
water storage basins.
[(b) Cooperative Agreements.--To carry out the programs
described in subsection (a), the Secretary shall enter into a
cooperative agreement with each utility involved that
specifies, at a minimum, that--
[(1) such utility shall select the alternate storage
technique to be used, make the land and spent nuclear
fuel available for the dry storage demonstration,
submit and provide site-specific documentation for a
license application to the Commission, obtain a license
relating to the facility involved, construct such
facility, operate such facility after licensing, pay
the costs required to construct such facility, and pay
all costs associated with the operation and maintenance
of such facility;
[(2) the Secretary shall provide, on a cost-sharing
basis, consultative and technical assistance, including
design support and generic licensing documentation, to
assist such utility in obtaining the construction
authorization and appropriate license from the
Commission; and
[(3) the Secretary shall provide generic research and
development of alternative spent nuclear fuel storage
techniques to enhance utility-provided, at-reactor
storage capabilities, if authorized in any other
provision of this Act or in any other provision of law.
[(c) Dry Storage Research and Development.--(1) The
consultative and technical assistance referred to in subsection
(b)(2) may include, but shall not be limited to, the
establishment of a research and development program for the dry
storage of not more than 300 metric tons of spent nuclear fuel
at facilities owned by the Federal Government on the date of
the enactment of this Act. The purpose of such program shall be
to collect necessary data to assist the utilities involved in
the licensing process.
[(2) To the extent available, and consistent with the
provisions of section 135, the Secretary shall provide spent
nuclear fuel for the research and development program
authorized in this subsection from spent nuclear fuel received
by the Secretary for storage under section 135. Such spent
nuclear fuel shall not be subject to the provisions of section
135(e).
[(d) Funding.--The total contribution from the Secretary from
Federal funds and the use of Federal facilities or services
shall not exceed 25 percent of the total costs of the
demonstration program authorized in subsection (a), as
estimated by the Secretary. All remaining costs of such program
shall be paid by the utilities involved or shall be provided by
the Secretary from the Interim Storage Fund established in
section 136.
[(e) Relation to Spent Nuclear Fuel Storage Program.--The
spent nuclear fuel storage program authorized in section 135
shall not be construed to authorize the use of research
development or demonstration facilities owned by the Department
unless--
[(1) a period of 30 calendar days (not including any
day in which either House of Congress is not in session
because of adjournment of more than 3 calendar days to
a day certain) has passed after the Secretary has
transmitted to the Committee on Science, Space, and
Technology of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate
a written report containing a full and complete
statement concerning (A) the facility involved; (B) any
necessary modifications; (C) the cost thereof; and (D)
the impact on the authorized research and development
program; or
[(2) each such committee, before the expiration of
such period, has transmitted to the Secretary a written
notice to the effect that such committee has no
objection to the proposed use of such facility.
[payments to states and indian tribes
[Sec. 219. (a) Payments.--Subject to subsection (b), the
Secretary shall make payments to each State or affected Indian
tribe that has entered into an agreement pursuant to section
215. The Secretary shall pay an amount equal to 100 percent of
the expenses incurred by such State or Indian tribe in engaging
in any monitoring, testing, evaluation, or other consultation
and cooperation activity under section 215 with respect to any
site. The amount paid by the Secretary under this paragraph
shall not exceed $3,000,000 per year from the date on which the
site involved was identified to the date on which the
decontamination and decommission of the facility is complete
pursuant to section 217(h). Any such payment may only be made
to a State in which a potential site for a test and evaluation
facility has been identified under section 213, or to an
affected Indian tribe where the potential site has been
identified under such section.
[(b) Limitation.--The Secretary shall make any payment to a
State under subsection (a) only if such State agrees to
provide, to each unit of general local government within the
jurisdictional boundaries of which the potential site or
effectively selected site involved is located, at least one-
tenth of the payments made by the Secretary to such State under
such subsection. A State or affected Indian tribe receiving any
payment under subsection (a) shall otherwise have discretion to
use such payment for whatever purpose it deems necessary,
including the State or tribal activities pursuant to agreements
entered into in accordance with section 215. Annual payments
shall be prorated on a 365-day basis to the specified dates.
[study of research and development needs for monitored retrievable
storage proposal
[Sec. 220. Not later than 6 months after the date of the
enactment of this Act, the Secretary shall submit to the
Congress a report describing the research and development
activities the Secretary considers necessary to develop the
proposal required in section 141(b) with respect to a monitored
retrievable storage facility.
[judicial review
[Sec. 221. Judicial review of research and development
activities under this title shall be in accordance with the
provisions of section 119.
[Sec. 222. Research on Alternatives for the Permanent
Disposal of High-Level Radioactive Waste.--The Secretary shall
continue and accelerate a program of research, development, and
investigation of alternative means and technologies for the
permanent disposal of high-level radioactive waste from
civilian nuclear activities and Federal research and
development activities except that funding shall be made from
amounts appropriated to the Secretary for purposes of carrying
out this section. Such program shall include examination of
various waste disposal options.
[technical assistance to non-nuclear weapon states in the field of
spent fuel storage and disposal
[Sec. 223. (a) It shall be the policy of the United States to
cooperate with and provide technical assistance to non-nuclear
weapon states in the field of spent fuel storage and disposal.
[(b)(1) Within 90 days of enactment of this Act, the
Secretary and the Commission shall publish a joint notice in
the Federal Register stating that the United States is prepared
to cooperate with and provide technical assistance to non-
nuclear weapon states in the fields of at-reactor spent fuel
storage; away-from-reactor spent fuel storage; monitored,
retrievable spent fuel storage; geologic disposal of spent
fuel; and the health, safety, and environmental regulation of
such activities. The notice shall summarize the resources that
can be made available for international cooperation and
assistance in these fields through existing programs of the
Department and the Commission, including the availability of:
(i) data from past or ongoing research and development
projects; (ii) consultations with expert Department or
Commission personnel or contractors; and (iii) liaison with
private business entities and organizations working in these
fields.
[(2) The joint notice described in the preceding subparagraph
shall be updated and reissued annually for 5 succeeding years.
[(c) Following publication of the annual joint notice
referred to in paragraph (2), the Secretary of State shall
inform the governments of non-nuclear weapon states and, as
feasible, the organizations operating nuclear powerplants in
such states, that the United States is prepared to cooperate
with and provide technical assistance to non-nuclear weapon
states in the fields of spent fuel storage and disposal, as set
forth in the joint notice. The Secretary of State shall also
solicit expressions of interest from non-nuclear weapon state
governments and non-nuclear weapon state nuclear power reactor
operators concerning their participation in expanded United
States cooperation and technical assistance programs in these
fields. The Secretary of State shall transmit any such
expressions of interest to the Department and the Commission.
[(d) With his budget presentation materials for the
Department and the Commission for fiscal years 1984 through
1989, the President shall include funding requests for an
expanded program of cooperation and technical assistance with
non-nuclear weapon states in the fields of spent fuel storage
and disposal as appropriate in light of expressions of interest
in such cooperation and assistance on the part of non-nuclear
weapon state governments and non-nuclear weapon state nuclear
power reactor operators.
[(e) For the purposes of this subsection, the term ``non-
nuclear weapon state'' shall have the same meaning as that set
forth in article IX of the Treaty on the Non-Proliferation of
Nuclear Weapons (21 U.S.C. 438).
[(f) Nothing in this subsection shall authorize the
Department or the Commission to take any action not authorized
under existing law.
[subseabed disposal
[Sec. 224. (a) Study.--Within 270 days after the date of
the enactment of the Nuclear Waste Policy Amendments Act of
1987, the Secretary shall report to Congress on subseabed
disposal of spent nuclear fuel and high-level radioactive
waste. The report under this subsection shall include--
[(1) an assessment of the current state of knowledge
of subseabed disposal as an alternative technology for
disposal of spent nuclear fuel and high-level
radioactive waste;
[(2) an estimate of the costs of subseabed disposal;
[(3) an analysis of institutional factors associated
with subseabed disposal, including international
aspects of a decision of the United States to proceed
with subseabed disposal as an option for nuclear waste
management;
[(4) a full discussion of the environmental and
public health and safety aspects of subseabed disposal;
[(5) recommendations on alternative ways to structure
an effort in research, development, and demonstration
with respect to subseabed disposal; and
[(6) the recommendations of the Secretary with
respect to research, development and demonstration in
subseabed disposal of spent nuclear fuel and high-level
radioactive waste.
[(b) Office of Subseabed Disposal Research.--(1) There is
hereby established an Office of Subseabed Disposal Research
within the Office of Energy Research of the Department of
Energy. The Office shall be headed by the Director, who shall
be a member of the Senior Executive Service appointed by the
Director of the Office of Energy Research, and compensated at a
rate determined by applicable law.
[(2) The Director of the Office of Subseabed Disposal
Research shall be responsible for carrying out research,
development, and demonstration activities on all aspects of
subseabed disposal of high-level radioactive waste and spent
nuclear fuel, subject to the general supervision of the
Secretary. The Director of the Office shall be directly
responsible to the Director of the Office of Energy Research,
and the first such Director shall be appointed within 30 days
of the date of enactment of the Nuclear Waste Policy Amendments
Act of 1987.
[(3) In carrying out his responsibilities under this Act,
the Secretary may make grants to, or enter into contracts with,
the Subseabed Consortium described in subsection (d) of this
section, and other persons.
[(4)(A) Within 60 days of the date of enactment of the
Nuclear Waste Policy Amendments Act of 1987, the Secretary
shall establish a university-based Subseabed Consortium
involving leading oceanographic universities and institutions,
national laboratories, and other organizations to investigate
the technical and institutional feasibility of subseabed
disposal.
[(B) The Subseabed Consortium shall develop a research plan
and budget to achieve the following objectives by 1995:
[(i) demonstrate the capacity to identify and
characterize potential subseabed disposal sites;
[(ii) develop conceptual designs for a subseabed
disposal system, including estimated costs and
institutional requirements; and
[(iii) identify and assess the potential impacts of
subseabed disposal on the human and marine environment.
[(C) In 1990, and again in 1995, the Subseabed Consortium
shall report to Congress on the progress being made in
achieving the objectives of paragraph (2).
[(5) The Director of the Office of Subseabed Disposal
Research shall annually prepare and submit a report to the
Congress on the activities and expenditures of the Office.
[TITLE III--OTHER PROVISIONS RELATING TO RADIOACTIVE WASTE
[mission plan
[Sec. 301. (a) Contents of Mission Plan.--The Secretary shall
prepare a comprehensive report, to be known as the mission
plan, which shall provide an informational basis sufficient to
permit informed decisions to be made in carrying out the
repository program and the research, development, and
demonstration programs required under this Act. The mission
plan shall include--
[(1) an identification of the primary scientific,
engineering, and technical information, including any
necessary demonstration of engineering or systems
integration, with respect to the siting and
construction of a test and evaluation facility and
repositories;
[(2) an identification of any information described
in paragraph (1) that is not available because of any
unresolved scientific, engineering, or technical
questions, or undemonstrated engineering or systems
integration, a schedule including specific major
milestones for the research, development, and
technology demonstration program required under this
Act and any additional activities to be undertaken to
provide such information, a schedule for the activities
necessary to achieve important programmatic milestones,
and an estimate of the costs required to carry out such
research, development, and demonstration programs;
[(3) an evaluation of financial, political, legal, or
institutional problems that may impede the
implementation of this Act, the plans of the Secretary
to resolve such problems, and recommendations for any
necessary legislation to resolve such problems;
[(4) any comments of the Secretary with respect to
the purpose and program of the test and evaluation
facility;
[(5) a discussion of the significant results of
research and development programs conducted and the
implications for each of the different geologic media
under consideration for the siting of repositories,
and, on the basis of such information, a comparison of
the advantages and disadvantages associated with the
use of such media for repository sites;
[(6) the guidelines issued under section 112(a);
[(7) a description of known sites at which site
characterization activities should be undertaken, a
description of such siting characterization activities,
including the extent of planned excavations, plans for
onsite testing with radioactive or nonradioactive
material, plans for any investigations activities which
may affect the capability of any such site to isolate
high-level radioactive waste or spent nuclear fuel,
plans to control any adverse, safety-related impacts
from such site characterization activities, and plans
for the decontamination and decommissioning of such
site if it is determined unsuitable for licensing as a
repository;
[(8) an identification of the process for solidifying
high-level radioactive waste or packaging spent nuclear
fuel, including a summary and analysis of the data to
support the selection of the solidification process and
packaging techniques, an analysis of the requirements
for the number of solidification packaging facilities
needed, a description of the state of the art for the
materials proposed to be used in packaging such waste
or spent fuel and the availability of such materials
including impacts on strategic supplies and any
requirements for new or reactivated facilities to
produce any such materials needed, and a description of
a plan, and the schedule for implementing such plan,
for an aggressive research and development program to
provide when needed a high-integrity disposal package
at a reasonable price;
[(9) an estimate of (A) the total repository capacity
required to safely accommodate the disposal of all
high-level radioactive waste and spent nuclear fuel
expected to be generated through December 31, 2020, in
the event that no commercial reprocessing of spent
nuclear fuel occurs, as well as the repository capacity
that will be required if such reprocessing does occur;
(B) the number and type of repositories required to be
constructed to provide such disposal capacity; (C) a
schedule for the construction of such repositories; and
(D) an estimate of the period during which each
repository listed in such schedule will be accepting
high-level radioactive waste or spent nuclear fuel for
disposal;
[(10) an estimate, on an annual basis, of the costs
required (A) to construct and operate the repositories
anticipated to be needed under paragraph (9) based on
each of the assumptions referred to in such paragraph;
(B) to construct and operate a test and evaluation
facility, or any other facilities, other than
repositories described in subparagraph (A), determined
to be necessary; and (C) to carry out any other
activities under this Act; and
[(11) an identification of the possible adverse
economic and other impacts to the State or Indian tribe
involved that may arise from the development of a test
and evaluation facility or repository at a site.
[(b) Submission of Mission Plan.--(1) Not later than 15
months after the date of the enactment of this Act, the
Secretary shall submit a draft mission plan to the States, the
affected Indian tribes, the Commission, and other Government
agencies as the Secretary deems appropriate for their comments.
[(2) In preparing any comments on the mission plan, such
agencies shall specify with precision any objections that they
may have. Upon submission of the mission plan to such agencies,
the Secretary shall publish a notice in the Federal Register of
the submission of the mission plan and of its availability for
public inspection, and, upon receipt of any comments of such
agencies respecting the mission plan, the Secretary shall
publish a notice in the Federal Register of the receipt of
comments and of the availability of the comments for public
inspection. If the Secretary does not revise the mission plan
to meet objections specified in such comments, the Secretary
shall publish in the Federal Register a detailed statement for
not so revising the mission plan.
[(3) The Secretary, after reviewing any other comments made
by such agencies and revising the mission plan to the extent
that the Secretary may consider to be appropriate, shall submit
the mission plan to the appropriate committees of the Congress
not later than 17 months after the date of the enactment of
this Act. The mission plan shall be used by the Secretary at
the end of the first period of 30 calendar days (not including
any day on which either House of Congress is not in session
because of adjournment of more than 3 calendar days to a day
certain) following receipt of the mission plan by the Congress.
[nuclear waste fund
[Sec. 302. (a) Contracts.--(1) In the performance of his
functions under this Act, the Secretary is authorized to enter
into contracts with any person who generates or holds title to
high-level radioactive waste, or spent nuclear fuel, of
domestic origin for the acceptance of title, subsequent
transportation, and disposal of such waste or spent fuel. Such
contracts shall provide for payment to the Secretary of fees
pursuant to paragraphs (2) and (3) sufficient to offset
expenditures described in subsection (d).
[(2) For electricity generated by a civilian nuclear power
reactor and sold on or after the date 90 days after the date of
enactment of this Act, the fee under paragraph (1) shall be
equal to 1.0 mil per kilowatt-hour.
[(3) For spent nuclear fuel, or solidified high-level
radioactive waste derived from spent nuclear fuel, which fuel
was used to generate electricity in a civilian nuclear power
reactor prior to the application of the fee under paragraph (2)
to such reactor, the Secretary shall, not later than 90 days
after the date of enactment of this Act, establish a 1 time fee
per kilogram of heavy metal in spent nuclear fuel, or in
solidified high-level radioactive waste. Such fee shall be in
an amount equivalent to an average charge of 1.0 mil per
kilowatt-hour for electricity generated by such spent nuclear
fuel, or such solidified high-level waste derived therefrom, to
be collected from any person delivering such spent nuclear fuel
or high-level waste, pursuant to section 123, to the Federal
Government. Such fee shall be paid to the Treasury of the
United States and shall be deposited in the separate fund
established by subsection (c) 126(b). In paying such a fee, the
person delivering spent fuel, or solidified high-level
radioactive wastes derived therefrom, to the Federal Government
shall have no further financial obligation to the Federal
Government for the long-term storage and permanent disposal of
such spent fuel, or the solidified high-level radioactive waste
derived therefrom.
[(4) Not later than 180 days after the date of enactment of
this Act, the Secretary shall establish procedures for the
collection and payment of the fees established by paragraph (2)
and paragraph (3). The Secretary shall annually review the
amount of the fees established by paragraphs (2) and (3) above
to evaluate whether collection of the fee will provide
sufficient revenues to offset the costs as defined in
subsection (d) herein. In the event the Secretary determines
that either insufficient or excess revenues are being
collected, in order to recover the costs incurred by the
Federal Government that are specified in subsection (d), the
Secretary shall propose an adjustment to the fee to insure full
cost recovery. The Secretary shall immediately transmit this
proposal for such an adjustment to Congress. The adjusted fee
proposed by the Secretary shall be effective after a period of
90 days of continuous session have elapsed following the
receipt of such transmittal unless during such 90-day period
either House of Congress adopts a resolution disapproving the
Secretary's proposed adjustment in accordance with the
procedures set forth for congressional review of an energy
action under section 551 of the Energy Policy and Conservation
Act.
[(5) Contracts entered into under this section shall provide
that--
[(A) following commencement of operation of a
repository, the Secretary shall take title to the high-
level radioactive waste or spent nuclear fuel involved
as expeditiously as practicable upon the request of the
generator or owner of such waste or spent fuel; and
[(B) in return for the payment of fees established by
this section, the Secretary, beginning not later than
January 31, 1998, will dispose of the high-level
radioactive waste or spent nuclear fuel involved as
provided in this subtitle.
[(6) The Secretary shall establish in writing criteria
setting forth the terms and conditions under which such
disposal services shall be made available.
[(b) Advance Contracting Requirement.--(1)(A) The Commission
shall not issue or renew a license to any person to use a
utilization or production facility under the authority of
section 103 or 104 of the Atomic Energy Act of 1954 (42 U.S.C.
2133, 2134) unless--
[(i) such person has entered into a contract with the
Secretary under this section; or
[(ii) the Secretary affirms in writing that such
person is actively and in good faith negotiating with
the Secretary for a contract under this section.
[(B) The Commission, as it deems necessary or appropriate,
may require as a precondition to the issuance or renewal of a
license under section 103 or 104 of the Atomic Energy Act of
1954 (42 U.S.C. 2133, 2134) that the applicant for such license
shall have entered into an agreement with the Secretary for the
disposal of high-level radioactive waste and spent nuclear fuel
that may result from the use of such license.
[(2) Except as provided in paragraph (1), no spent nuclear
fuel or high-level radioactive waste generated or owned by any
person (other than a department of the United States referred
to in section 101 or 102 of title 5, United States Code) may be
disposed of by the Secretary in any repository constructed
under this Act unless the generator or owner of such spent fuel
or waste has entered into a contract with the Secretary under
this section by not later than--
[(A) June 30, 1983; or
[(B) the date on which such generator or owner
commences generation of, or takes title to, such spent
fuel or waste;
whichever occurs later.
[(3) The rights and duties of a party to a contract entered
into under this section may be assignable with transfer of
title to the spent nuclear fuel or high-level radioactive waste
involved.
[(4) No high-level radioactive waste or spent nuclear fuel
generated or owned by any department of the United States
referred to in section 101 or 102 of title 5, United States
Code, may be disposed of by the Secretary in any repository
constructed under this Act unless such department transfers to
the Secretary, for deposit in the Nuclear Waste Fund, amounts
equivalent to the fees that would be paid to the Secretary
under the contracts referred to in this section if such waste
or spent fuel were generated by any other person.
[(c) Establishment of Nuclear Waste Fund.--There hereby is
established in the Treasury of the United States a separate
fund, to be known as the Nuclear Waste Fund. The Waste Fund
shall consist of--
[(1) all receipts, proceeds, and recoveries realized
by the Secretary under subsections (a), (b), and (e),
which shall be deposited in the Waste Fund immediately
upon their realization;
[(2) any appropriations made by the Congress to the
Waste Fund; and
[(3) any unexpended balances available on the date of
the enactment of this Act for functions or activities
necessary or incident to the disposal of civilian high-
level radioactive waste or civilian spent nuclear fuel,
which shall automatically be transferred to the Waste
Fund on such date.
[(d) Use of Waste Fund.--The Secretary may make expenditures
from the Waste Fund, subject to subsection (e), only for
purposes of radioactive waste disposal activities under titles
I and II, including--
[(1) the identification, development, licensing,
construction, operation, decommissioning, and post-
decommissioning maintenance and monitoring of any
repository, monitored, retrievable storage facility or
test and evaluation facility constructed under this
Act;
[(2) the conducting of nongeneric research,
development, and demonstration activities under this
Act;
[(3) the administrative cost of the radioactive waste
disposal program;
[(4) any costs that may be incurred by the Secretary
in connection with the transportation, treating, or
packaging of spent nuclear fuel or high-level
radioactive waste to be disposed of in a repository, to
be stored in a monitored, retrievable storage site or
to be used in a test and evaluation facility;
[(5) the costs associated with acquisition, design,
modification, replacement, operation, and construction
of facilities at a repository site, a monitored,
retrievable storage site or a test and evaluation
facility site and necessary or incident to such
repository, monitored, retrievable storage facility or
test and evaluation facility; and
[(6) the provision of assistance to States, units of
general local government, and Indian tribes under
sections 116, 118, and 219.
No amount may be expended by the Secretary under this subtitle
for the construction or expansion of any facility unless such
construction or expansion is expressly authorized by this or
subsequent legislation. The Secretary hereby is authorized to
construct one repository and one test and evaluation facility.
[(e) Administration of Waste Fund.--(1) The Secretary of the
Treasury shall hold the Waste Fund and, after consultation with
the Secretary, annually report to the Congress on the financial
condition and operations of the Waste Fund during the preceding
fiscal year.
[(2) The Secretary shall submit the budget of the Waste Fund
to the Office of Management and Budget triennially along with
the budget of the Department of Energy submitted at such time
in accordance with chapter 11 of title 31, United States Code.
The budget of the Waste Fund shall consist of the estimates
made by the Secretary of expenditures from the Waste Fund and
other relevant financial matters for the succeeding 3 fiscal
years, and shall be included in the Budget of the United States
Government. The Secretary may make expenditures from the Waste
Fund, subject to appropriations which shall remain available
until expended. Appropriations shall be subject to triennial
authorization.
[(3) If the Secretary determines that the Waste Fund contains
at any time amounts in excess of current needs, the Secretary
may request the Secretary of the Treasury to invest such
amounts, or any portion of such amounts as the Secretary
determines to be appropriate, in obligations of the United
States--
[(A) having maturities determined by the Secretary of
the Treasury to be appropriate to the needs of the
Waste Fund; and
[(B) bearing interest at rates determined to be
appropriate by the Secretary of the Treasury, taking
into consideration the current average market yield on
outstanding marketable obligations of the United States
with remaining periods to maturity comparable to the
maturities of such investments, except that the
interest rate on such investments shall not exceed the
average interest rate applicable to existing
borrowings.
[(4) Receipts, proceeds, and recoveries realized by the
Secretary under this section, and expenditures of amounts from
the Waste Fund, shall be exempt from annual apportionment under
the provisions of subchapter II of chapter 15 of title 31,
United States Code.
[(5) If at any time the moneys available in the Waste Fund
are insufficient to enable the Secretary to discharge his
responsibilities under this subtitle, the Secretary shall issue
to the Secretary of the Treasury obligations in such forms and
denominations, bearing such maturities, and subject to such
terms and conditions as may be agreed to by the Secretary and
the Secretary of the Treasury. The total of such obligations
shall not exceed amounts provided in appropriation Acts.
Redemption of such obligations shall be made by the Secretary
from moneys available in the Waste Fund. Such obligations shall
bear interest at a rate determined by the Secretary of the
Treasury, which shall be not less than a rate determined by
taking into consideration the average market yield on
outstanding marketable obligations of the United States of
comparable maturities during the month preceding the issuance
of the obligations under this paragraph. The Secretary of the
Treasury shall purchase any issued obligations, and for such
purpose the Secretary of the Treasury is authorized to use as a
public debt transaction the proceeds from the sale of any
securities issued under chapter 31 of title 31, United States
Code, and the purposes for which securities may be issued under
such Act are extended to include any purchase of such
obligations. The Secretary of the Treasury may at any time sell
any of the obligations acquired by him under this paragraph.
All redemptions, purchases, and sales by the Secretary of the
Treasury of obligations under this paragraph shall be treated
as public debt transactions of the United States.
[(6) Any appropriations made available to the Waste Fund for
any purpose described in subsection (d) shall be repaid into
the general fund of the Treasury, together with interest from
the date of availability of the appropriations until the date
of repayment. Such interest shall be paid on the cumulative
amount of appropriations available to the Waste Fund, less the
average undisbursed cash balance in the Waste Fund account
during the fiscal year involved. The rate of such interest
shall be determined by the Secretary of the Treasury taking
into consideration the average market yield during the month
preceding each fiscal year on outstanding marketable
obligations of the United States of comparable maturity.
Interest payments may be deferred with the approval of the
Secretary of the Treasury, but any interest payments so
deferred shall themselves bear interest.
[alternative means of financing
[Sec. 303. The Secretary shall undertake a study with respect
to alternative approaches to managing the construction and
operation of all civilian radioactive waste management
facilities, including the feasibility of establishing a private
corporation for such purposes. In conducting such study, the
Secretary shall consult with the Director of the Office of
Management and Budget, the Chairman of the Commission, and such
other Federal agency representatives as may be appropriate.
Such study shall be completed, and a report containing the
results of such study shall be submitted to the Congress,
within 1 year after the date of the enactment of this Act.
[office of civilian radioactive waste management
[Sec. 304. (a) Establishment.--There hereby is established
within the Department of Energy an Office of Civilian
Radioactive Waste Management. The Office shall be headed by a
Director, who shall be appointed by the President, by and with
the advice and consent of the Senate, and who shall be
compensated at the rate payable for level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
[(b) Functions of Director.--The Director of the Office shall
be responsible for carrying out the functions of the Secretary
under this Act, subject to the general supervision of the
Secretary. The Director of the Office shall be directly
responsible to the Secretary.
[(c) Annual Report to Congress.--The Director of the Office
shall annually prepare and submit to the Congress a
comprehensive report on the activities and expenditures of the
Office.
[(d) Annual Audit by Comptroller General.--The Comptroller
General of the United States shall annually make an audit of
the Office, in accordance with such regulations as the
Comptroller General may prescribe. The Comptroller General
shall have access to such books, records, accounts, and other
materials of the Office as the Comptroller General determines
to be necessary for the preparation of such audit. The
Comptroller General shall submit to the Congress a report on
the results of each audit conducted under this section.
[location of test and evaluation facility
[Sec. 305. (a) Report to Congress.--Not later than 1 year
after the date of the enactment of this Act, the Secretary
shall transmit to the Congress a report setting forth whether
the Secretary plans to locate the test and evaluation facility
at the site of a repository.
[(b) Procedures.--(1) If the test and evaluation facility is
to be located at any candidate site or repository site (A) site
selection and development of such facility shall be conducted
in accordance with the procedures and requirements established
in title I with respect to the site selection and development
of repositories; and (B) the Secretary may not commence
construction of any surface facility for such test and
evaluation facility prior to issuance by the Commission of a
construction authorization for a repository at the site
involved.
[(2) No test and evaluation facility may be converted into a
repository unless site selection and development of such
facility was conducted in accordance with the procedures and
requirements established in title I with respect to the site
selection and development of repositories.
[(3) The Secretary may not commence construction of a test
and evaluation facility at a candidate site or site recommended
as the location for a repository prior to the date on which the
designation of such site is effective under section 115.
[nuclear regulatory commission training authorization
[Sec. 306. Nuclear Regulatory Commission Training
Authorization.--The Nuclear Regulatory Commission is authorized
and directed to promulgate regulations, or other appropriate
Commission regulatory guidance, for the training and
qualifications of civilian nuclear powerplant operators,
supervisors, technicians and other appropriate operating
personnel. Such regulations or guidance shall establish
simulator training requirements for applicants for civilian
nuclear powerplant operator licenses and for operator
requalification programs; requirements governing NRC
administration of requalification examinations; requirements
for operating tests at civilian nuclear powerplant simulators,
and instructional requirements for civilian nuclear powerplant
licensee personnel training programs. Such regulations or other
regulatory guidance shall be promulgated by the Commission
within the 12-month period following enactment of this Act, and
the Commission within the 12-month period following enactment
of this Act shall submit a report to Congress setting forth the
actions the Commission has taken with respect to fulfilling its
obligations under this section.
[TITLE IV--NUCLEAR WASTE NEGOTIATOR
[definition
[Sec. 401. For purposes of this title, the term ``State''
means each of the several States and the District of Columbia.
[the office of the nuclear waste negotiator
[Sec. 402. (a) Establishment.--There is established the
Office of the Nuclear Waste Negotiator that shall be an
independent establishment in the executive branch.
[(b) The Nuclear Waste Negotiator.--(1) The Office shall be
headed by a Nuclear Waste Negotiator who shall be appointed by
the President, by and with the advice and consent of the
Senate. The Negotiator shall hold office at the pleasure of the
President, and shall be compensated at the rate provided for
level III of the Executive Schedule in section 5314 of title 5,
United States Code.
[(2) The Negotiator shall attempt to find a State or Indian
tribe willing to host a repository or monitored retrievable
storage facility at a technically qualified site on reasonable
terms and shall negotiate with any State or Indian tribe which
expresses an interest in hosting a repository or monitored
retrievable storage facility.
[duties of the negotiator
[Sec. 403. (a) Negotiations With Potential Hosts.--(1) The
Negotiator shall--
[(A) seek to enter into negotiations on behalf of the
United States with--
[(i) the Governor of any State in which a
potential site is located; and
[(ii) the governing body of any Indian tribe
on whose reservation a potential site is
located; and
[(B) attempt to reach a proposed agreement between
the United States and any such State or Indian tribe
specifying the terms and conditions under which such
State or tribe would agree to host a repository or
monitored retrievable storage facility within such
State or reservation.
[(2) In any case in which State law authorizes any person or
entity other than the Governor to negotiate a proposed
agreement under this section on behalf of the State, any
reference in this title to the Governor shall be considered to
refer instead to such other person or entity.
[(b) Consultation With Affected States, Subdivisions of
States, and Tribes.--In addition to entering into negotiations
under subsection (a), the Negotiator shall consult with any
State, affected unit of local government, or any Indian tribe
that the Negotiator determines may be affected by the siting of
a repository or monitored retrievable storage facility and may
include in any proposed agreement such terms and conditions
relating to the interest of such States, affected units of
local government, or Indian tribes as the Negotiator determines
to be reasonable and appropriate.
[(c) Consultation With Other Federal Agencies.--The
Negotiator may solicit and consider the comments of the
Secretary, the Nuclear Regulatory Commission, or any other
Federal agency on the suitability of any potential site for
site characterization. Nothing in this subsection shall be
construed to require the Secretary, the Nuclear Regulatory
Commission, or any other Federal agency to make a finding that
any such site is suitable for site characterization.
[(d) Proposed Agreement.--(1) The Negotiator shall submit to
the Congress any proposed agreement between the United States
and a State or Indian tribe negotiated under subsection (a) and
an environmental assessment prepared under section 404(a) for
the site concerned.
[(2) Any such proposed agreement shall contain such terms and
conditions (including such financial and institutional
arrangements) as the Negotiator and the host State or Indian
tribe determine to be reasonable and appropriate and shall
contain such provisions as are necessary to preserve any right
to participation or compensation of such State, affected unit
of local government, or Indian tribe under sections 116(c),
117, and 118(b).
[(3)(A) No proposed agreement entered into under this section
shall have legal effect unless enacted into Federal Law.
[(B) A State or Indian tribe shall enter into an agreement
under this section in accordance with the laws of such State or
tribe. Nothing in this section may be construed to prohibit the
disapproval of a proposed agreement between a State and the
United States under this section by a referendum or an act of
the legislature of such State.
[(4) Notwithstanding any proposed agreement under this
section, the Secretary may construct a repository or monitored
retrievable storage facility at a site agreed to under this
title only if authorized by the Nuclear Regulatory Commission
in accordance with the Atomic Energy Act of 1954 (42 U.S.C.
2012 et seq.), title II of the Energy Reorganization Act of
1982 (42 U.S.C. 5841 et seq.) and any other law applicable to
authorization of such construction.
[environmental assessment of sites
[Sec. 404. (a) In General.--Upon the request of the
Negotiator, the Secretary shall prepare an environmental
assessment of any site that is the subject of negotiations
under section 403(a).
[(b) Contents.--(1) Each environmental assessment prepared
for a repository site shall include a detailed statement of the
probable impacts of characterizing such site and the
construction and operation of a repository at such site.
[(2) Each environmental assessment prepared for a monitored
retrievable storage facility site shall include a detailed
statement of the probable impacts of construction and operation
of such a facility at such site.
[(c) Judicial Review.--The issuance of an environmental
assessment under subsection (a) shall be considered to be a
final agency action subject to judicial review in accordance
with the provisions of chapter 7 of title 5, United States
Code, and section 119.
[(d) Public Hearings.--(1) In preparing an environmental
assessment for any repository or monitored retrievable storage
facility site, the Secretary shall hold public hearings in the
vicinity of such site to inform the residents of the area in
which such site is located that such site is being considered
and to receive their comments.
[(2) At such hearings, the Secretary shall solicit and
receive any recommendations of such residents with respect to
issues that should be addressed in the environmental assessment
required under subsection (a) and the site characterization
plan described in section 113(b)(1).
[(e) Public Availability.--Each environmental assessment
prepared under subsection (a) shall be made available to the
public.
[(f) Evaluation of Sites.--(1) In preparing an environmental
assessment under subsection (a), the Secretary shall use
available geophysical, geologic, geochemical and hydrologic,
and other information and shall not conduct any preliminary
borings or excavations at any site that is the subject of such
assessment unless--
[(A) such preliminary boring or excavation activities were in
progress on or before the date of the enactment of the Nuclear
Waste Policy Amendments Act of 1987;
[(B) the Secretary certifies that, in the absence of
preliminary borings or excavations, adequate information will
not be available to satisfy the requirements of this Act or any
other law.
[(2) No preliminary boring or excavation conducted under this
section shall exceed a diameter of 40 inches.
[site characterization; licensing
[Sec. 405. (a) Site Characterization.--Upon enactment of
legislation to implement an agreement to site a repository
negotiated under section 403(a), the Secretary shall conduct
appropriate site characterization activities for the site that
is the subject of such agreement subject to the conditions and
terms of such agreement. Any such site characterization
activities shall be conducted in accordance with section 113,
except that references in such section to the Yucca Mountain
site and the State of Nevada shall be deemed to refer to the
site that is the subject of the agreement and the State or
Indian tribe entering into the agreement.
[(b) Licensing.--(1) Upon the completion of site
characterization activities carried out under subsection (a),
the Secretary shall submit to the Nuclear Regulatory Commission
an application for construction authorization for a repository
at such site.
[(2) The Nuclear Regulatory Commission shall consider an
application for a construction authorization for a repository
or monitored retrievable storage facility in accordance with
the laws applicable to such applications, except that the
Nuclear Regulatory Commission shall issue a final decision
approving or disapproving the issuance of a construction
authorization not later than 3 years after the date of the
submission of such application.
[monitored retrievable storage
[Sec. 406. (a) Construction and Operation.--Upon enactment of
legislation to implement an agreement negotiated under section
403(a) to site a monitored retrievable storage facility, the
Secretary shall construct and operate such facility as part of
an integrated nuclear waste management system in accordance
with the terms and conditions of such agreement.
[(b) Financial Assistance.--The Secretary may make grants to
any State, Indian tribe, or affected unit of local government
to assess the feasibility of siting a monitored retrievable
storage facility under this section at a site under the
jurisdiction of such State, tribe, or affected unit of local
government.
[environmental impact statement
[Sec. 407. (a) In General.--Issuance of a construction
authorization for a repository or monitored retrievable storage
facility under section 405(b) shall be considered a major
Federal action significantly affecting the quality of the human
environment for purposes of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
[(b) Preparation.--A final environmental impact statement
shall be prepared by the Secretary under such Act and shall
accompany any application to the Nuclear Regulatory Commission
for a construction authorization.
[(c) Adoption.--(1) Any such environmental impact statement
shall, to the extent practicable, be adopted by the Nuclear
Regulatory Commission, in accordance with section 1506.3 of
title 40, Code of Federal Regulations, in connection with the
issuance by the Nuclear Regulatory Commission of a construction
authorization and license for such repository or monitored
retrievable storage facility.
[(2)(A) In any such statement prepared with respect to a
repository to be constructed under this title at the Yucca
Mountain site, the Nuclear Regulatory Commission need not
consider the need for a repository, the time of initial
availability of a repository, alternate sites to the Yucca
Mountain site, or nongeologic alternatives to such site.
[(B) In any such statement prepared with respect to a
repository to be constructed under this title at a site other
than the Yucca Mountain site, the Nuclear Regulatory Commission
need not consider the need for a repository, the time of
initial availability of a repository, or nongeologic
alternatives to such site but shall consider the Yucca Mountain
site as an alternate to such site in the preparation of such
statement.
[administrative powers of the negotiator
[Sec. 408. In carrying out his functions under this title,
the Negotiator may--
[(1) appoint such officers and employees as he
determines to be necessary and prescribe their duties;
[(2) obtain services as authorized by section 3109 of
title 5, United States Code, at rates not to exceed the
rate prescribed for grade GS-18 of the General Schedule
by section 5332 of title 5, United States Code;
[(3) promulgate such rules and regulations as may be
necessary to carry out such functions;
[(4) utilize the services, personnel, and facilities
of other Federal agencies (subject to the consent of
the head of any such agency);
[(5) for purposes of performing administrative
functions under this title, and to the extent funds are
appropriated, enter into and perform such contracts,
leases, cooperative agreements, or other transactions
as may be necessary and on such terms as the Negotiator
determines to be appropriate, with any agency or
instrumentality of the United States, or with any
public or private person or entity;
[(6) accept voluntary and uncompensated services,
notwithstanding the provisions of sections 1342 of
title 31, United States Code;
[(7) adopt an official seal, which shall be
judicially noticed;
[(8) use the United States mails in the same manner
and under the same conditions as other departments and
agencies of the United States;
[(9) hold such hearings as are necessary to determine
the views of interested parties and the general public;
and
[(10) appoint advisory committees under the Federal
Advisory Committee Act (5 U.S.C. App.).
[cooperation of other departments and agencies
[Sec. 409. Each department, agency, and instrumentality of
the United States, including any independent agency, may
furnish the Negotiator such information as he determines to be
necessary to carry out his functions under this title.
[termination of the office
[Sec. 410. The Office shall cease to exist not later than
30 days after the date 7 years after the date of the enactment
of the Nuclear Waste Policy Amendments Act of 1987.
[authorization of appropriations
[Sec. 411. Notwithstanding subsection (d) of section 302,
and subject to subsection (e) of such section, there are
authorized to be appropriated for expenditures from amounts in
the Waste Fund established in subsection (c) of such section,
such sums as may be necessary to carry out the provisions of
this title.
[TITLE V--NUCLEAR WASTE TECHNICAL REVIEW BOARD
[definitions
[Sec. 501. As used in this title:
[(1) The term ``Chairman'' means the Chairman of the
Nuclear Waste Technical Review Board.
[(2) The term ``Board'' means the Nuclear Waste
Technical Review Board established under section 502.
[nuclear waste technical review board
[Sec. 502. (a) Establishment.--There is established a
Nuclear Waste Technical Review Board that shall be an
independent establishment within the executive branch.
[(b) Members.--(1) The Board shall consist of 11 members
who shall be appointed by the President not later than 90 days
after the date of the enactment of the Nuclear Waste Policy
Amendments Act of 1987 from among persons nominated by the
National Academy of Sciences in accordance with paragraph (3).
[(2) The President shall designate a member of the Board to
serve as chairman.
[(3)(A) The National Academy of Sciences shall, not later
than 90 days after the date of the enactment of the Nuclear
Waste Policy Amendments Act of 1987, nominate not less than 22
persons for appointment to the Board from among persons who
meet the qualifications described in subparagraph (C).
[(B) The National Academy of Sciences shall nominate not
less than 2 persons to fill any vacancy on the Board from among
persons who meet the qualifications described in subparagraph
(C).
[(C)(i) Each person nominated for appointment to the Board
shall be--
[(I) eminent in a field of science or engineering,
including environmental sciences; and
[(II) selected solely on the basis of established
records of distinguished service.
[(ii) The membership of the Board shall be representative
of the broad range of scientific and engineering disciplines
related to activities under this title.
[(iii) No person shall be nominated for appointment to the
Board who is an employee of--
[(I) the Department of Energy;
[(II) a national laboratory under contract with the
Department of Energy; or
[(III) an entity performing high-level radioactive
waste or spent nuclear fuel activities under contract
with the Department of Energy.
[(4) Any vacancy on the Board shall be filled by the
nomination and appointment process described in paragraphs (1)
and (3).
[(5) Members of the Board shall be appointed for terms of 4
years, each such term to commence 120 days after the date of
enactment of the Nuclear Waste Policy Amendments Act of 1987,
except that of the 11 members first appointed to the Board, 5
shall serve for 2 years and 6 shall serve for 4 years, to be
designated by the President at the time of appointment.
[functions
[Sec. 503. The Board shall evaluate the technical and
scientific validity of activities undertaken by the Secretary
after the date of the enactment of the Nuclear Waste Policy
Amendments Act of 1987, including--
[(1) site characterization activities; and
[(2) activities relating to the packaging or
transportation of high-level radioactive waste or spent
nuclear fuel.
[investigatory powers
[Sec. 504. (a) Hearings.--Upon request of the Chairman or a
majority of the members of the Board, the Board may hold such
hearings, sit and act at such times and places, take such
testimony, and receive such evidence, as the Board considers
appropriate. Any member of the Board may administer oaths or
affirmations to witnesses appearing before the Board.
[(b) Production of Documents.--(1) Upon the request of the
Chairman or a majority of the members of the Board, and subject
to existing law, the Secretary (or any contractor of the
Secretary) shall provide the Board with such records, files,
papers, data, or information as may be necessary to respond to
any inquiry of the Board under this title.
[(2) Subject to existing law, information obtainable under
paragraph (1) shall not be limited to final work products of
the Secretary, but shall include drafts of such products and
documentation of work in progress.
[compensation of members
[Sec. 505. (a) In General.--Each member of the Board shall
be paid at the rate of pay payable for level III of the
Executive Schedule for each day (including travel time) such
member is engaged in the work of the Board.
[(b) Travel Expenses.--Each member of the Board may receive
travel expenses, including per diem in lieu of subsistence, in
the same manner as is permitted under sections 5702 and 5703 of
title 5, United States Code.
[staff
[Sec. 506. (a) Clerical Staff.--(1) Subject to paragraph
(2), the Chairman may appoint and fix the compensation of such
clerical staff as may be necessary to discharge the
responsibilities of the Board.
[(2) Clerical staff shall be appointed subject to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and shall be paid in
accordance with the provisions of chapter 51 and subchapter III
of chapter 53 of such title relating to classification and
General Schedule pay rates.
[(b) Professional Staff.--(1) Subject to paragraphs (2) and
(3), the Chairman may appoint and fix the compensation of such
professional staff as may be necessary to discharge the
responsibilities of the Board.
[(2) Not more than 10 professional staff members may be
appointed under this subsection.
[(3) Professional staff members may be appointed without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no
individual so appointed may receive pay in excess of the annual
rate of basic pay payable for GS-18 of the General Schedule.
[support services
[Sec. 507. (a) General Services.--To the extent permitted
by law and requested by the Chairman, the Administrator of
General Services shall provide the Board with necessary
administrative services, facilities, and support on a
reimbursable basis.
[(b) Accounting, Research, and Technology Assessment
Services.--The Comptroller General, the Librarian of Congress,
and the Director of the Office of Technology Assessment shall,
to the extent permitted by law and subject to the availability
of funds, provide the Board with such facilities, support,
funds and services, including staff, as may be necessary for
the effective performance of the functions of the Board.
[(c) Additional Support.--Upon the request of the Chairman,
the Board may secure directly from the head of any department
or agency of the United States information necessary to enable
it to carry out this title.
[(d) Mails.--The Board may use the United States mails in
the same manner and under the same conditions as other
departments and agencies of the United States.
[(e) Experts and Consultants.--Subject to such rules as may
be prescribed by the Board, the Chairman may procure temporary
and intermittent services under section 3109(b) of title 5 of
the United States Code, but at rates for individuals not to
exceed the daily equivalent of the maximum annual rate of basic
pay payable for GS-18 of the General Schedule.
[report
[Sec. 508. The Board shall report not less than 2 times per
year to Congress and the Secretary its findings, conclusions,
and recommendations. The first such report shall be submitted
not later than 12 months after the date of the enactment of the
Nuclear Waste Policy Amendments Act of 1987.
[authorization of appropriations
[Sec. 509. Notwithstanding subsection (d) of section 302,
and subject to subsection (e) of such section, there are
authorized to be appropriated for expenditures from amounts in
the Waste Fund established in subsection (c) of such section
such sums as may be necessary to carry out the provisions of
this title.
[termination of the Board
[Sec. 510. The Board shall cease to exist not later than 1
year after the date on which the Secretary begins disposal of
high-level radioactive waste or spent nuclear fuel in a
repository.]
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(A) Short Title.--This Act may be cited as the ``Nuclear
Waste Policy Act of 1996.''
(b) Table of Contents.--
Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
TITLE I--OBLIGATIONS
Sec. 101. Obligations of the Secretary of Energy.
TITLE II--INTEGRATED SPENT NUCLEAR FUEL MANAGEMENT SYSTEM
Sec. 201. Intermodal Transfer.
Sec. 202. Transportation planning.
Sec. 203. Transportation requirements.
Sec. 204. Interim storage.
Sec. 205. Permanent repository.
Sec. 206. Land withdrawal.
Sec. 207. Permanent Disposal Alternatives.
TITLE III--FUNDING AND ORGANIZATION
Sec. 301. Program Funding.
Sec. 302. Office of Civilian Radioactive Waste Management.
Sec. 303. Federal contribution.
Sec. 304. Budget Priorities.
TITLE IV--GENERAL AND MISCELLANEOUS PROVISIONS
Sec. 401. Compliance with other laws.
Sec. 402. Judicial review of agency actions.
Sec. 403. Licensing of facility expansions and transshipments.
Sec. 404. Siting a second repository.
Sec. 405. Financial arrangements for low-level radioactive waste site
closure.
Sec. 406. Nuclear Regulatory Commission training authority.
Sec. 407. Emplacement schedule.
Sec. 408. Emergency relief.
Sec. 409. Transfer of Title.
Sec. 410. Environmental Requirements.
TITLE V--NUCLEAR WASTE TECHNICAL REVIEW BOARD
Sec. 501. Definitions.
Sec. 502. Nuclear Waste Technical Review Board.
Sec. 503. Functions.
Sec. 504. Investigatory powers.
Sec. 505. Compensation of members.
Sec. 506. Staff.
Sec. 507. Support services.
Sec. 508. Report.
Sec. 509. Authorization of appropriations.
Sec. 510. Termination of the board.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Accept, acceptance.--The terms ``accept'' and
``acceptance'' mean the Secretary's act of taking
possession of spent nuclear fuel or high-level
radioactive waste.
(2) Atomic energy defense activity.--The term
``atomic energy defense activity'' means any activity
of the Secretary performed in whole or in part in
carrying out any of the following functions:
(A) Naval reactors development.
(B) Weapons activities including defense
inertial confinement fusion.
(C) Verification and control technology.
(D) Defense nuclear materials production.
(E) Defense nuclear waste and materials
byproducts management.
(F) Defense nuclear materials security and
safeguards and security investigations.
(G) Defense research and development.
(3) Civilian nuclear power reactor.--The term
``civilian nuclear power reactor'' means a civilian
nuclear power plant required to be licensed under
section 103 or 104 b. of the Atomic Energy Act of 1954
(42 U.S.C. 2133, 2134(b)).
(4) Commission.--The term ``Commission'' means the
Nuclear Regulatory Commission.
(5) Contracts.--The term ``contracts'' means the
contracts, executed prior to the date of enactment of
the Nuclear Waste Policy Act of 1996, under section
302(a) of the Nuclear Waste Policy Act of 1982, by the
Secretary and any person who generates or holds title
to spent nuclear fuel or high-level radioactive waste
of domestic origin for acceptance of such waste or fuel
by the Secretary and the payment of fees to offset the
Secretary's expenditures, and any subsequent contracts
executed by the Secretary pursuant to section 301(a) of
this Act.
(6) Contract holders.--The term ``contract holders''
means parties (other than the Secretary) to contracts.
(7) Department.--The term ``Department'' means the
Department of Energy.
(8) Disposal.--The term ``disposal'' means the
emplacement in a repository of spent nuclear fuel,
high-level radioactive waste, or other highly
radioactive material with no foreseeable intent of
recovery, whether or not such emplacement permits
recovery of such material for any future purpose.
(9) Disposal system.--The term ``disposal system''
means all natural barriers and engineered barriers, and
engineered systems and components, that prevent the
release of radionuclides from the repository.
(10) Emplacement schedule.--The term ``emplacement
schedule'' means the schedule established by the
Secretary in accordance with section 407(a) for
emplacement of spent nuclear fuel and high-level
radioactive waste at the interim storage facility.
(11) Engineered barriers and engineered systems and
components.--The terms ``engineered barriers'' and
``engineered systems and components,'' mean man made
components of a disposal system. These terms include
the spent nuclear fuel or high-level radioactive waste
form, spent nuclear fuel package or high-level
radioactive waste package, and other materials placed
over and around such packages.
(12) High-level radioactive waste.--The term ``high-
level radioactive waste'' means--
(A) the highly radioactive material resulting
from the reprocessing of spent nuclear fuel,
including liquid waste produced directly in
reprocessing and any solid material derived
from such liquid waste that contains fission
products in sufficient concentrations; and
(B) other highly radioactive material that
the Commission, consistent with existing law,
determines by rule requires permanent
isolation, which includes any lowlevel
radioactive waste with concentrations of
radionuclides that exceed the limits
established by the Commission for class C
radioactive waste, as defined by section 61.55
of title 10, Code of Federal Regulations, as in
effect on January 26, 1983.
(13) Federal agency.--The term ``Federal agency''
means any Executive agency, as defined in section 105
of title 5, United States Code.
(14) Indian tribe.--The term ``Indian tribe'' means
any Indian tribe, band, nation, or other organized
group or community of Indians recognized as eligible
for the services provided to Indians by the Secretary
of the Interior because of their status as Indians
including any Alaska Native village, as defined in
section 3(c) of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602(c)).
(15) Integrated management system.--The term
``integrated management system'' means the system
developed by the Secretary for the acceptance,
transportation, storage, and disposal of spent nuclear
fuel and high-level radioactive waste under title II of
this Act.
(16) Interim storage facility.--The term ``interim
storage facility'' means a facility designed and
constructed for the receipt, handling, possession,
safeguarding, and storage of spent nuclear fuel and
high-level radioactive waste in accordance with title
II of this Act.
(17) Interim storage facility site.--The term
``interim storage facility site'' means the specific
site within Area 25 of the Nevada Test Site that is
designated by the Secretary and withdrawn and reserved
in accordance with this Act for the location of the
interim storage facility.
(18) Low-level radioactive waste.--The term ``low-
level radioactive waste'' means radioactive material
that--
(A) is not spent nuclear fuel, high-level
radioactive waste, transuranic waste, or
byproduct material as defined in section
11e.(2) of the Atomic Energy Act of 1954 (42
U.S.C. 2014(e)(2)); and
(B) the Commission, consistent with existing
law, classifies as low-level radioactive waste.
(19) Metric tons uranium.--The terms ``metric tons
uranium'' and ``MTU'' means the amount of uranium in
the original unirradiated fuel element whether or not
the spent nuclear fuel has been reprocessed.
(20) Nuclear waste fund.--The terms ``Nuclear Waste
Fund'' and ``waste fund'' mean the nuclear waste fund
established in the United States Treasury prior to the
date of enactment of this Act under section 302(c) of
the Nuclear Waste Policy Act of 1982.
(21) Office.--The term ``Office'' means the Office of
Civilian Radioactive Waste Management established
within the Department prior to the date of enactment of
this Act under the provisions of the Nuclear Waste
Policy Act of 1982.
(22) Program approach.--The term ``program approach''
means the Civilian Radioactive Waste Management Program
Plan, dated December 19, 1994, as modified by this Act,
and as amended form time to time by the Secretary in
accordance with this Act.
(23) Repository.--The term ``repository'' means a
system designed and constructed under title II of this
Act for the geologic disposal of spent nuclear fuel and
high-level radioactive waste receipt, handling,
possession, safeguarding, and storage are conducted.
(24) Secretary.--The term ``Secretary'' means the
Secretary of Energy.
(25) Site characterization.--The term ``site
characterization'' means activities, whether in a
laboratory or in the field, undertaken to establish the
geologic condition and the ranges of the parameters of
a candidate site relevant to the location of a
repository, including borings, surface excavations,
excavations of exploratory facilities, limited
subsurface lateral excavations and borings, and in situ
testing needed to evaluate the licensability of a
candidate site for the location of a repository, but
not including preliminary borings and geophysical
testing needed to assess whether site characterization
should be undertaken.
(26) Spent nuclear fuel.--The term ``spent nuclear
fuel'' means fuel that has been withdrawn from a
nuclear reactor following irradiation, the constituent
elements of which have not been separated by
reprocessing.
(27) Storage.--The term ``storage'' means retention
of spent nuclear fuel or high-level radioactive waste
with the intent to recover such waste or fuel for
subsequent use, processing, or disposal.
(28) Withdrawal.--The term ``withdrawal'' has the
same definition as that set forth in section 103(j) of
the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702(j)).
(29) Yucca mountain site.--The term ``Yucca Mountain
site'' means the area in the State of Nevada that is
withdrawn and reserved in accordance with this Act for
the location of a repository.
TITLE I--OBLIGATIONS
SEC. 101. OBLIGATIONS OF THE SECRETARY OF ENERGY.
(a) Disposal.--The Secretary shall develop and operate an
integrated management system for the storage and permanent
disposal of spent nuclear fuel and high-level radioactive
waste.
(b) Interim Storage.--The Secretary shall shall store spent
nuclear fuel and high-level radioactive waste from facilities
designated by contract holders for storage at an interim
storage facility pursuant to section 204 in accordance with the
emplacement schedule, beginning not later than November 30,
1999.
(c) Transportation.--The Secretary shall provide for the
transportation of spent nuclear fuel and high-level radioactive
waste accepted by the Secretary. The Secretary shall procure
all systems and components necessary to transport spent nuclear
fuel and high-level radioactive waste from facilities
designated by contract holders to and among facilities
comprising the Integrated Management System.
(d) Integrated Management System.--The Secretary shall
expeditiously pursue the development of each component of the
integrated management system, and in so doing shall seek to
utilize effective private sector management and contracting
practices
(e) Private Sector Participation.--In administering the
Integrated spent Nuclear Fuel Management System, the Secretary
shall, to the maximum extent possible, utilize, employ, procure
and contract with, the private sector to fulfill the
Secretary's obligations and requirements under this Act.
(f) Pre-Existing Rights.--Nothing in this Act is intended
to or shall be construed to modify--
(1) any right of a contract holder under section
302(a) of the Nuclear Waste Policy Act of 1982, or
under a contract executed prior to the date of
enactment of this Act under that section; or
(2) obligations imposed upon the federal government
by the U.S. District Court of Idaho in an order entered
on October 17, 1995 in United States v. Batt (No. 91-
0054-S-EJL).
(g) Liability.--Subject to any valid existing right under
subsection (f), nothing in this Act shall be construed to
subject the United States to financial liability for the
Secretary's failure to meet any deadline for the acceptance or
emplacement of spent nuclear fuel or high-level radioactive
waste for storage or disposal under this Act.
TITLE II--INTEGRATED MANAGEMENT SYSTEM
SEC. 201. INTERMODAL TRANSFER.
(a) Access.--The Secretary shall utilize heavy-haul truck
transport to move spent nuclear fuel and high-level radioactive
waste from the mainline rail line at Caliente, Nevada, to the
interim storage facility site.
(b) Capability Date.--The Secretary shall develop the
capability to commence rail to truck intermodal transfer at
Caliente, Nevada, no later than November 30, 1999. Intermodal
transfer and related activities are incidental to the
interstate transportation of spent nuclear fuel and high-level
radioactive waste.
(c) Acquisitions.--The Secretary shall acquire lands and
rights-of-way along the ``Chalk Mountain Heavy Haul Route''
depicted on the map dated March 13, 1996, and on file with the
Secretary, necessary to commence intermodal transfer at
Caliente, Nevada.
(d) Replacements.--The Secretary shall acquire and develop
on behalf of, and dedicate to, the City of Caliente, Nevada,
parcels of land and right-of-way within Lincoln County, Nevada,
as required to facilitate replacement of land and city
wastewater disposal facilities necessary to commence intermodal
transfer pursuant to this Act. Replacement of land and city
wastewater disposal activities shall occur no later than
November 30, 1999.
(e) Notice and Map.--Within 6 months of the date of
enactment of the Nuclear Waste Policy Act of 1996, the
Secretary shall--
(1) publish in the Federal Register a notice
containing a legal description of the sites and rights-
of-way to be acquired under this subsection; and
(2) file copies of a map of such sites and rights-of-
way with the Congress, the Secretary of the Interior,
the State of Nevada, the Archivist of the United
States, the Board of Lincoln County Commissioners, the
Board of Nye County Commissioners, and the Caliente
City Council.
Such map and legal description shall have the same force and
effect as if they were included in this Act. The Secretary may
correct clerical and typographical errors and legal
descriptions and make minor adjustments in the boundaries.
(f) Improvements.--The Secretary shall make improvements to
existing roadways selected for heavy-haul truck transport
between Caliente, Nevada, and the interim storage facility site
as necessary to facilitate year-round safe transport of spent
nuclear fuel and high-level radioactive waste.
(g) National Environmental Policy Act.--The Secretary's
activities in connection with the development of intermodal
transfer capability and improvements to existing roadways
pursuant to this section shall be considered preliminary
decisionmaking activities for purposes of judicial review.
Notwithstanding any other law, such activities shall not
require the preparation of an environmental impact statement
under section 102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(C)), or any environmental review
under subparagraph (E) or (F) of section 102(2) of such Act.
(h) Local Government Involvement.--The Commission shall
enter into a Memorandum of Understanding with the City of
Caliente and Lincoln County, Nevada, to provide advice to the
Commission regarding intermodal transfer and to facilitate on-
site representation. Reasonable expenses of such representation
shall be paid by the Secretary.
(i) Benefits Agreement.--
(1) In general.--The Secretary shall offer to enter
into an agreement with Lincoln County, Nevada
concerning the integrated management system.
(2) Agreement content.--Any agreement shall contain
such terms and conditions, including such financial and
institutional arrangements, as the Secretary and
agreement entity determine to be reasonable and
appropriate and shall contain such provisions as are
necessary to preserve any right to participation or
compensation of Lincoln County, Nevada.
(3) Amendment.--An agreement entered into under this
subsection may be amended only with the mutual consent
of the parties to the amendment and terminated only in
accordance with paragraph (4).
(4) Termination.--The Secretary shall terminate the
agreement under this subsection if any major element of
the integrated management system may not be completed.
(5) Limitation.--Only 1 agreement may be in effect at
any one time.
(6) Judicial review.--Decisions of the Secretary
under this section are not subject to judicial review.
(j) Content of Agreement.--
(1) Schedule.--In addition to the benefits to which
Lincoln County is entitled to under this title, the
Secretary shall make payments under the benefits
agreement in accordance with the following schedule:
Benefits Schedule
[Amounts in millions]
Event: Payment
(A) Annual payments prior to first receipt of spent fuel $2.5
(B) Annual payments beginning upon first spent fuel
receipt................................................ $5
(C) Payment upon closure of the intermodal transfer
facility............................................... $5
(2) Definitions.--For purposes of this section, the
term--
(A) ``spent fuel'' means high-level
radioactive waste or spent nuclear fuel; and
(B) ``first spent fuel receipt'' does not
include receipt of spent fuel or high-level
radioactive waste for purposes of testing or
operational demonstration.
(3) Annual payments.--Annual payments prior to first
spent fuel receipt under paragraph (1)(A) shall be made
on the date of execution of the benefits agreement and
thereafter on the anniversary date of such execution.
Annual payments after the first spent fuel receipt
until closure of the facility under paragraph (1)(C)
shall be made on the anniversary date of such first
spent fuel receipt.
(4) Reduction.--If the first spent fuel payment under
paragraph (1)(B) is made within 6 months after the last
annual payment prior to the receipt of spent fuel under
paragraph (1)(A), such first spent fuel payment under
paragraph (1)(B) shall be reduced by an amount equal to
1/12 of such annual payment under paragraph (1)(A) for
each full month less than 6 that has not elapsed since
the last annual payment under paragraph (1)(A).
(5) Restrictions.--The Secretary may not restrict the
purposes for which the payments under this section may
be used.
(6) Dispute.--In the event of a dispute concerning
such plan, the Secretary shall resolve such dispute,
consistent with this Act and applicable State law.
(7) Construction.--The signature of the Secretary on
a valid benefits agreement under this section shall
constitute a commitment by the United States to make
payments in accordance with such agreement under
section 301(c)(2).
(k) Initial Land Conveyances.--
(1) Conveyances of public lands.--One hundred and
twenty days after enactment of this Act, all right,
title and interest of the United States in the property
described in paragraph (2), and improvements thereon,
together with all necessary easements for utilities and
ingress and egress to such property, including, but not
limited to, the right to improve those easements, are
conveyed by operation of law to the County of Lincoln,
Nevada, except that any lands conveyed to the County of
Lincoln under this subsection that are subject to a
Federal grazing permit or lease or a similar federally
granted permit or lease shall be conveyed between 60
and 120 days of the earliest time the Federal agency
administering or granting the permit or lease would be
able to legally terminate such right under the statutes
and regulations existing at the date of enactment of
this Act, unless Lincoln County and the affected holder
of the permit or lease negotiate an agreement that
allows for an earlier conveyance.
(2) Special conveyances.--Notwithstanding any other
law, the following public lands shall be conveyed under
paragraph (1) to the County of Lincoln, Nevada:
(A) Lincoln County, Parcel B, Community
Expansion Area:
----------------------------------------------------------------------------------------------------------------
Township Range Mer. Sec. Subdivision Acres
----------------------------------------------------------------------------------------------------------------
4S................. 67 E............ MDM............. 5............... E\1/2\NE\1/4\, 320
W\1/2\NW\1/4\,
NW\1/4\SW\1/4\,
E\1/2\SE\1/4\,
SW\1/4\SE\1/4\.
6............... NE\1/4\................... 160
7............... N\1/2\NW\1/4\. 200
SW\1/4\NW\1/4\,
S\1/2\SW\1/4\.
8............... S\1/2\SE\1/4\.... 80
9............... SW\1/4\, W\1/2\SE\1/4\, SE\1/4\SE\1/4\, W\1/2\NE\1/4\SE\1/
4\. E\1/2\SW\1/
4\NE\1/4\SE\1/4\.
9............... N\1/2\N\1/2\.............. 160
17.............. NE\1/4\, S\1/2\NW\1/4\.
18.............. SE\1/4\NE\1/4\... 40
4SA................ 66E............. MDM............. 12.............. S\1/2\NE\1/4\, 240
SE\1/4\.
13.............. NE\1/4\, NW\1/4\SE\1/4\.
----------
Total 1,942.5
----------------------------------------------------------------------------------------------------------------
(B) Lincoln County, Parcel E, Pioche
Community Expansion Area:
----------------------------------------------------------------------------------------------------------------
Township Range Mer. Sec. Subdivision Acres
----------------------------------------------------------------------------------------------------------------
IN................. 67 E............ MDM............. 9............... N\1/2\, N\1/2\S\1/ 480
2\.
11.............. SW\1/4\................... 160
12.............. W\1/2\SW\1/4\, 120
N\1/2\NE\1/
4\SW\1/4\, N\1/
2\NE\1/4\SE\1/4\.
13.............. NW\1/4\NW\1/ 15
4\NW\1/4\, N\1/
2\SW\1/4\NW\1/4\NW\1/4\.
15.............. N\1/2\NE\1/4\.... 80
16.............. N\1/2\NE\1/4\, \1\ 110
SE\1/4\NE\1/4\,
SE\1/4\ (excluding
mineral patents).
----------
Total 985
----------------------------------------------------------------------------------------------------------------
\1\ Approximately.
(C) Lincoln County, Parcel F, Panaca
Community Expansion Area:
----------------------------------------------------------------------------------------------------------------
Township Range Mer. Sec. Subdivision Acres
----------------------------------------------------------------------------------------------------------------
2S................. 68 E............ MDM............. 2............... S\1/2\.................... 320
3............... S\1/2\.................... 320
3............... S\1/2\.................... 320
4............... N\1/2\SE\1/4\, 140
N\1/2\SW\1/
4\SE\1/4\, SE\1/
4\SE\1/4\.
9............... E\1/2\NE\1/4\, 340
E\1/2\W\1/
2\NE\1/4\, SE\1/
4\NE\1/4\, E\1/
2\SW\1/4\NE\1/4\, SE\1/4\SW\1/4\, SW\1/4\SE\1/4\, E\1/2\SE\1/4\.
10.............. All....................... 640
11.............. N\1/2\.................... 320
----------
Total 2,080
----------------------------------------------------------------------------------------------------------------
(D) Lincoln County, Parcel J. Alamo Community
and Airport Expansion Area:
----------------------------------------------------------------------------------------------------------------
Township Range Mer. Sec. Subdivision Acres
----------------------------------------------------------------------------------------------------------------
7S................. 60 E............ MDM............. 1............... E\1/2\.................... 320
12.............. NE\1/4\................... 160
7S................. 61 E............ MDM............. 4............... W\1/2\.................... 320
5............... All....................... 640
6............... S\1/2\.................... 320
7............... N\1/2\.................... 320
8............... All....................... 640
9............... W\1/2\.................... 320
----------
Total 1,920
----------------------------------------------------------------------------------------------------------------
(E) Lincoln County, Parcel M, Crestline
Industrial Site:
----------------------------------------------------------------------------------------------------------------
Township Range Mer. Sec. Subdivision Acres
----------------------------------------------------------------------------------------------------------------
3S................. 70 E............ MDM............. 14.............. S\1/2\.................... 320
23.............. All....................... 640
----------
Total 960
----------------------------------------------------------------------------------------------------------------
(3) Evidence of title transfer.--Upon the request of
the County of Lincoln, Nevada, the Secretary of the
Interior shall provide evidence of title transfer.
SEC. 202. TRANSPORTATION PLANNING.
(a) Transportation Readiness.--The Secretary shall take
those actions that are necessary and appropriate to ensure that
the Secretary is able to transport spent nuclear fuel and high-
level radioactive waste from sites designated by the contract
holders to mainline transportation facilities beginning not
later than November 30, 1999. As soon as is practicable
following enactment of this Act, the Secretary shall analyze
each specific reactor facility designated by contract holders
in the order of priority established in the emplacement
schedule, and develop a logistical plan to assure the
Secretary's ability to transport spent nuclear fuel and high-
level radioactive waste.
(b) Transportation Planning.--In conjunction with the
development of the logistical plan in accordance with
subsection (a), the Secretary shall update and modify, as
necessary, the Secretary's transportation institutional plans
to ensure that institutional issues are addressed and resolved
on a schedule to support the commencement of transportation of
spent nuclear fuel and high-level radioactive waste to the
interim storage facility no later than November 30, 1999. Among
other things, such planning shall provide a schedule and
process for addressing and implementing, as necessary,
transportation routing plans, transportation contracting plans,
transportation training in accordance with Section 203, and
public education regarding transportation of spent nuclear fuel
and nuclear waste; and transportation tracking programs.
SEC. 203. TRANSPORTATION REQUIREMENTS.
(a) Package Certification.--No spent nuclear fuel or high-
level radioactive waste may be transported by or for the
Secretary under this Act except in packages that have been
certified for such purposes by the Commission.
(b) State Notification.--The Secretary shall abide by
regulations of the Commission regarding advance notification of
State and local governments prior to transportation of spent
nuclear fuel or high-level radioactive waste under this Act.
(c) Technical Assistance.--The Secretary shall provide
technical assistance and funds to States, units of local
government, and Indian tribes through whose jurisdiction the
Secretary plans to transport substantial amounts of spent
nuclear fuel or high-level radioactive waste for public safety
officials of appropriate units of local government. Training
shall cover procedures required for safe routine transportation
of these materials, as well as procedures for dealing with
emergency response situations. The Secretary's duty to provide
technical and financial assistance under this subsection shall
be limited to amounts specified in annual appropriations.
(d) Public Education.--The Secretary shall conduct a
program to educate the public regarding the transportation of
spent nuclear fuel and high-level radioactive waste, with an
emphasis upon those States, units of local government, and
Indian tribes through whose jurisdiction the Secretary plans to
transport substantial amounts of spent nuclear fuel or high-
level radioactive waste.
(e) Use of Private carriers.--The Secretary, in providing
for the transportation of spent nuclear fuel under this Act,
shall utilize by contract 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, the private
industry is unable or unwilling to provide such transportation
services at a reasonable cost.
SEC. 204. INTERIM STORAGE.
(a) Authorization.--The Secretary shall design, construct,
and operate a facility for the interim storage of spent nuclear
fuel and high-level radioactive waste at the interim storage
facility site. The interim storage facility shall be subject to
licensing pursuant to the Atomic Energy Act of 1954 in
accordance with the Commission's regulations governing the
licensing of independent spent fuel storage installations,
which regulations shall be amended by the Commission as
necessary to implement the provisions of this Act. The interim
storage facility shall commence operation in phases by November
30, 1999.
(b) Schedule.--The Secretary shall proceed forthwith and
without further delay with all activities necessary to begin
accepting spent nuclear fuel and high-level radioactive waste
at the interim storage facility at the Yucca Mountain site by
November 30, 1999, except that:
(1) The Secretary shall not begin any construction
activities at the Yucca Mountain site before October 1,
1998.
(2) The Secretary shall cease all activities (except
necessary termination activities) at the Yucca Mountain
site and undertake activities to establish an interim
storage facility and a repository at an alternative
site if--
(A) the President designates an alternative
site and the alternative site is approved by
law, or
(B) the Secretary determines, in his
discretion, on or before October 1, 1998, based
on a preponderance of the information available
at such time, that the Yucca Mountain site is
unsuitable for development as a repository
because of a substantial likelihood that a
repository of useful size cannot be designed,
licensed, and constructed at the Yucca Mountain
site.
(3) In the event the Secretary makes the
determination under paragraph (2)(B) that the Yucca
Mountain site is unsuitable for development as a
repository and the Secretary has not constructed an
alternative interim storage facility site that accepts
spent fuel and high-level radioactive waste by November
30, 1999, the Secretary shall begin construction
activities for an interim storage facility at the
interim storage facility site. The interim storage
facility constructed under this paragraph shall begin
acceptance of spent nuclear fuel and high-level
radioactive waste within one year after construction
begins under this paragraph.
(c) Design.--
(1) The interim storage facility shall be designed in
two phases in order to commence operations no later
than November 30, 1999. The design of the interim
storage facility shall provide for the use of storage
technologies, licensed, approved, or certified by the
Commission for use at the interim storage facility as
necessary to ensure compatibility between the interim
storage facility and contract holders' spent nuclear
fuel and facilities, and to facilitate the Secretary's
ability to meet the Secretary's obligations under this
Act.
(2) The Secretary shall consent to an amendment to
the contracts to provide for reimbursement to contract
holders for transportable storage systems purchased by
contract holders if the Secretary determines that it is
cost effective to use such transportable storage
systems as part of the integrated management system,
provided that the Secretary shall not be required to
expend any funds to modify contract holders' storage or
transport systems or to seek additional regulatory
approvals in order to use such systems.
(d) Licensing.--
(1) Phases.--The interim storage facility shall be
licensed by the Commission in two phases in order to
commence operations no later than November 30, 1999.
(2) First phase.--No later than 12 months after the
date of enactment of the Nuclear Waste Policy Act of
1996, the Secretary shall submit to the Commission an
application for a license for the first phase of the
interim storage facility. The Environmental Report and
Safety Analysis Report submitted in support of such
license application shall be consistent with the scope
of authority requested in the license application. The
license issued for the first phase of the interim
storage facility shall have a term of 20 years and
shall be renewable for additional terms upon
application of the Secretary. The interim storage
facility licensed in the first phase shall have a
capacity of not more than 20,000 MTU. The Commission
shall issue a final decision granting or denying the
application for the first phase license no later than
16 months from the date of the submittal of the
application for such license.
(3) Second phase.--No later than 30 months after the
date of enactment of the Nuclear Waste Policy Act of
1996, the Secretary shall submit to the Commission an
application for a license for the second phase interim
storage facility. The license for the second phase
facility shall authorize a storage capacity of 100,000
MTU. The license for the second phase shall have an
initial term of up to 100 years, and shall be renewable
for additional terms upon application of the Secretary.
The second phase of the interim storage facility shall
commence operations no later than December 31, 2002.
(e) Additional Authority.--
(1) Construction.--For purposes of complying with
subsection (a), the Secretary may commence site
preparation for the interim storage facility as soon as
practicable after the date of enactment of the Nuclear
Waste Policy Act of 1996 and shall commence
construction of each phase of the interim storage
facility subsequent to submittal of the license
application for such phase except that the Commission
shall issue an order suspending such construction at
any time if the Commission determines that such
construction poses an unreasonable risk to public
health and safety or the environment. The Commission
shall terminate all or part of such order upon a
determination that the Secretary has taken appropriate
action to eliminate such risk.
(2) Facility use.--Notwithstanding any otherwise
applicable licensing requirement, the Secretary may
utilize any facility owned by the Federal Government on
the date of enactment of the Nuclear Waste Policy Act
of 1996 within the boundaries of the interim storage
facility site.
(3) Emplacement of fuel and waste.--Subject to
paragraph (h), once the Secretary has achieved the
annual acceptance rate for spent nuclear fuel from
civilian nuclear power reactors established pursuant to
the contracts executed prior to the date of enactment
of the Nuclear Waste Policy Act of 1996, the Secretary
shall accept, in an amount not less than 25% of the
difference between the contractual acceptance rate and
the annual emplacement rate for spent nuclear fuel from
civilian nuclear power reactors established under
section 407(a), the following radioactive materials:
(A) spent nuclear fuel or high-level
radioactive waste of domestic origin from
civilian nuclear power reactors that have
permanently ceased operation on or before the
date of enactment of the Nuclear Waste Policy
Act of 1996;
(B) spent nuclear fuel from foreign research
reactors, as necessary to promote non-
proliferation objectives; and
(C) spent nuclear fuel, including spent
nuclear fuel from naval reactors, and high-
level radioactive waste from atomic energy
defense activities.
(f) National Environmental Policy Act of 1969.--
(1) Preliminary decisionmaking activities.--The
Secretary's activities under this section, including
the selection of a site for the interim storage
facility, the preparation and submittal of a license
application and supporting documentation, the
construction and operation of any facility, and
facility use pursuant to paragraph (d)(2) of this
section shall be considered preliminary decisionmaking
activities for purposes of judicial review. The
Secretary shall not prepare an environmental impact
statement under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C))
or any environmental review under subparagraph (E) or
(F) of such Act before conducting these activities.
(2) Environmental impact statement.--
(A) Final decision.--A final decision by the
Commission to grant or deny a license
application for the first or second phase of
the interim storage facility shall be
accompanied by an Environmental Impact
Statement prepared under section 102(2)(C) of
the National Environmental Policy Act of 1969
(42 U.S.C. 4332(2)(C)). In preparing such
Environmental Impact Statement, the
Commission--
(i) shall ensure that the scope of
the Environmental Impact Statement is
consistent with the scope of the
licensing action, and
(ii) shall analyze the impacts of the
transportation of spent nuclear fuel
and high-level radioactive waste to the
interim storage facility in a generic
manner.
(B) Considerations.--Such Environmental
Impact Statement shall not consider--
(i) the need for the interim storage
facility, including any individual
component thereof;
(ii) the time of the initial
availability of the interim storage
facility;
(iii) any alternatives to the storage
of spent nuclear fuel and high-level
radioactive waste at the interim
storage facility;
(iv) any alternatives to the site of
the facility as designated by the
Secretary in accordance with subsection
(a);
(v) any alternatives to the design
criteria for such facility or any
individual component thereof, as
specified by the Secretary in the
license application; or
(vi) the environmental impacts of the
storage of spent nuclear fuel and high-
level radioactive waste at the interim
storage facility beyond the initial
term of the license or the term of the
renewal period for which a license
renewal application is made.
(g) Judicial Review.--Judicial review of the Commission's
environmental impact statement under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be
consolidated with judicial review of the Commission's licensing
decision. No court shall have jurisdiction to enjoin the
construction or operation of the interim storage facility prior
to its final decision on review of the Commission's licensing
action.
(h) Waste Confidence.--The Secretary's obligation to
construct and operate the interim storage facility in
accordance with this section and the Secretary's obligation to
develop an integrated management system in accordance with the
provisions of this Act, shall provide sufficient and
independent grounds for any further findings by the Commission
of reasonable assurance that spent nuclear fuel and high-level
radioactive waste will be disposed of safely and on a timely
basis for purposes of the Commission's decision to grant or
amend any license to operate any civilian nuclear power reactor
under the Atomic Energy Act of 1954 (42 U.S.C. 2011, et seq.).
(i) Storage of Other Spent Nuclear Fuel and High-Level
Radioactive Waste.--No later than 18 months following the date
of enactment of the Nuclear Waste Policy Act of 1996, the
Commission shall, by rule, establish criteria for the storage
in the interim storage facility of fuel and waste listed in
paragraph (d)(3) (A) through (C), to the extent such criteria
are not included in regulations issued by the Commission and
existing on the date of enactment of the Nuclear Waste Policy
Act of 1996. Following establishment of such criteria, the
Secretary shall seek authority, as necessary, to store fuel and
waste listed in paragraph (d)(3) (A) through (C) at the interim
storage facility. None of the activities carried out pursuant
to this paragraph shall delay, or otherwise affect, the
development, construction, licensing, or operation of the
interim storage facility.
(j) Savings Clause.--The Commission shall, by rule,
establish procedures for the licensing of any technology for
the dry storage of spent nuclear fuel by rule and without, to
the maximum extend possible, the need for site-specific
approvals by the Commission. Nothing in this Act shall affect
any such procedures, or any licenses or approvals issued
pursuant to such procedures in effect on the date of enactment.
SEC. 205. PERMANENT REPOSITORY.
(a) Repository Characterization.--
(1) Guidelines.--The guidelines promulgated by the
Secretary and published at 10 CFR part 960 are annulled
and revoked and the Secretary shall make no assumptions
or conclusions about the licensability of the Yucca
Mountain site as a repository by reference to such
guidelines.
(2) Site characterization activities.--The Secretary
shall carry out appropriate site characterization
activities at the Yucca Mountain site in accordance
with the Secretary's program approach to site
characterization. The Secretary shall modify or
eliminate those site characterization activities
designed only to demonstrate the suitability of the
site under the guidelines referenced in paragraph (1).
(3) Schedule date.--Consistent with the schedule set
forth in the program approach, as modified to be
consistent with the Nuclear Waste Policy Act of 1996.
No later than December 31, 2001, the Secretary shall
apply to the Commission for authorization to construct
a repository. If, at any time prior to the filing of
such application, the Secretary determines that the
Yucca Mountain site cannot satisfy the Commission's
regulations applicable to the licensing of a geologic
repository, the Secretary shall terminate site
characterization activities at the site, notify
Congress and the State of Nevada of the Secretary's
determination and the reasons therefor, and recommend
to Congress not later than 6 months after such
determination further actions, including the enactment
of legislation, that may be needed to manage the
Nation's spent nuclear fuel and high-level radioactive
waste.
(4) Maximizing capacity.--In developing an
application for authorization to construct the
repository, the Secretary shall seek to maximize the
capacity of the repository, in the most cost-effective
manner, consistent with the need for disposal capacity.
(b) Repository Licensing.--Upon the completion of any
licensing proceeding for the first phrase of the interim
storage facility, the Commission shall amend its regulations
governing the disposal of spent nuclear fuel and high-level
radioactive waste in geologic repositories to the extent
necessary to comply with this Act. Subject to subsections (c),
such regulations shall provide for the licensing of the
repository according to the following procedures.
(1) Construction authorization.--The Commission shall
grant the Secretary a construction authorization for
the repository upon determining that there is
reasonable assurance that spent nuclear fuel and high-
level radioactive waste can be disposed of in the
repository--
(A) in conformity with the Secretary's
application, the provisions of this Act, and
the regulations of the Commission;
(B) without reasonable risk to the health and
safety of the public;
(C) consistent with the common defense and
security; and
(D) consistent with the most economic use of
the Nation's resources.
(2) License.--Following substantial completion of
construction and the filing of any additional
information needed to complete the license application,
the Commission shall issue a license to dispose of
spent nuclear fuel and high-level radioactive waste in
the repository if the Commission determines that the
repository has been constructed and will operate--
(A) in conformity with the Secretary's
application, the provisions of this Act, and
the regulations of the Commission;
(B) without unreasonable risk to the health
and safety of the public;
(C) consistent with the common defense and
security; and
(D) consistent with the most economic use of
the Nation's resources.
(3) Closure.--After emplacing spending nuclear fuel
and high-level radioactive waste in the repository and
collecting sufficient confirmatory data on repository
performance to reasonably confirm the basis for
repository closure consistent with the Commission's
regulations applicable to the licensing of a
repository, as modified in accordance with this Act,
the Secretary shall apply to the Commission to amend
the license to permit permanent closure of the
repository. The Commission shall grant such license
amendment upon finding that there is reasonable
assurance that the repository can be permanently
closed--
(A) in conformity with the Secretary's
application to amend the license, the
provisions of this Act, and the regulations of
the Commission;
(B) without unreasonable risk to the health
and safety; and
(C) consistent with the common defense and
security; and
(D) consistent with the most economic use of
the Nation's resources.
(4) Post-closure--The Secretary shall take those
actions necessary and appropriate at the Yucca Mountain
site to prevent any activity at the site subsequent to
repository closure that poses an unreasonable risk of--
(A) breaching the repository's engineered or
geologic barriers; or
(B) increasing the exposure of individual
members of the public to radiation beyond the
release standard established in subsection
(d)(1).
(c) Modification of Repository Licensing Procedure.--The
Commission's regulations shall provide for the modification of
the repository licensing procedure, as appropriate, in the
event that the Secretary seeks a license to permit the
emplacement in the repository, on a retrievable basis, of spent
nuclear fuel or high-level radioactive waste as is necessary to
provide the Secretary with sufficient confirmatory data on
repository performance to reasonably confirm the basis for
repository closure consistent with applicable regulations.
(d) Repository Licensing Standards.--Notwithstanding any
other provision of law, the Administrator of the Environmental
Protection Agency shall not promulgate, by rule or otherwise,
standards for protection of the public from releases of
radioactive materials or radioactivity from the repository and
any such standards existing on the date of enactment of the
Nuclear Waste Policy Act of 1996 shall not be incorporated in
the Commission's licensing regulations. The Commission's
repository licensing determinations for the protection of the
public shall be based solely on a finding whether the
repository can be operated in conformance with the overall
system performance standard established in paragraph (1),
applied in accordance with the provisions of paragraph (2). The
Commission shall amend its regulations in accordance with
subsection (b) to incorporate each of the following licensing
standards:
(1) Establishment of overall system performance
standard.--The standard for protection of the public
from release of radioactive material or radioactivity
from the repository shall prohibit releases that would
expose an average member of the general population in
the vicinity of the Yucca Mountain site to an annual
dose in excess of 100 millirems. Such standard shall
constitute an overall system performance standard.
(2) Application of overall system performance
standard.--The Commission shall issue the license if it
finds reasonable assurance that for the first 1,000
years following the commencement of repository
operations, the overall system performance standard
will be met based on a probabilistic evaluation, as
appropriate, of compliance with the overall system
performance standard in paragraph (1)
(3) Factors.--For purposes of making the finding in
paragraph (2)--
(A) the Commission shall not consider
catastrophic events where the health
consequences of individual events themselves
can be reasonably assumed to exceed the health
consequences due to the impact of the events on
repository performance;
(B) for the purpose of this section, an
average member of the general population in the
vicinity of the Yucca Mountain site means a
person whose physiology, age, general health,
agricultural practices, eating habits, and
social behavior represent the average for
persons living in the vicinity of the site.
Extremes in social behavior, eating habits, or
other relevant practices or characteristics
shall not be considered, and
(C) the Commission shall assume that,
following repository closure, the inclusion of
engineered barriers and the Secretary's post-
closure actions at the Yucca Mountain site, in
accordance with subsection (b)(4), shall be
sufficient to--
(i) prevent any human activity at
the site that poses an unreasonable
risk of breaching the repository's
engineered or geologic barriers; and
(ii) prevent any increase in the
exposure of individual members of the
public to radiation beyond the
allowable limits specified in paragraph
(1).
(4) Additional analysis.--The Commission shall
analyze the overall system performance through the use
of probabilistic evaluation that used best estimate
assumptions, data, and methods for the period
commencing after the first 1,000 years of operation of
the repository and terminating at 10,000 years after
the commencement of operation of the repository.
(e) National Environmental Policy Act.--
(1) Submission of statement.--Construction and
operation of the repository shall be considered a major
Federal action significantly affecting the quality of
the human environment for purposes of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.). The Secretary shall submit an environmental
impact statement on the construction and operation of
the repository to the Commission with the license
application and shall supplement such environmental
impact statement as appropriate.
(2) Considerations.--For purposes of complying with
the requirements of the National Environmental Policy
Act of 1969 and this section, the Secretary shall not
consider in the environmental impact statement the need
for the repository, or alternative sites or designs for
the repository.
(3) Adoption by Commission.--The Secretary's
environmental impact statement and any supplements
thereto shall, to the extent practicable, be adopted by
the Commission in connection with the issuance by the
Commission of a construction authorization under
subsection (b)(1), a license under subsection (b)(2),
or a license amendment under subsection (b)(3). To the
extent such statement or supplement is adopted by the
Commission, such adoption shall be deemed to also
satisfy the responsibilities of the Commission under
the National Environmental Policy Act of 1969, and no
further consideration shall be required, except that
nothing in this subsection shall affect any independent
responsibilities of the Commission to protect the
public health and safety under the Atomic Energy Act of
1954. In any such statement or supplement prepared with
respect to the repository, the Commission shall not
consider the need for a repository, or alternate sites
or designs for the repository.
(f) Judicial Review.--No court shall have jurisdiction to
enjoin issuance of the Commission repository licensing
regulations prior to its final decision on review of such
regulations.
SEC. 206. LAND WITHDRAWAL.
(a) Withdrawal and Reservation.--
(1) Withdrawal.--Subject to valid existing rights,
the interim storage facility site and the Yucca
Mountain site, as described in subsection (b), are
withdrawn from all forms of entry, appropriation, and
disposal under the public land laws, including the
mineral leasing laws, the geothermal leasing laws, the
material sale laws, and the mining laws.
(2) Jurisdiction.--Jurisdiction of any land within
the interim storage facility site and the Yucca
Mountain site managed by the Secretary of the Interior
or any other Federal officer is transferred to the
Secretary.
(3) Reservation.--The interim storage facility site
and the Yucca Mountain site are reserved for the use of
the Secretary for the construction and operation,
respectively, of the interim storage facility and the
repository and activities associated with the purposes
of this title.
(b) Land Description.--
(1) Boundaries.--The boundaries depicted on the map
entitled ``Interim Storage Facility Site Withdrawal
Map,'' dated March 13, 1995, and on file with the
Secretary, are established as the boundaries of the
Interim Storage Facility site.
(2) Boundaries.--The boundaries depicted on the map
entitled ``Yucca Mountain Site Withdrawal Map,'' dated
March 13, 1995, and on file with the Secretary, are
established as the boundaries of the Yucca Mountain
site.
(3) Notice and maps.--Within 6 months of the date of
the enactment of the Nuclear Waste Policy Act of 1996,
the Secretary shall--
(A) publish in the Federal Register a notice
containing a legal description of the interim
storage facility site; and
(B) file copies of the maps described in
paragraph (1), and the legal description of the
interim storage facility site with the
Congress, the Secretary of the Interior, the
Governor of Nevada, and the Archivist of the
United States.
(4) Notice and maps.--Concurrent with the Secretary's
application to the Commission for authority to
construct the repository, the Secretary shall--
(A) publish in the Federal Register a notice
containing a legal description of the Yucca
Mountain site; and
(B) file copies of the maps described in
paragraph (2), and the legal description of the
Yucca Mountain site with the Congress, the
Secretary of the Interior, the Governor of
Nevada, and the Archivist of the United States.
(5) Construction.--The maps and legal descriptions of
the interim storage facility site and the Yucca
Mountain site referred to in this subsection shall have
the same force and effect as if they were included in
this Act. The Secretary may correct clerical and
typographical errors in the maps and legal descriptions
and make minor adjustments in the boundaries of the
sites.
SEC. 207. PERMANENT DISPOSAL ALTERNATIVES.
(a) Study.--Within 270 days after the date of the enactment
of the Nuclear Waste Policy Act of 1996, the Secretary shall
report to Congress on alternatives for the permanent disposal
of spent nuclear fuel and high-level radioactive waste. The
report under this section shall include--
(1) an assessment of the current state of knowledge
of alternative technologies for the treatment and
disposal of spent nuclear fuel and high-level
radioactive waste,
(2) an estimate of the costs of research and
development of alternative technologies;
(3) an analysis of institutional factors associated
with alternative technologies, including international
aspects of a decision of the United States to proceed
with the development of alternative technologies
(including nuclear proliferation concerns) as an option
for nuclear waste management and disposal;
(4) a full discussion of environmental and public
health and safety aspects of alternative technologies;
(5) recommendations on alternative ways to structure
an effort in research, development, and demonstration
with respect to alternative technologies; and
(6) the recommendations of the Secretary with respect
to research, development, and demonstration of the most
promising alternative technologies for the treatment
and disposal of spent nuclear fuel and high-level
radioactive waste.
(b) Office of Nuclear Waste Disposal Research.--(1) There
is hereby established an Office of Nuclear Waste Disposal
Research within the Office of Energy Research of the Department
of Energy. The Office shall be headed by the Director, who
shall be a member of the Senior Executive Service appointed by
the Director of the Office of Energy Research, and compensated
at a rate determined by applicable law.
(2) The Director of the Office of Nuclear Waste
Research shall be responsible for carrying out
research, development, and demonstration activities on
alternative technologies for the treatment and disposal
of high-level nuclear radioactive waste and spent
nuclear fuel, subject to the general supervision of the
Secretary. The Director of the Office shall be directly
responsible to the Director of the Office of Energy
Research, and the first such Director shall be
appointed within 30 days of the date of enactment of
the Nuclear Waste Policy Act of 1996.
(3) In carrying out his responsibilities under this
Section, the Secretary may make grants to, or enter
into contracts with, the Nuclear Waste Research
Consortium described in paragraph (4) of this section
and other persons.
(4)(A) Within 60 days of the date of enactment of the
Nuclear Waste Policy Act of 1996, the Secretary shall
establish a university-based Nuclear Waste Disposal
Consortium involving leading universities and
institutions, national laboratories, the commercial
nuclear industry, and other organizations to
investigate technical and institutional feasibility of
alternative technologies for the treatment and disposal
of spent nuclear fuel and high-level radioactive waste.
(B) The Nuclear Waste Disposal Consortium shall
develop a research plan and budget to achieve the
following objectives by 2005:
(i) identify promising alternative
technologies for the treatment and disposal of
spent nuclear fuel and high-level radioactive
waste.
(ii) conduct research and develop conceptual
designs for promising alternative technologies,
including estimated costs and institutional
requirements for continued research and
development; and
(iii) identify and assess potential impacts
of promising alternative technologies on the
environment.
(C) In 2000, and again in 2005, the Nuclear Waste
Disposal Consortium shall report to Congress on the
progress being made in achieving the objectives of
paragraph (2).
(5) The Director of the Office of Nuclear Waste
Disposal Research shall annually prepare and submit a
report to the Congress on the activities and
expenditures of the Office.
TITLE III--FUNDING AND ORGANIZATION
SEC. 301. PROGRAM FUNDING.
(a) Contracts.--
(1) Authority of secretary.--In the performance of
the Secretary's functions under this Act, the Secretary
is authorized to enter into contracts with any person
who generates or holds title to spent nuclear fuel or
high level radioactive waste of domestic origin for the
acceptance of title and possession, transportation,
interim storage, and disposal of such waste or spent
fuel. Such contracts shall provide for payment of
annual fees to the Secretary in the amounts set by the
Secretary pursuant to paragraphs (2) and (3).
Subsequent to the date of enactment of the Nuclear
Waste Policy Act of 1996, the contracts executed under
section 302(a) of the Nuclear Waste Policy Act of 1982
shall continue in effect under this Act, provided that
the Secretary shall consent to an amendment to such
contracts as necessary to implement the provisions of
this Act.
(2) Annual fees.--For electricity generated by
civilian nuclear power reactors and sold on or after
January 7, 1983, the fee under paragraph (1) shall be
equal to 1.0 mill per kilowatt hour generated and sold.
(3) One-time fee.--For spent nuclear fuel or
solidified high-level radioactive waste derived from
spent nuclear fuel, which fuel was used to generate
electricity in a civilian nuclear power reactor prior
to January 7, 1983, the fee shall be in an amount
equivalent to an average charge of 1.0 mill per
kilowatt-hour for electricity generated by such spent
nuclear fuel, or such solidified high-level waste
derived therefrom, and incorporated in the contracts.
Payment of such one-time fee prior to the date of
enactment of the Nuclear Waste Policy Act of 1996
pursuant to the contracts, including any interest due
pursuant to such contracts, shall be paid to the
Nuclear Waste Fund. In paying such a fee, the person
delivering spent nuclear fuel or high-level radioactive
wastes derived therefrom, to the Secretary shall have
no further financial obligation to the Federal
Government for the long-term storage and permanent
disposal of such fuel or high-level radioactive waste.
(4) Adjustments to fee.--The Secretary shall annually
review the amount of the fees established by paragraphs
(2) and (3), together with the existing balance of the
Nuclear Waste Fund on the date of enactment of the
Nuclear Waste Policy Act of 1996, to evaluate whether
collection of the fee will provide sufficient revenues
to offset the costs as defined in subsection (c)(2). In
the event the Secretary determines that the revenues
being collected are either insufficient or excessive to
recover the costs incurred by the Federal Government
that are specified in subsection (c)(2), the Secretary
shall propose an adjustment to the fee to ensure full
cost recovery. The Secretary shall immediately transmit
the proposal for such an adjustment to both houses of
Congress.
(b) Advance Contracting Requirement.--
(1) In general.--
(A) License issuance and renewal.--The
Commission shall not issue or renew a license
to any person to use a utilization or
production facility under the authority or
section 103 or 104 of the Atomic Energy Act of
1954 (42 U.S.C. 2133, 2134) unless--
(i) such person has entered into a
contract under subsection (a) with the
Secretary; or
(ii) the Secretary affirms in writing
that such person is actively and in
good faith negotiating with the
Secretary for a contract under this
section.
(B) Precondition.--The Commission, as it
deems necessary or appropriate, may require as
a precondition to the issuance or renewal of a
license under section 103 or 104 of the Atomic
Energy Act of 1954 (42 U.S.C. 2133, 2134) that
the applicant for such license shall have
entered into an agreement with the Secretary
for the disposal of spent nuclear fuel and
high-level radioactive waste that may result
from the use of such license.
(2) Disposal in repository.--Except as provided in
paragraph (1), no spent nuclear fuel or high-level
radioactive waste generated or owned by any person
(other than a department of the United States referred
to in section 101 or 102 of title 5, United States
Code) may be disposed of by the Secretary in the
repository unless the generator or owner of such spent
fuel or waste has entered into a contract under
subsection (a) with the Secretary by not later than the
date on which such generator or owner commences
generation of, or takes title to, such spent fuel or
waste.
(3) Assignment.--The rights and duties of contract
holders are assignable.
(c) Nuclear Waste Fund.--
(1) In general.--The Nuclear Waste Fund established
in the Treasury of the United States under section
302(c) of the Nuclear Waste Policy Act of 1982 shall
continue in effect under this Act and shall consist
of--
(A) the existing balance in the Nuclear Waste
Fund on the date of enactment of the Nuclear
Waste Policy Act of 1996; and
(B) all receipts, proceeds, and recoveries
realized under subsections (a), and (c)(3)
subsequent to the date of enactment of the
Nuclear Waste Policy Act of 1996, which shall
be deposited in the Nuclear Waste Fund
immediately upon their realization.
(2) Use.--The Secretary may make expenditures from
the Nuclear Waste Fund, subject to subsections (d),
only for purposes of the integrated management system.
(3) Administration of nuclear waste fund.--
(A) In general.--The Secretary of the
Treasury shall hold the Nuclear Waste Fund and,
after consultation with the Secretary, annually
report to the Congress on the financial
condition and operations of the Nuclear Waste
Fund during the preceding fiscal year.
(B) Amounts in excess of current needs.--If
the Secretary determines that the Nuclear Waste
Fund contains at any time amounts in excess of
current needs, the Secretary may request the
Secretary of the Treasury to invest such
amounts, or any portion of such amounts as the
Secretary determines to be appropriate, in
obligations of the United States--
(i) having maturities determined by
the Secretary of the Treasury to be
appropriate to the needs of the Nuclear
Waste Fund; and
(ii) bearing interest at rates
determined to be appropriate by the
Secretary of the Treasury, taking into
consideration the current average
market yield on outstanding marketable
obligations of the United States with
remaining periods to maturity
comparable to the maturities of such
investments, except that the interest
rate on such investments shall not
exceed the average interest rate
applicable to existing borrowings.
(C) Exemption.--Receipts, proceeds, and
recoveries realized by the Secretary under this
section, and expenditures of amounts from the
Nuclear Waste Fund, shall be exempt from annual
apportionment under the provisions of
subchapter II of chapter 15 of title 31, United
States Code.
(d) Budget.--The Secretary shall submit the budget for
implementation of the Secretary's responsibilities under this
Act to the Office of Management and Budget annually along with
the budget of the Department of Energy submitted at such time
in accordance with chapter 11 of title 31, United States Code.
The budget shall consist of the estimates made by the Secretary
of expenditures under this Act and other relevant financial
matters for the succeeding 3 fiscal years, and shall be
included in the budget of the United States Government. The
Secretary may make expenditures from the Waste Fund, subject to
appropriations, which shall remain available until expended.
SEC. 302. OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT.
(a) Continuation of the Office of Civilian Radioactive
Waste Management.--The Office of Civilian Radioactive Waste
Management established under section 304(a) of the Nuclear
Waste Policy Act of 1982 as constituted prior to the date of
enactment of the Nuclear Waste Policy Act of 1996, shall
continue in effect subsequent to the date of enactment of the
Nuclear Waste Policy Act of 1996.
(b) Director.--The Office shall be headed by the Director,
who shall be appointed by the President, by and with the advice
and consent of the Senate, and who shall be compensated at the
rate payable for level IV of the Executive Schedule under
section 5315 of title 5, United States Code.
SEC. 303. FEDERAL CONTRIBUTION.
(a) Allocation.--No later than one year from the date of
enactment of the Nuclear Waste Policy Act of 1996, acting
pursuant to section 553 of title 5, United States Code, the
Secretary shall issue a final rule establishing the appropriate
portion of the costs of managing spent nuclear fuel and high-
level radioactive waste under this Act allocable to the interim
storage or permanent disposal of spent nuclear fuel and high-
level radioactive waste from atomic energy defense activities
and spent nuclear fuel from foreign research reactors. The
share of costs allocable to the management of spent nuclear
fuel and high-level radioactive waste from atomic energy
defense activities and spent nuclear fuel from foreign research
reactors shall include,
(1) an appropriate portion of the costs associated
with research and development activities with respect
to development of an interim storage facility and
repository; and
(2) as appropriate, interest on the principal amounts
due calculated by reference to the appropriate Treasury
bill rate as if the payments were made at a point in
time consistent with the payment dates for spent
nuclear fuel and high-level radioactive waste under the
contracts.
(b) Appropriation Request.--In addition to any request for
an appropriation from the Nuclear Waste Fund, the Secretary
shall request annual appropriations from general revenues in
amounts sufficient to pay the costs of the management of spent
nuclear fuel and high-level radioactive waste from atomic
energy defense activities as established under subsection (a).
(c) Report.--In conjunction with the annual report
submitted to Congress under Section 702, the Secretary shall
advise the Congress annually of the amount of spent nuclear
fuel and high-level radioactive waste from atomic energy
defense activities requiring management in the integrated
management system.
(d) Authorization.--There is authorized to be appropriated
to the Secretary, from general revenues, for carrying out the
purposes of this Act, such sums as may be necessary to pay the
costs of the management of spent nuclear fuel and high-level
radioactive waste from Atomic energy defense activities as
established under subsection (a).
SEC. 304. BUDGET PRIORITIES.
(a) The Secretary.--For purposes of preparing annual
requests for appropriation for the integrated management system
and allocating funds among competing requirements, the
Secretary shall give funding for the licensing, construction,
and operation of the interim storage facility under section 204
and development of the transportation capability under sections
201, 202 and 203 the highest priority.
(b) The Commission.--For purposes of preparing annual
requests for appropriations from the Nuclear Waste Fund and
allocating annual appropriations from the Nuclear Waste Fund
among competing requirements, the Commission shall allocate
funds in accordance with the following prioritization:
(1) the issuance of regulations for and the licensing
of an interim storage facility under section 205 and
any associated storage and/or transport systems to be
used in the integrated management system shall be
accorded the highest priority; and
(2) the licensing of the repository under section 206
shall be accorded the next highest priority.
TITLE IV--GENERAL AND MISCELLANEOUS PROVISIONS
SEC. 401. COMPLIANCE WITH OTHER LAWS.
The actions authorized by the Nuclear Waste Policy Act of
1996 shall be governed soley in accordance with the provisions
of the Atomic Energy Act, the Energy Reorganization Act of
1974, the Hazardous Materials Transportation Act, the Nuclear
Waste Policy Act of 1996, and the regulations issued
thereunder. Such activities shall not be subject to any other
federal, state, or local atomic energy, environmental or land
use laws, regulations or orders including, but no limited to,
those requiring permits, license, rights-of-way, certifications
of authoriztions, that would otherwise apply to such
activities.
SEC. 402. JUDICIAL REVIEW OF AGENCY ACTIONS.
(a) Jurisdiction of the United States Courts of Appeals.--
(1) Original and Exclusive Jurisdiction.--Except for
review in the Supreme Court of the United States, and
except as otherwise provided in this Act, the United
States courts of appeals shall have original and
exclusive jurisdiction over any civil action--
(A) for review of any final decision or
action of the Secretary, the President, or the
Commission under this Act;
(B) alleging the failure of the Secretary,
the President, or the Commission to make any
decision, or take any action, required under
this Act;
(C) challenging the constitutionality of any
decision made, or action taken, under any
provision of this Act; or
(D) for review of any environmental impact
statement prepared or environmental assessment
pursuant to the National Environmental Policy
Act 1969 (42 U.S.C. 4321 et seq.) with respect
to any action under this Act or alleging a
failure to prepare such statement with respect
to such action.
(2) Venue.--The venue of any proceeding under this
section shall be in the judicial circuit in which the
petitioner involved resides or has its principal
office, or in the United States Court of Appeals for
the District of Columbia Circuit.
(b) Deadline for Commencing Action.--A civil action for
judicial review described under subsection (a)(1) may be
brought no later than 180 days after the date of the decision
or action or failure to act involved, as the case may be,
except that if a party shows that he did not know of the
decision or action complained of (or of the failure to act),
and that a reasonable person acting under the circumstances
would have known, such party may bring a civil action no later
than 180 days after the date such party acquired actual or
constructive knowledge of such decision, action, or failure to
act.
(c) Application of Other Law.--The provisions of this
section relating to any matter shall apply in lieu of the
provisions of any Act relating to the same matter.
SEC. 403. LICENSING OF FACILITY EXPANSIONS AND TRANSSHIPMENTS.
(a) Oral Argument.--In any Commission hearing under section
189 of the Atomic Energy Act of 1954 (42 U.S.C. 2239) on an
application for a license, or for an amendment to an existing
license, filed after January 7, 1983, to expand the spent
nuclear fuel storage capacity at the site of a civilian nuclear
power reactor, through the use of high-density fuel storage
racks, fuel rod compaction, the transshipment of spent nuclear
fuel to another civilian nuclear power reactor within the same
utility system, the construction of additional spent nuclear
fuel pool capacity or dry storage capacity, or by other means,
the Commission shall, at the request of any party, provide an
opportunity for oral argument with respect to any matter which
the Commission determines to be in controversy among the
parties. The oral argument shall be preceded by such discovery
procedures as the rules of the Commission shall provide. The
Commission shall require each party, including the Commission
staff, to submit in written form, at the time of the oral
argument, a summary of the facts, data, and arguments upon
which such party proposes to rely that are known at such time
to such party. Only facts and data in the form of sworn
testimony or written submission may be relied upon by the
parties during oral argument. Of the materials that may be
submitted by the parties during oral argument, the Commission
shall only consider those facts and data that are submitted in
the form of sworn testimony or written submission.
(b) Adjudicatory Hearing--
(1) Designation--At the conclusion of any oral
argument under subsection (a) the Commission shall
designate any disputed question of fact, together with
any remaining questions of law, for resolution in an
adjudicatory hearing only if it determines that--
(A) there is a genuine and substantial
dispute of fact which can only be resolved with
sufficient accuracy by the introduction of
evidence in an adjudicatory hearing; and
(B) the decision of the Commission is likely
to depend in whole or in part on the resolution
of such dispute
(2) Determination.--In making a determination under
this subsection, the Commission--
(A) shall designate in writing the specific
facts that are in genuine and substantial
dispute, the reason why the decision of the
agency is likely to depend on the resolution of
such facts, and the reason why an adjudicatory
hearing is likely to resolve the dispute; and
(B) shall not consider--
(i) any issue relating to the design,
construction, or operation of any
civilian nuclear power reactor already
licensed to operate at such site, or
any civilian nuclear power reactor to
which a construction permit has been
granted at such site, unless the
Commission determines that any such
issue substantially affects the design,
construction, or operation of the
facility or activity for which such
license application, authorization, or
amendment is being considered; or
(ii) any siting or design issue fully
considered and decided by the
Commission in connection with the
issuance of a construction permit or
operating license for a civilian
nuclear power reactor at such site,
unless
(I) such issue results from
any revision of siting or
design criteria by the
Commission following such
decision; and
(II) the Commission
determines that such issue
substantially affects the
design, construction, or
operation of the facility or
activity for which such license
application, authorization, or
amendment is being considered.
(3) Application.--The provisions of paragraph (2)(B)
shall apply only with respect to licenses,
authorizations, or amendments to licenses or
authorizations, applied for under the Atomic Energy Act
of 1954 (42 U.S.C. 2000 et seq.) before December 31,
2005.
(4) Construction.--The provisions of this section
shall not apply to the first application for a license
or license amendment received by the Commission to
expand onsite spent fuel storage capacity by the use of
new technology not previously approved for use at any
nuclear power plant by the Commission.
(c) Judicial Review.--No court shall hold unlawful or set
aside a decision of the Commission in any proceeding described
in subsection (a) because of a failure by the Commission to use
a particular procedure pursuant to this section unless--
(1) an objection to the procedure used was presented
to the Commission in a timely fashion or there are
extraordinary circumstances that excuse the failure to
present a timely objection; and
(2) the court finds that such failure has precluded a
fair consideration and informed resolution of a
significant issue of the proceeding taken as a whole.
SEC. 404. SITING A SECOND REPOSITORY.
(a) Congressional Action Required.--The Secretary may not
conduct site-specific activities with respect to a second
repository unless Congress has specifically authorized and
appropriated funds for such activities.
(b) Report.--The Secretary shall report to the President
and to Congress on or after January 1, 2007, but not later than
January 1, 2010, on the need for a second repository.
SEC. 405. FINANCIAL ARRANGEMENTS FOR LOW-LEVEL RADIOACTIVE WASTE SITE
CLOSURE.
(a) Financial Arrangements.--
(1) Standards and instructions.--The Commission shall
establish by rule, regulation, or order, after public
notice, and in accordance with section 181 of the
Atomic Energy Act of 1954 (42 U.S.C. 2231), such
standards and instructions as the Commission may deem
necessary or desirable to ensure in the case of each
license for the disposal of low-level radioactive waste
that an adequate bond, surety, or other financial
arrangement (as determined by the Commission) will be
provided by a licensee to permit completion of all
requirements established by the Commission for the
decontamination, decommissioning, site closure, and
reclamation of sites, structures, and equipment used in
conjunction with such low-level radioactive waste. Such
financial arrangements shall be provided and approved
by the Commission, or, in the case of sites within the
boundaries of any agreement State under section 274 of
the Atomic Energy Act of 1954 (42 U.S.C. 2021), by the
appropriate State or State entity, prior to issuance of
licenses for low-level radioactive waste disposal or,
in the case of licenses in effect on January 7, 1983,
prior to termination of such licenses.
(2) Bonding, surety, or other financial
arrangements.--If the Commission determines that any
long-term maintenance or monitoring, or both, will be
necessary at a site described in paragraph (1), the
Commission shall ensure before termination of the
license involved that the licensee has made available
such bonding, surety, or other financial arrangements
as may be necessary to ensure that any necessary long-
term maintenance or monitoring needed for such site
will be carried out by the person having title and
custody for such site following license termination.
(b) Title and Custody.--
(1) Authority of secretary.--The Secretary shall have
authority to assume title and custody of low-level
radioactive waste and the land on which such waste is
disposed of, upon request of the owner of such waste
and land and following termination of the license
issued by the Commission for such disposal, if the
Commission determines that--
(A) the requirements of the Commission for
site closure, decommissioning, and
decontamination have been met by the licensee
involved and that such licensee is in
compliance with the provisions of subsection
(a);
(B) such title and custody will be
transferred to the Secretary without cost to
the Federal Government; and
(C) Federal ownership and management of such
site is necessary or desirable in order to
protect the public health and safety, and the
environment.
(2) Protection.--If the Secretary assumes title and
custody of any such waste and land under this
subsection, the Secretary shall maintain such waste and
land in a manner that will protect the public health
and safety, and the environment.
(c) Special Sites.--If the low-level radioactive waste
involved is the result of a licensed activity to recover
zirconium, hafnium, and rare earths from source material, the
Secretary, upon request of the owner of the site involved,
shall assume title and custody of such waste and the land on
which it is disposed when such site has been decontaminated and
stabilized in accordance with the requirements established by
the Commission and when such owner has made adequate financial
arrangements approved by the Commission for the long-term
maintenance and monitoring of such site.
SEC. 406. NUCLEAR REGULATORY COMMISSION TRAINING AUTHORIZATION.
The Commission is authorized and directed to promulgate
regulations, or other appropriate regulatory guidance, for the
training and qualifications of civilian nuclear power plant
operators, supervisors, technicians, and other appropriate
operating personnel. Such regulations or guidance shall
establish simulator training requirements for applicants for
civilian nuclear power plant operator licenses and for operator
requalification programs, requirements governing Commission
administration of requalification examinations; requirements
for operating tests at civilian nuclear power plant simulators,
and instructional requirements for civilian nuclear power plan
licensee personnel training programs.
SEC. 407. EMPLACEMENT SCHEDULE.
(a) The emplacement schedule shall be implemented in
accordance with the following:
(1) Emplacement priority ranking shall be determined
by the Department's annual ``Acceptance Priority
Ranking'' report.
(2) The Secretary's spent fuel emplacement rate shall
be no less than the following: 1,200 MTU in 1999 and
1,200 MTU in 2000; 2,000 MTU in 2001 and 2000 MTU in
2002; 2,700 MTU in 2003; and 3,000 MTU annually
thereafter.
(b) If the Secretary is unable to begin emplacement by
January 31, 1999 at the rates specified in paragraph (a), or if
the cumulative amount emplaced in any year thereafter is less
than that which would have been accepted under the emplacement
rate specified in paragraph (a), the Secretary shall, as a
mitigation measure, adjust the emplacement schedule upward such
that within 5 years of the start of emplacement by the
Secretary,
(1) the total quantity accepted by the Secretary is
consistent with the total quantity that the Secretary
would have accepted if the Secretary had began
emplacement in 1999, and
(2) thereafter the emplacement rate is equivalent to
the rate that would be in place pursuant to paragraph
(a) above if the Secretary had commenced emplacement in
1999.
SEC. 408. EMERGENCY RELIEF.
(a) If the Secretary determines that a contract holder
qualifies for emergency relief under this paragraph, the
contract holder may execute an emergency relief contract with
entities, qualified to provide interim storage and
conditioning. Under the emergency relief contract, the
qualified entities would package, ship, and receive a contract
holder's spent nuclear fuel for interim storage and
conditioning, with any spent nuclear fuel and the equivalent
radioactive residues resulting from any conditioning services
returned to the Secretary no later than December 31, 2045.
(b) A contract holder qualifies for emergency relief under
this section if the contract holder--
(1) has exhausted its existing on-site storage
capacity;
(2) is unable to complete scheduled decommissioning
because spent nuclear fuel cannot be removed from the
site;
(3) the spent fuel is of a nonstandard form which
cannot be accepted at the central storage facility; or
(4) the Secretary determines there is a situation
that requires emergency relief under this paragraph.
(c) Title to all spent nuclear fuel and high-level
radioactive waste resulting from the treatment of that fuel
subject to an emergency relief contract under this paragraph
shall transfer to the Secretary upon packaging of the fuel by
the qualified entity.
SEC. 409. TRANSFER OF TITLE.
Acceptance by the Secretary of any spent nuclear fuel or
high-level radioactive waste shall constitute a transfer of
title to the Secretary.
SEC. 410. ENVIRONMENTAL REQUIREMENTS.
Notwithstanding any other law or regulation, the
obligations of the Secretary and the Commission pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) in connection with the siting, design, licensing,
construction or operation of any component of the integrated
management system are as set forth in this Act and no further
actions other than those specified are required to meet the
Secretary's or the Commission's obligations under such Act.
SEC. 411. 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.
TITLE V--NUCLEAR WASTE TECHNICAL REVIEW BOARD
SEC. 501. DEFINITIONS.
For purposes of this title--
(1) Chairman.--The term ``Chairman'' means the
Chairman of the Nuclear Waste Technical Review Board.
(2) Board.--The term ``Board'' means the Nuclear
Waste Technical Review Board continued under section
602.
SEC. 502. NUCLEAR WASTE TECHNICAL REVIEW BOARD.
(a) Continuation of the Nuclear Waste Technical Review
Board.--The Nuclear Waste Technical Review Board, established
under section 502(a) of the Nuclear Waste Policy Act of 1982 as
constituted prior to the date of enactment of the Nuclear Waste
Policy Act of 1996, shall continue in effect subsequent to the
date of enactment of the Nuclear Waste Policy Act of 1996.
(b) Members.--
(1) Number.--The Board shall consist of 11 members
who shall be appointed by the President not later than
90 days after December 22, 1987, from among persons
nominated by the National Academy of Sciences in
accordance with paragraph (3).
(2) Chair.--The President shall designate a member of
the Board to serve as Chairman.
(3) National academy of sciences.--
(A) Nominations.--The National Academy of
Sciences shall, not later than 90 day after
December 22, 1987, nominate not less than 22
persons for appointment to the Board from among
persons who meet the qualifications described
in subparagraph (C).
(B) Vacancies.--The National Academy of
Sciences shall nominate not less than 2 persons
to fill any vacancy on the Board from among
persons who meet the qualifications described
in subparagraph (C).
(C) Nominees.--
(i) Each person nominated for
appointment to the Board shall be--
(I) eminent in a field of
science or engineering,
including environmental
sciences; and
(II) selected solely on the
basis of established records of
distinguished service.
(ii) The membership of the Board
shall be representatives of the broad
range of scientific and engineering
disciplines related to activities under
this title.
(iii) No person shall be nominated
for appointment to the Board who is an
employee of--
(I) the Department of Energy;
(II) a national laboratory
under contract with the
Department of Energy; or
(III) an entity performing
spent nuclear fuel or high-
level radioactive waste
activities under contract with
the Department of Energy.
(4) Vacancies.--Any vacancy on the Board shall be
filled by the nomination and appointment process
described in paragraphs (1) and (3).
(5) Terms.--Members of the Board shall be appointed
for terms of 4 years, each such term to commence 120
days after December 22, 1987, except that of the 11
members first appointed to the Board, 5 shall serve for
2 years and 6 shall serve for 4 years, to be designated
by the President at the time of appointment.
SEC. 503. FUNCTIONS.
The Board shall evaluate the technical and scientific
validity of activities undertaken by the Secretary after
December 22, 1987, including--
(1) site characterization activities; and
(2) activities relating to the packaging or
transportation of spent nuclear fuel or high-level
radioactive waste.
SEC. 504. INVESTIGATORY POWERS.
(a) Hearings.--Upon request of the Chairman or a majority
of the members of the Board, the Board may hold such hearings,
sit and act at such times and places, take such testimony, and
receive such evidence, as the Board considers appropriate. Any
member of the Board may administer oaths or affirmations to
witnesses appearing before the Board.
(b) Production of Documents.--
(1) Response to inquiries.--Upon the request of the
Chairman or a majority of the members of the Board, and
subject to existing law, the Secretary (or any
contractor of the Secretary) shall provide the Board
with such records, files, papers, data, or information
as may be necessary to respond to any inquiry of the
Board under this title.
(2) Extent.--Subject to existing law, information
obtainable under paragraph (1) shall not be limited to
final work products of the Secretary, but shall include
drafts of such products and documentation of work in
progress.
SEC. 505. COMPENSATION OF MEMBERS.
(a) In General.--Each member of the Board shall be paid at
the rate of pay payable for level III of the Executive Schedule
for each day (including travel time) such member is engaged in
the work of the Board.
(b) Travel Expenses.--Each member of the Board may receive
travel expenses, including per diem in lieu of subsidence, in
the same manner as is permitted under sections 5702 and 5703 of
title 5, United States Code.
SEC. 506. STAFF.
(a) Clerical Staff.--
(1) Authority of chairman.--Subject to paragraph (2),
the Chairman may appoint and fix the compensation of
such clerical staff as may be necessary to discharge
the responsibilities of the Board.
(2) Provisions of title 5.--Clerical staff shall be
appointed subject to the provisions of title 5, United
States Code, governing appointments in the competitive
service, and shall be paid in accordance with the
provisions of chapter 51 and subchapter III of chapter
3 of such title relating to classification and General
Schedule pay rates.
(b) Professional Staff.--
(1) Authority of chairman.--Subject to paragraphs (2)
and (3), the Chairman may appoint and fix the
compensation of such professional staff as may be
necessary to discharge the responsibilities of the
Board.
(2) Number.--Not more than 10 professional staff
members may be appointed under this subsection.
(3) Title 5.--Professional staff members may be
appointed without regard to the provisions of title 5,
United States Code, governing appointments in the
competitive service, and may be paid without regard to
the provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to classification and
General Schedule pay rates, except that no individual
so appointed may receive pay in excess of the annual
rate of basic pay payable for GS-18 of the General
Schedule.
SEC. 507. SUPPORT SERVICES.
(a) General Services.--To the extent permitted by law and
requested by the Chairman, the Administrator of General
Services shall provide the Board with necessary administrative
services, facilities, and support on a reimbursable basis.
(b) Accounting, Research, and Technology Assessment
Services.--The Comptroller General, the Librarian of Congress,
and the Director of the Office of Technology Assessment shall,
to the extent permitted by law and subject to the availability
of funds, provide the Board with such facilities, support,
funds and services, including staff, as may be necessary for
the effective performance of the functions of the Board.
(c) Additional Support.--Upon the request of the Chairman,
the Board may secure directly from the head of any department
or agency of the United States information necessary to enable
it to carry out this title.
(d) Mails.--The Board may use the United States mails in
the same manner and under the same conditions as other
departments and agencies of the United States.
(e) Experts and Consultants.--Subject to such rules as may
be prescribed by the Board, the Chairman may procure temporary
and intermittent services under section 3109(b) of title 5 of
the United States Code, but at rates for individuals not to
exceed the daily equivalent of the maximum annual rate of basic
pay payable for GS-18 of the General Schedule.
SEC. 508. REPORT.
The Board shall report not less than 2 times per year to
Congress and the Secretary its findings, conclusions, and
recommendations.
SEC. 509. AUTHORIZATION OF APPROPRIATIONS
There are authorized to be appropriated for expenditures
such sums as may be necessary to carry out the provisions of
this title.
SEC. 510. TERMINATION OF THE BOARD.
The Board shall cease to exist not later than one year
after the date on which the Secretary begins disposal of spent
nuclear fuel or high-level radioactive waste in the repository.