Union Calendar No. 92
106th CONGRESS
1st Session
H. R. 45
[Report No. 106-155, Part I]
A BILL
To amend the Nuclear Waste Policy Act of 1982.
June 2, 1999
The Committees on Resources and the Budget discharged; committed to the
Committee of the Whole House on the State of the Union and ordered to be
printed
HR 45 RH
Union Calendar No. 92
106th CONGRESS
1st Session
H. R. 45
[Report No. 106-155, Part I]
To amend the Nuclear Waste Policy Act of 1982.
IN THE HOUSE OF REPRESENTATIVES
January 6, 1999
Mr. UPTON (for himself, Mr. TOWNS, Mr. BARTON of Texas, Mr. HALL of Texas,
Mr. HOLDEN, Mr. NORWOOD, Mr. GORDON, Mr. OXLEY, Mr. BURR of North Carolina, Mr.
KLINK, Mr. WHITFIELD, Mr. SPRATT, Mr. HOEKSTRA, Mr. LIVINGSTON, Mr. KANJORSKI,
Mr. BILIRAKIS, Mr. GRAHAM, Mr. PETERSON of Pennsylvania, Mr. CANADY of Florida,
Mr. MANZULLO, Mr. RAMSTAD, Mr. HUTCHINSON, Mr. PICKERING, Mr. GUTKNECHT, Mr.
LOBIONDO, Mr. SHIMKUS, Mr. NETHERCUTT, Mr. ROHRABACHER, Mr. FOLEY, Mr. TAYLOR of
North Carolina, Mr. BEREUTER, Mr. OBERSTAR, Mr. LIPINSKI, Mr. STUPAK, Mr. RUSH,
Mr. SMITH of Michigan, Mr. EHLERS, Mr. KNOLLENBERG, Mr. PORTER, Mr. SISISKY, Mr.
BONIOR, Mr. CAMP, Mr. KILDEE, Mr. BARCIA, Ms. STABENOW, Mr. PETERSON of
Minnesota, Ms. JACKSON-LEE of Texas, and Mr. ALLEN) introduced the following
bill; which was referred to the Committee on Commerce, and in addition to the
Committees on Resources, and Transportation and Infrastructure, for a period to
be subsequently determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the committee concerned
May 20, 1999
Reported from the Committee on Commerce with an amendment
[Strike out all after the enacting clause and insert the part printed in
italic]
May 20, 1999
The Committee on Transportation and Infrastructure discharged
May 20, 1999
Referral to the Committee on Resources extended for a period ending not later
than June 2, 1999
May 20, 1999
Referred to the Committee on the Budget for a period ending not later than
June 2, 1999, for consideration of such provisions of the bill and amendment as
fall within the jurisdiction of that committee pursuant to clause 1(e), rule X
June 2, 1999
Additional sponsors: Mr. CALLAHAN, Mr. STEARNS, Mr. GILLMOR, Mr. BAKER, Mrs.
MEEK of Florida, Mr. BOEHLERT, Ms. KILPATRICK, Mr. BORSKI, Mr. SKEEN, Mr.
BALLENGER, Mr. FRANK of Massachusetts, Mr. CHAMBLISS, Mr. WICKER, Mr. WELLER,
Mr. BOUCHER, Mr. SAM JOHNSON of Texas, Mr. JEFFERSON, Ms. PRYCE of Ohio, Mr.
LEVIN, Mrs. BIGGERT, Mr. SPENCE, Mr. BACHUS, Mr. HASTINGS of Washington, Mr.
SNYDER, Mr. HAYES, Mr. COSTELLO, Mr. BOYD, Mr. CRAMER, Mr. SCARBOROUGH, Mr.
LINDER, Mr. WELDON of Florida, Mr. DEMINT, Mrs. MYRICK, Mr. EHRLICH, Mr. TURNER,
Mr. PICKETT, Mr. HASTINGS of Florida, Mr. BRYANT, Mr. KINGSTON, Mr. TERRY, Mr.
TAUZIN, Mr. JOHN, Mr. GREEN of Wisconsin, Mr. BERRY, Mr. GREEN of Texas, Mr.
SHOWS, Ms. ROS-LEHTINEN, Mr. SENSENBRENNER, Mrs. CHENOWETH, Mr. CRANE, Mr.
CLEMENT, Mr. DOOLITTLE, Mr. SWEENEY, Mr. SHADEGG, Mr. SIMPSON, Mr. SESSIONS, Mr.
FROST, Mr. BARRETT of Nebraska, Mr. TIAHRT, Mr. MCCRERY, Mr. EDWARDS, Mr.
HILLIARD, Mr. CALVERT, Mr. DIAZ-BALART, Mr. GOODE, Mrs. THURMAN, Mr. COBLE, Mr.
WAMP, Mr. ETHERIDGE, Mr. GARY MILLER of California, Mr. BARR of Georgia, Mr.
EVERETT, Mr. SHAW, Mr. THORNBERRY, Mr. DICKEY, Mr. BISHOP, Mr. DEUTSCH, Mrs.
JOHNSON of Connecticut, Mr. RYUN of Kansas, Mr. DAVIS of Illinois, Mr. WEXLER,
Mr. CUNNINGHAM, Mr. LAHOOD, Mr. SUNUNU, Mr. MICA, Mr. ISAKSON, Mr. PITTS, Mr.
JENKINS, and Mr. Aderholt
June 2, 1999
The Committees on Resources and the Budget Discharged; committed to the
Committee of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on January
6, 1999]
A BILL
To amend the 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,
SECTION 1. AMENDMENT OF NUCLEAR WASTE POLICY ACT OF 1982.
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 1999'.
`Sec. 1. Short title and table of contents.
`Sec. 3. Findings and purposes.
`TITLE I--INTEGRATED MANAGEMENT SYSTEM
`Sec. 101. Transportation.
`Sec. 102. Transportation planning.
`Sec. 103. Transportation requirements.
`Sec. 104. Interim storage.
`Sec. 105. Permanent disposal.
`Sec. 106. Land withdrawal.
`Sec. 107. Applicability.
`TITLE II--LOCAL RELATIONS
`Sec. 201. On-site representative.
`Sec. 202. Benefits agreements.
`Sec. 203. Content of agreements.
`Sec. 204. Acceptance of benefits.
`Sec. 205. Restriction on use of funds.
`Sec. 206. Initial land conveyances.
`Sec. 207. Payments in lieu of taxes.
`TITLE III--FUNDING AND ORGANIZATION
`Sec. 301. Nuclear Waste Fund.
`Sec. 302. Office of Civilian Radioactive Waste
Management.
`Sec. 303. Defense contribution.
`TITLE IV--GENERAL AND MISCELLANEOUS PROVISIONS
`Sec. 401. Compliance with other laws.
`Sec. 403. Judicial review of agency actions.
`Sec. 404. Licensing of facility expansions and
transshipments.
`Sec. 405. Siting a second repository.
`Sec. 406. Financial arrangements for low-level radioactive waste
site closure.
`Sec. 407. Nuclear Regulatory Commission training
authorization.
`Sec. 408. Subseabed or ocean water disposal.
`Sec. 409. Purchase of American-made equipment and
products.
`TITLE V--NUCLEAR WASTE TECHNICAL REVIEW BOARD
`Sec. 502. Nuclear Waste Technical Review Board.
`Sec. 504. Investigatory powers.
`Sec. 505. Compensation of members.
`Sec. 507. Support services.
`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) AFFECTED INDIAN TRIBE- The term `affected Indian tribe' means
an Indian tribe whose reservation is surrounded by or borders on an affected
unit of local government, or whose federally defined possessory or usage
rights to other lands outside of the border of the Indian tribe's
reservation arising out of congressionally ratified treaties may be affected
by the locating of an interim storage facility or repository, if the
Secretary finds, upon petition of the appropriate government officials of
the Indian tribe, that such affects are both substantial and adverse to the
Indian tribe.
`(3) AFFECTED UNIT OF LOCAL GOVERNMENT- The term `affected unit of
local government' means the unit of local government with jurisdiction over
the site of a repository or interim storage facility. Such term may, at the
discretion of the Secretary, include other units of local government that
are contiguous with such unit.
`(4) ATOMIC ENERGY DEFENSE ACTIVITY- The term `atomic energy defense
activity' means any activity of the Secretary performed in whole or in part
in carrying out any of the following functions:
`(A) Naval reactors development.
`(B) Weapons activities including defense inertial confinement
fusion.
`(C) Verification and control technology.
`(D) Defense nuclear materials production.
`(E) Defense nuclear waste and materials byproducts
management.
`(F) Defense nuclear materials security and safeguards and
security investigations.
`(G) Defense research and development.
`(H) Nuclear nonproliferation.
`(5) CIVILIAN NUCLEAR POWER REACTOR- The term `civilian nuclear
power reactor' means a civilian nuclear power plant required to be licensed
under section 103 or 104 b. of the Atomic Energy Act of 1954 (42 U.S.C.
2133, 2134(b)).
`(6) COMMISSION- The term `Commission' means the Nuclear Regulatory
Commission.
`(7) 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) ENGINEERED BARRIERS- The term `engineered barriers' means
man-made components of a disposal system, including 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.
`(11) HIGH-LEVEL RADIOACTIVE WASTE- The term `high-level radioactive
waste' means--
`(A) the highly radioactive material resulting from the
reprocessing in the United States 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;
`(B) the highly radioactive material resulting from atomic energy
defense activities; and
`(C) any other highly radioactive material that the Commission,
consistent with existing law, determines by rule requires permanent
isolation.
`(12) FEDERAL AGENCY- The term `Federal agency' means any Executive
agency, as defined in section 105 of title 5, United States Code.
`(13) 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)).
`(14) 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.
`(15) 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 I of this Act.
`(16) 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.
`(17) 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.
`(18) METRIC TONS URANIUM AND MTU- 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.
`(19) NUCLEAR WASTE FUND- The term `Nuclear Waste Fund' means the
Nuclear Waste Fund established in the United States Treasury before the date
of enactment of this Act under section 302(c) of the Nuclear Waste Policy
Act of 1982.
`(20) OFFICE- The term `Office' means the Office of Civilian
Radioactive Waste Management established within the Department before the
date of enactment of this Act under section 304(a) of the Nuclear Waste
Policy Act of 1982.
`(21) PACKAGE- The term `package' means the primary container that
holds, and is in direct contact with, solidified high-level radioactive
waste, spent nuclear fuel, or other radioactive materials and any overpack
that are emplaced at a repository.
`(22) PROGRAM APPROACH- The term `program approach' means the
Civilian Radioactive Waste Management Program Plan, dated July 1998, 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 I of this Act for the permanent 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 the Yucca
Mountain 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 the Yucca Mountain 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,
other than foreign spent nuclear fuel, as defined in section 131 f.(4) of
the Atomic Energy Act of 1954 (42 U.S.C. 2160(f)(4)), 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 the Federal Land Policy and Management Act (43 U.S.C. 1702
et seq.).
`(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.
`SEC. 3. FINDINGS AND PURPOSES.
`(a) FINDINGS- The Congress finds that--
`(1) while spent nuclear fuel can be safely stored at reactor sites,
the expeditious movement to and storage of such spent nuclear fuel at a
centralized Federal facility will enhance the Nation's environmental
protection;
`(2) while the Federal Government has the responsibility to provide
for interim storage and permanent disposal of spent nuclear fuel and
high-level radioactive waste to protect the public health and safety and the
environment, the costs of such storage and disposal should be the
responsibility of the generators and owners of such waste and fuel,
including the Federal Government;
`(3) in the interests of protecting the public health and safety and
the environment, promoting the Nation's energy security, and ensuring the
Secretary's ability to commence acceptance of spent nuclear fuel and
high-level radioactive waste by June 30, 2003, it is necessary for Congress
to authorize the interim storage facility;
`(4) deficit-control measures designed to limit appropriation of
general revenues have limited the availability of the Nuclear Waste Fund for
its intended purposes and threaten to undermine the repository program;
and
`(5) the Federal Government has the responsibility to provide for
the permanent disposal of waste generated from United States atomic energy
defense activities.
`(b) PURPOSES- The purposes of this Act are--
`(1) to direct the Secretary to develop an integrated management
system in accordance with this Act so that the Department can accept spent
nuclear fuel and high-level radioactive waste for interim storage commencing
June 30, 2003, and for permanent disposal at a repository commencing January
17, 2010;
`(2) to authorize the Secretary to take title to spent nuclear fuel
and store it on civilian nuclear power reactor sites in order to provide
relief from the financial and other burdens imposed on the owners and
operators of such reactors by the Secretary's failure to accept spent
nuclear fuel in accordance with section 302(a)(5)(B) of the Nuclear Waste
Policy Act of 1982;
`(3) to provide for the siting, construction, and operation of a
repository for permanent geologic disposal of spent nuclear fuel and
high-level radioactive waste in order to adequately protect the public
health and safety and the environment;
`(4) to ensure that consumers' contributions to the Nuclear Waste
Fund are solely dedicated to the purposes for which the Fund was
established; and
`(5) to provide a schedule and process for the expeditious and safe
development and commencement of operation of an integrated management system
and any necessary modifications to the transportation infrastructure to
ensure that the Secretary can accept spent nuclear fuel and high-level
radioactive waste.
`TITLE I--INTEGRATED MANAGEMENT SYSTEM
`SEC. 101. TRANSPORTATION.
`(a) IN GENERAL- The Secretary shall take those actions that are
necessary and appropriate to ensure that the Secretary is able to accept and
transport spent nuclear fuel and high-level radioactive waste by June 30,
2003. The Secretary shall make use of the most safe and efficient method
available to transport spent nuclear fuel and high-level radioactive waste to
the interim storage facility and the Yucca Mountain site. To the extent
practicable, the Secretary shall avoid the shipment of spent nuclear fuel and
high-level radioactive waste through the Las Vegas metropolitan area.
`(b) INTERMODAL TRANSFER- In the event the Secretary determines there
is a need for rail to truck intermodal transfer, the Secretary shall do the
following:
`(1) Develop the capability to commence rail to truck intermodal
transfer at Caliente, Nevada, by June 30, 2003.
`(2) Acquire lands and rights-of-way necessary to commence
intermodal transfer at Caliente, Nevada.
`(3) Acquire and develop on behalf of, and dedicate to, the City of
Caliente, Nevada, 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. Replacement
of land and city wastewater disposal activities shall occur by June 30,
2003.
`(4) Within 6 months of the Secretary's determination of a need for
rail to truck intermodal transfer--
`(A) 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
`(B) 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,
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 in legal descriptions and make minor adjustments in the
boundaries.
For purposes of carrying out this subsection, 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.
`(c) HEAVY-HAUL TRANSPORTATION ROUTE-
`(1) DESIGNATION OF ROUTE- The route for the heavy-haul truck
transport of spent nuclear fuel and high-level radioactive waste shall be as
designated in the map dated July 21, 1997 (referred to as `Heavy-Haul
Route') and on file with the Secretary.
`(2) TRUCK TRANSPORTATION- The Secretary, in consultation with the
State of Nevada and appropriate counties and local jurisdictions, shall
establish reasonable terms and conditions pursuant to which the Secretary
may utilize heavy-haul truck transport to move spent nuclear fuel and
high-level radioactive waste from Caliente, Nevada, to the interim storage
facility site.
`(d) IMPROVEMENTS AND MAINTENANCE OF TRUCK TRANSPORT ROUTE-
Notwithstanding any other law--
`(1) the Secretary shall be responsible for--
`(A) making improvements to existing roadways in Nevada,
and
`(B) any costs related to improving or upgrading Federal, State,
and local roads within the heavy-haul transportation route utilized, and
performing any maintenance activities on such roads,
as necessary, to facilitate year-round safe transport of spent
nuclear fuel and high-level radioactive waste; and
`(2) any such improvement, upgrading, or maintenance activity shall
be funded solely by appropriations made pursuant to sections 301 and 303 of
this Act.
`(e) 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.
`(f) DESIGNATED ROUTE- Consistent with the requirements of subsection
(a), the Secretary may, in lieu of any other route designation under this
section, enter into discussions with the heads of other Federal agencies
regarding alternate routes between Caliente, Nevada and the
Yucca Mountain Site and running through the Nevada Test Site and other
Federal lands.
`SEC. 102. TRANSPORTATION PLANNING.
`(a) TRANSPORTATION READINESS-
`(1) IN GENERAL- As soon as is practicable following the date of
enactment of this Act, the Secretary shall analyze each specific reactor
facility and develop a logistical plan to assure the Secretary's ability to
transport spent nuclear fuel and high-level radioactive waste, using routes
that minimize, to the maximum practicable extent and consistent with Federal
requirements governing transportation of hazardous materials, transportation
of spent nuclear fuel and high-level radioactive waste through populated
areas.
`(2) INSTITUTIONAL PLANS- In conjunction with the development of the
logistical plan in accordance with paragraph (1), 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 by June 30,
2003. 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 103, and transportation tracking programs.
`(b) RAIL ROUTES- Not later than one year after the date of enactment
of this Act, the Secretary of Transportation shall establish procedures for
the selection of preferred rail routes for the transportation of spent nuclear
fuel and high-level radioactive waste to the interim storage facility site and
the Yucca Mountain site. Such procedures shall be established in consultation
with the designated emergency services planning management official for any
State or Indian tribe affected by the rail routes selected.
`SEC. 103. 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
before transportation of spent nuclear fuel or high-level radioactive waste
under this Act.
`(c) TECHNICAL ASSISTANCE-
`(1) IN GENERAL- The Secretary shall provide technical assistance
and funds to States, affected 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 training
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.
`(2) EMPLOYEE ORGANIZATIONS-
`(A) IN GENERAL- The Secretary shall provide technical assistance
and funds for training directly to nonprofit employee organizations,
voluntary emergency response organizations, and joint labor-management
organizations that demonstrate experience in implementing and operating
worker health and safety training and education programs and demonstrate
the ability to reach and involve in training programs target populations
of workers who are or will be directly engaged in the transportation of
spent nuclear fuel and high-level radioactive waste or emergency response
or post-emergency response with respect to such
transportation.
`(B) TRAINING- Training under this paragraph--
`(i) shall cover procedures required for safe routine
transportation of materials and procedures for dealing with emergency
response situations;
`(ii) shall be consistent with any training standards
established by the Secretary of Transportation; and
`(I) a training program applicable to persons responsible for
responding to emergency situations occurring during the removal and
transportation of spent nuclear fuel and high-level radioactive
waste;
`(II) instruction of public safety officers in procedures for
the command and control of the response to any incident involving such
fuel or waste; and
`(III) instruction of radiological protection and emergency
medical personnel in procedures for responding to an incident
involving spent nuclear fuel or high-level radioactive waste being
transported.
`(3) GRANTS- To implement this subsection, grants shall be made from
the Nuclear Waste Fund.
`(4) MINIMIZING DUPLICATION OF EFFORT AND EXPENSES- The Secretaries
of Transportation, Labor, and Energy, Directors of the Federal Emergency
Management Agency and National Institute of Environmental Health Sciences,
the Nuclear Regulatory Commission, and Administrator of the Environmental
Protection Agency shall review periodically, with the head of each
department, agency, or instrumentality of the Government, all emergency
response and preparedness training programs of that department, agency, or
instrumentality to minimize duplication of effort and expense of the
department, agency, or instrumentality in carrying out the programs and
shall take necessary action to minimize duplication.
`(d) USE OF PRIVATE CARRIERS- The Secretary, in providing for the
transportation of spent nuclear fuel and high-level radioactive waste under
this Act, shall by contract use private industry to the fullest extent
possible in 0
each aspect of such transportation. The Secretary shall use direct
Federal services for such transportation only upon a determination by the
Secretary of Transportation, in consultation with the Secretary, that private
industry is unable or unwilling to provide such transportation services at a
reasonable cost.
`(e) EMPLOYEE PROTECTION- Any person engaged in the interstate
commerce of spent nuclear fuel or high-level radioactive waste under contract
to the Secretary pursuant to this Act shall be subject to and comply fully
with the employee protection provisions of section 20109 of title 49, United
States Code (in the case of employees of railroad carriers), and section 31105
of title 49, United States Code (in the case of employees operating commercial
motor vehicles), or the Commission (in the case of all other
employees).
`(1) REGULATION- No later than 12 months after the date of enactment
of this Act, the Secretary of Transportation, pursuant to authority under
other provisions of law, in consultation with the Secretary of Labor and the
Commission, shall promulgate a regulation establishing training standards
applicable to workers directly involved in the removal and transportation of
spent nuclear fuel and high-level radioactive waste. The regulation shall
specify minimum training standards applicable to workers, including
managerial personnel. The regulation shall require that the employer possess
evidence of satisfaction of the applicable training standard before any
individual may be employed in the removal and transportation of spent
nuclear fuel and high-level radioactive waste.
`(2) SECRETARY OF TRANSPORTATION- If the Secretary of Transportation
determines, in promulgating the regulation required by paragraph (1), that
existing Federal regulations establish adequate training standards for
workers, then the Secretary of Transportation can refrain from promulgating
additional regulations with respect to worker training in such activities.
The Secretary of Transportation and the Commission shall use their
Memorandum of Understanding to ensure coordination of worker training
standards and to avoid duplicative regulation.
`(3) TRAINING STANDARDS CONTENT- If training standards are required
to be promulgated under paragraph (1), such standards shall, among other
things deemed necessary and appropriate by the Secretary of Transportation,
provide for--
`(A) a specified minimum number of hours of initial off-site
instruction and actual field experience under the direct supervision of a
trained, experienced supervisor;
`(B) a requirement that on-site managerial personnel receive the
same training as workers, and a minimum number of additional hours of
specialized training pertinent to their managerial responsibilities;
and
`(C) a training program applicable to persons responsible for
responding to and cleaning up emergency situations occurring during the
removal and transportation of spent nuclear fuel and high-level
radioactive waste.
The Secretary of Transportation may specify an appropriate
combination of knowledge, skills, and prior training to fulfill the minimum
number of hours requirements of subparagraphs (A) and (B).
`(4) EMERGENCY RESPONDER TRAINING STANDARDS- The training standards
for persons responsible for responding to emergency situations occurring
during the removal and transportation of spent nuclear fuel and high-level
radioactive waste shall, in accordance with existing regulations, ensure
their ability to protect nearby persons, property, or the environment from
the effects of accidents involving spent nuclear fuel and high-level
radioactive waste.
`(5) AUTHORIZATION- There are authorized to be appropriated to the
Secretary of Transportation, from general revenues, such sums as may be
necessary to perform his duties under this subsection.
`SEC. 104. 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 (42 U.S.C. 2011 et seq.) in accordance with the Commission's regulations
governing the licensing of independent spent fuel storage installations and
shall commence operation in phases by June 30, 2003. The interim storage
facility shall store spent nuclear fuel and high-level radioactive waste until
the Secretary is able to dispose of such fuel and waste in the repository. The
annual acceptance rate at the interim storage facility shall be as follows:
600 MTU in 2003, 1200 MTU in 2004, 2000 MTU in 2005, 2000 MTU in 2006, 2700
MTU in 2007, and 3000 MTU annually thereafter.
`(b) DESIGN- The design of the interim storage facility shall provide
for the use of storage technologies licensed 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.
`(1) PHASES- The interim storage facility shall be licensed by the
Commission in order to commence operations in phases by June 30,
2003.
`(2) FIRST PHASE- No later than 12 months after the date of
enactment of this Act, the Secretary shall submit to the Commission an
application for a license for the first phase of the interim storage
facility. The license for the first phase of the interim storage facility
shall have a term of 20 years. The first phase of the interim storage
facility shall have a capacity of not more than 10,000 MTU. The Commission
shall issue a final decision granting or denying the application for the
first phase license no later than 36 months from the date of the submittal
of the application for such license.
`(3) SECOND PHASE- The Secretary shall submit to the Commission an
application for a license for the second phase of the interim storage
facility. The license for the second phase of the interim storage facility
shall have an additional storage capacity of 30,000 MTU. The license for the
second phase of the
interim storage facility shall have an initial term of up to 100 years
and shall be renewable for additional terms upon application of the
Secretary.
`(d) ADDITIONAL AUTHORITY-
`(1) CONSTRUCTION- For the purpose 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 this Act and shall
commence construction of the first phase of the interim storage facility
subsequent to submittal of the license application 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 and 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 this Act and within the
boundaries of Area 25 of the Nevada Test Site, to protect the public health
and safety or the environment before commencement of operations of the
second phase of the interim storage facility.
`(e) NATIONAL ENVIRONMENTAL POLICY ACT OF 1969-
`(1) PRELIMINARY DECISIONMAKING ACTIVITIES OF THE SECRETARY- The
designation by the Secretary of the interim storage facility site, the
preparation and submittal by the Secretary of any license application for
the interim storage facility, the construction and operation by the
Secretary of the interim storage facility, or any other activity of the
Secretary (other than under subsection (i)) under this section shall be
considered preliminary decisionmaking activities for purposes of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 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 require any environmental review under subparagraph
(E) or (F) of such Act.
`(2) ENVIRONMENTAL IMPACT STATEMENT-
`(A) FINAL DECISION OF THE COMMISSION- A final decision of 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 assume that 40,000 MTU will be stored at the interim
storage facility; 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 interim storage
facility as designated by the Secretary;
`(v) any alternatives to the design criteria for the interim
storage 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.
`(3) ON-SITE STORAGE- Activities of the Secretary under subsection
(i) are not major Federal actions subject to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
`(f) 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 before
its final decision on review of the Commission's licensing action.
`(g) 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.).
`(h) SAVINGS CLAUSE- Nothing in this Act shall affect the Commission's
procedures for the licensing of any technology for the dry storage of spent
nuclear fuel at the site of any civilian nuclear power reactor as adopted by
the Commission under section 218 of the Nuclear Waste Policy Act of 1982, as
in effect before the date of enactment of this Act. The establishment of such
procedures shall not preclude the licensing, under any applicable procedures
or rules of the Commission in effect before such establishment, of any
technology for the storage of spent nuclear fuel at the site of any civilian
nuclear power reactor.
`(i) STORAGE ON-SITE BY THE GOVERNMENT- In order to provide relief
from the financial and other burdens imposed on owners and operators of
civilian nuclear power reactors by the Secretary's failure to accept spent
nuclear fuel in accordance with section 302(a)(5)(B) of the Nuclear Waste
Policy Act of 1982, the Secretary may take title to spent nuclear fuel
generated by civilian nuclear power reactors for storage on the site of such
reactors.
`SEC. 105. PERMANENT DISPOSAL.
`(a) SITE 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.
`(3) DATE- By December 31, 2002, the Secretary shall apply to the
Commission for authorization to construct a repository that will commence
operations by January 17, 2010. If, at any time before 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.
`(b) LICENSING- Within one year of the date of enactment of this Act,
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) with adequate protection of the health and safety of the
public; and
`(C) consistent with the common defense and
security.
`(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) with adequate protection of the health and safety of the
public; and
`(C) consistent with the common defense and
security.
`(3) CLOSURE- After emplacing spent nuclear fuel and high-level
radioactive waste in the repository and collecting sufficient confirmatory
data on repository performance to reasonably confirm the basis for
repository closure consistent with the Commission's regulations applicable
to the licensing of a repository, as modified in accordance with this Act,
the Secretary shall apply to the Commission to amend the license to permit
permanent closure of the repository. The Commission shall grant such license
amendment 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) with adequate protection of the health and safety of the
public; and
`(C) consistent with the common defense and
security.
`(4) POST-CLOSURE- The Secretary shall take those actions necessary
and appropriate at the Yucca Mountain site to prevent any activity at the
site subsequent to repository closure that poses an unreasonable risk
of--
`(A) breaching the repository's engineered or geologic barriers;
or
`(B) increasing the 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 only that
quantity of spent nuclear fuel or high-level radioactive waste that 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) 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 this Act 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)(A) and applied in accordance with the
provisions of paragraph (1)(B). The Commission shall amend its regulations in
accordance with subsection (b) to incorporate each of the following licensing
standards:
`(A) 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 unless
the Commission, in consultation with the Administrator of the
Environmental Protection Agency, determines by rule that such standard
will not provide for adequate protection of the health and safety of the
public and establishes by rule another standard which will provide for
adequate protection of the health and safety of the public. Such standard
shall constitute an overall system performance standard.
`(B) APPLICATION OF OVERALL SYSTEM PERFORMANCE STANDARD- The
Commission shall issue the license if it finds reasonable assurance
that--
`(i) for the first 1,000 years following the commencement of
repository operations, the overall system performance standard will be
met based on a deterministic or probabilistic evaluation of the overall
performance of the disposal system; and
`(ii) 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, there is likely to be
compliance with the overall system performance standard based on
regulatory insight gained through the use of a probabilistic integrated
performance model that uses best estimate assumptions, data, and
methods.
`(2) HUMAN INTRUSION- 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)(3), shall be sufficient to--
`(A) prevent any human activity at the site that poses an
unreasonable risk of breaching the repository's engineered or geologic
barriers; and
`(B) prevent any increase in the exposure of individual members of
the public to radiation beyond allowable limits as specified in paragraph
(1).
`(e) NATIONAL ENVIRONMENTAL POLICY ACT-
`(1) COMMISSION REGULATIONS- The promulgation of standards or
criteria by the Commission 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 require any environmental review under subparagraph
(E) or (F) of section 102(2) of such Act.
`(2) 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 application for
construction authorization.
`(3) 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, the time of the initial availability of the repository,
alternate sites for the Yucca Mountain site, or any alternatives to the
disposal of spent nuclear fuel and high-level radioactive waste in a
repository.
`(4) 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 (42 U.S.C. 2011 et seq.). In any such statement prepared with
respect to the repository, the Commission shall not consider the need for a
repository, the time of initial availability of the repository, alternate sites
for the Yucca Mountain site, or any alternatives to the disposal of spent
nuclear fuel and high-level radioactive waste in a repository.
`(f) JUDICIAL REVIEW- No court shall have jurisdiction to enjoin
issuance of the Commission repository licensing regulations before its final
decision on review of such regulations.
`SEC. 106. 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 over 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.
`(1) BOUNDARIES FOR INTERIM STORAGE FACILITY SITE- The Secretary
shall establish the boundaries and have maps drawn for the interim storage
facility site.
`(2) BOUNDARIES FOR THE YUCCA MOUNTAIN SITE- The boundaries depicted
on the map entitled `Yucca Mountain Site Withdrawal Map', dated July 28,
1995, and on file with the Secretary, are established as the boundaries of
the Yucca Mountain site.
`(3) NOTICE AND MAPS FOR THE INTERIM STORAGE FACILITY SITE- Within 6
months of the date of enactment of this Act, 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 legal description (including maps) 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 FOR THE YUCCA MOUNTAIN SITE- 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 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. 107. APPLICABILITY.
`Nothing in this Act shall affect the application of chapter 51 of
title 49, United States Code; part A of subtitle V of title 49, United States
Code; part B of subtitle VI of title 49, United States Code; and title 23,
United States Code.
`TITLE II--LOCAL RELATIONS
`SEC. 201. ON-SITE REPRESENTATIVE.
`The Secretary shall offer to Nye County, Nevada, an opportunity to
designate a representative to conduct on-site oversight activities at the
Yucca Mountain site. Reasonable expenses of such representatives shall be paid
by the Secretary.
`SEC. 202. BENEFITS AGREEMENTS.
`(1) SEPARATE AGREEMENTS- The Secretary shall offer to enter into
separate agreements with Nye County, Nevada, and Lincoln County, Nevada,
concerning the integrated management system.
`(2) AGREEMENT CONTENT- Any agreement shall contain such terms and
conditions, including such financial and institutional arrangements, as the
Secretary and agreement entity determine to be reasonable and appropriate
and shall contain such provisions as are necessary to preserve any right to
participation or compensation of Nye County, Nevada, and Lincoln County,
Nevada.
`(b) AMENDMENT- An agreement entered into under subsection (a) may be
amended only with the mutual consent of the parties to the amendment and
terminated only in accordance with subsection (c).
`(c) TERMINATION- The Secretary shall terminate an agreement under
subsection (a) if any element of the integrated management system may not be
completed.
`(d) LIMITATION- Only 1 agreement each for Nye County, Nevada, and
Lincoln County, Nevada, may be in effect at any one time.
`(e) JUDICIAL REVIEW- Decisions of the Secretary under this section
are not subject to judicial review.
`SEC. 203. CONTENT OF AGREEMENTS.
`(1) SCHEDULE- The Secretary, subject to appropriations, shall make
payments to the party of a benefits agreement under section 202(a) in
accordance with the following schedule:
`BENEFITS SCHEDULE
[Amounts in millions]
---------------------------------------------------------------------------------------------
Event Amount
---------------------------------------------------------------------------------------------
(A) Annual payments before first spent fuel receipt $2.5
(B) Payment upon first spent fuel receipt $5
(C) Annual payments after first spent fuel receipt until closure of facility $5
---------------------------------------------------------------------------------------------
`(2) DEFINITION- For purposes of this section, the term `first spent
fuel receipt' means the acceptance of spent nuclear fuel or high-level
radioactive waste for storage at the interim storage facility or disposal at
the repository but does not include acceptance for purposes of testing or
operational demonstration.
`(3) ANNUAL PAYMENTS- Annual payments before first spent fuel
receipt under line (A) of the benefits schedule shall be made on the date of
execution of the benefits agreement and thereafter on the anniversary date
of such execution. Annual payments after the first spent fuel receipt until
closure of the facility under line (C) of the benefits schedule shall be
made on the anniversary date of such first spent fuel receipt.
`(4) REDUCTION- If the first spent fuel payment under line (B) is
made within 6 months after the last annual payment before the first spent
fuel receipt under line (A) of the benefits schedule, such first spent fuel
payment under line (B) of the benefits schedule shall be reduced by an
amount equal to 1/12 of such annual payment under line (A) of the benefits
schedule for each full month less than 6 that has not elapsed since the last
annual payment under line (A) of the benefits schedule.
`(b) CONTENTS- A benefits agreement under section 202 shall provide
that--
`(1) the parties to the agreement shall share with one another
information relevant to the licensing process for the interim storage
facility or repository, as it becomes available; and
`(2) the affected unit of local government that is party to such
agreement may comment on the development of the integrated management system
and on documents required under law or regulations governing the effects of
the system on the public health and safety.
`(c) CONSTRUCTION- The signature of the Secretary on a valid benefits
agreement under section 202 shall constitute a commitment by the United States
to make payments in accordance with such agreement.
`SEC. 204. ACCEPTANCE OF BENEFITS.
`(a) CONSENT- The acceptance or use of any of the benefits provided
under this title by any affected unit of local government shall not be deemed
to be an expression of consent, express or implied, either under the
Constitution of the State of Nevada or any law thereof, to the siting of the
interim storage facility or repository in the State of Nevada.
`(b) ARGUMENTS- Neither the United States nor any other entity may
assert any argument based on legal or equitable estoppel, acquiescence,
waiver, or consensual involvement, in response to any decision by the State of
Nevada to oppose the siting in the State of Nevada of the interim storage
facility or repository premised upon or related to the acceptance or use of
benefits under this title.
`(c) LIABILITY- No liability of any nature may be asserted against the
State of Nevada, its Governor, any official thereof, or any official of any
governmental unit thereof, premised solely upon the acceptance or use of
benefits under this title.
`SEC. 205. RESTRICTION ON USE OF FUNDS.
`None of the funding provided under section 203 may be used--
`(1) directly or indirectly to influence legislative action on any
matter pending before Congress or a State legislature or for any lobbying
activity as provided in section 1913 of title 18, United States
Code;
`(2) for litigation purposes; or
`(3) to support multistate efforts or other coalition-building
activities inconsistent with the purposes of this Act.
`SEC. 206. INITIAL LAND CONVEYANCES.
`(a) CONVEYANCE OF PUBLIC LANDS- Within 120 days after October 1,
2000, the Secretary of the Interior, or other agency with jurisdiction over
the public lands described in subsection (b), shall convey the public lands
described in subsection (b) to the appropriate county or the City of Caliente,
Nevada, unless the county or city notifies the Secretary of the Interior or
the head of such other appropriate agency in writing within 60 days of such
date of enactment that it elects not to take title to all or any part of the
property, except that any lands conveyed to the County of Nye, County of
Lincoln, or the City of Caliente in Nevada under this subsection that are
subject to a Federal grazing permit or a similar federally granted privilege
shall be conveyed between 60 and 120 days of the earliest time the Federal
agency administering or granting the privilege would be able to legally
terminate such privilege under the statutes and regulations existing on
October 1, 2000, unless the Federal agency, county or city, and the affected
holder of the privilege negotiate an agreement that allows for an earlier
conveyance, but in no case to occur earlier than October 1, 2000.
`(b) SPECIAL CONVEYANCES- Subject to valid existing rights and
notwithstanding any other law, the Secretary of the Interior or the head of
the other appropriate agency shall convey:
`(1) To the County of Nye, Nevada, the following public lands
depicted on the maps dated October 11, 1995, and on file with the
Secretary:
`Map 1: Proposed Pahrump Industrial Park Site
`Map 2: Proposed Lathrop Wells (Gate 510) Industrial Park
Site
`Map 3: Pahrump Landfill Sites
`Map 4: Amargosa Valley Regional Landfill Site
`Map 5: Amargosa Valley Municipal Landfill Site
`Map 6: Beatty Landfill/Transfer Station Site
`Map 7: Round Mountain Landfill Site
`Map 8: Tonopah Landfill Site
`Map 9: Gabbs Landfill Site.
`(2) To the County of Lincoln, Nevada, the following public lands
depicted on the maps dated October 11, 1995, and on file with the
Secretary:
`Map 2: Lincoln County, Parcel M, Industrial Park Site, Jointly
with the City of Caliente
`Map 3: Lincoln County, Parcels F and G, Mixed Use, Industrial
Sites
`Map 4: Lincoln County, Parcels H and I, Mixed Use and Airport
Expansion Sites
`Map 5: Lincoln County, Parcels J and K, Mixed Use, Airport and
Landfill Expansion Sites
`Map 6: Lincoln County, Parcels E and L, Mixed Use, Airport and
Industrial Expansion Sites.
`(3) To the City of Caliente, Nevada, the following public lands
depicted on the maps dated October 11, 1995, and on file with the
Secretary:
`Map 1: City of Caliente, Parcels A, B, C and D, Community Growth,
Landfill Expansion and Community Recreation Sites
`Map 2: City of Caliente, Parcel M, Industrial Park Site, jointly
with Lincoln County.
`(c) NATIONAL ENVIRONMENTAL POLICY ACT OF 1969- The activities of the
Secretary and the head of any other Federal agency in connection with
subsections (a) and (b) shall be considered preliminary decision making
activities. 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 any environmental review under
subparagraph (E) or (F) of section 102(2) of such Act.
`SEC. 207. PAYMENTS IN LIEU OF TAXES.
`(a) TAXABLE AMOUNTS- In addition to financial assistance provided
under this title, the Secretary is authorized to grant to any affected Indian
tribe or affected unit of local government an amount each fiscal year equal to
the amount such affected Indian tribe or affected unit of local government,
respectively, would receive if authorized to tax integrated management system
activities, as such affected Indian tribe or affected unit of local government
taxes the non-Federal real property and industrial activities occurring within
such affected unit of local government.
`(b) TERMINATION- Such grants shall continue until the Secretary
permanently closes the repository.
`(c) ASSISTANCE TO INDIAN TRIBES AND UNITS OF LOCAL GOVERNMENT-
`(1) PERIOD- Any affected Indian tribe or affected unit of local
government may not receive any grant under subsection (a) after the
expiration of the 1-year period following the date on which the Secretary
notifies the affected Indian tribe or affected unit of local government of
the termination of the operation of the integrated management
system.
`(2) ACTIVITIES- Any affected Indian tribe or affected unit of local
government may not receive any further assistance under this section if the
integrated management system activities at such site are terminated by the
Secretary or if such activities are permanently enjoined by any
court.
`TITLE III--FUNDING AND ORGANIZATION
`SEC. 301. NUCLEAR WASTE FUND.
`(1) IN GENERAL- 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 high-level radioactive waste or spent
nuclear fuel for the acceptance of title, on-site storage, subsequent
transportation, interim storage, 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 for the
integrated management system.
`(2) FEE FOR ELECTRICITY GENERATED- For electricity generated by a
civilian nuclear power reactor and sold after the date of enactment of this
Act, the fee under paragraph (1) shall be equal to 1.0 mill per
kilowatt-hour.
`(3) ONE-TIME FEE- The one-time fee collected under contracts
executed under section 302(a) of the Nuclear Policy Waste Act of 1982 after
the date of enactment of this Act on spent nuclear fuel or high-level
radioactive waste derived from spent nuclear fuel, which fuel was used to
generate electricity in a civilian nuclear power reactor before April 7,
1983, shall be paid to the Nuclear Waste Fund. In paying such a fee to the
Secretary, the person delivering such spent nuclear fuel or high-level
radioactive waste derived from spent nuclear fuel shall have no further
financial obligation to the Federal Government for the long-term storage and
permanent disposal of such spent nuclear fuel or high-level radioactive
waste.
`(4) PAYMENT PROCEDURES- The Secretary shall annually review the
amount of the fees established by paragraph (2) to evaluate whether
collection of the fee will provide sufficient revenues to offset
expenditures for the integrated management system. In the event the
Secretary determines that either insufficient or excess revenues are being
collected, in order to recover the costs incurred for the integrated
management system, the Secretary shall propose an adjustment to the fee to
ensure 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 a joint resolution disapproving the Secretary's proposed
adjustment is enacted into law.
`(A) CONTRACTS UNDER SECTION 302- Subsequent to the date of
enactment of this Act, the contracts executed under section 302(a) of the
Nuclear Waste Policy Act of 1982 shall continue in effect under this Act
in accordance with their terms, except to the extent that such contracts
have been modified by the parties to such contracts.
`(B) CONTRACTS UNDER THIS ACT- Contracts entered into under
paragraph (1) of this subsection shall provide that--
`(i) following commencement of operation of a repository, the
Secretary shall take title to the spent nuclear fuel or high-level
radioactive waste involved as expeditiously as practicable upon the
request of the generator or owner of such spent fuel or waste;
and
`(ii) in return for the payment of fees established by this
section, the Secretary
shall as expeditiously as practicable dispose of the high-level
radioactive waste or spent nuclear fuel involved.
`(6) RIGHTS OF CONTRACT HOLDERS- With respect to any contract
entered into under section 302(a) of the Nuclear Waste Policy Act of 1982
and continued in effect under paragraph (5)(A), either party may propose to
amend the contract as necessary to provide for storage of spent nuclear fuel
or high-level nuclear waste in the interim storage facility established
under section 104 of this Act or to have the Secretary take title under
subsection (i) of such section to spent nuclear fuel or high-level nuclear
waste for the purpose of on-site storage. The party proposing such an
amendment shall notify the other party to the contract of its intent to
enter into such an amendment. Contract amendments may be entered into at any
time after the date of the enactment of this Act.
`(7) SECRETARY'S OBLIGATION WITH RESPECT TO PROPOSED CONTRACT
AMENDMENTS- The Secretary shall--
`(A) provide notice to the public of any offer to amend a contract
under paragraph (6); and
`(B) provide an initial response to any such offer made by another
party within 30 days of the date notice is given under paragraph
(6).
`(8) EFFECT ON AUTHORITY TO BRING OR MAINTAIN AN ACTION- Upon the
effective date of any contract amendment entered into under paragraph (6),
the parties to such an amendment shall be deemed to have waived any
authority to bring or maintain an action against the Secretary (other than
an action for costs incurred before such effective date) for failure to
accept its spent nuclear fuel in accordance with section 302(a)(5)(B) of the
Nuclear Waste Policy Act of 1982.
`(9) LIABILITY- Nothing in this Act shall be construed to subject
the United States to financial liability for any failure of the Secretary to
meet any deadline established in this Act.
`(b) ADVANCE CONTRACTING REQUIREMENT-
`(1) LICENSE ISSUANCE AND RENEWAL-
`(A) IN GENERAL- 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) 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 high-level
radioactive waste and spent nuclear fuel that may result from the use of
such license.
`(2) CONTRACT REQUIREMENT- 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 stored or disposed of by
the Secretary in any facility 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 the date on which
such generator or owner commences generation of, or takes title to, such
spent fuel or waste.
`(3) ASSIGNABLE RIGHTS AND DUTIES- 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) GOVERNMENT FUEL AND WASTE- 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
stored or disposed of by the Secretary in any facility 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) NUCLEAR WASTE FUND- 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. The Nuclear 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 Nuclear Waste Fund immediately upon their realization;
`(2) any appropriations made by the Congress to the Nuclear Waste
Fund; and
`(3) any unexpended balances available on the date of enactment of
this Act for the disposal of spent nuclear fuel or high-level radioactive
waste, which shall automatically be transferred to the Nuclear Waste Fund on
such date.
`(d) USE OF NUCLEAR WASTE FUND- The Secretary may make expenditures
from the Nuclear Waste Fund, subject to subsection (e), only for purposes of
the integrated management system.
`(e) ADMINISTRATION OF NUCLEAR WASTE FUND-
`(1) SECRETARY OF THE TREASURY- 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.
`(2) BUDGET- The Secretary shall submit the budget of the Nuclear
Waste Fund 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 of the Nuclear Waste
Fund shall consist of the estimates made by the Secretary of expenditures
from the Nuclear Waste Fund and other relevant financial matters for the
succeeding 3 fiscal years. The Secretary may make expenditures from the
Nuclear Waste Fund, subject to appropriations which shall remain available
until expended.
`(3) INVESTMENT OF EXCESS- 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--
`(A) having maturities determined by the Secretary of the Treasury
to be appropriate to the needs of the Nuclear 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) 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.
`(5) OBLIGATIONS- If at any time the moneys available in the Nuclear
Waste Fund are insufficient to enable the Secretary to discharge the
Secretary's responsibilities under this Act, 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 Nuclear 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 chapter 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) REPAYMENT- Any appropriations made available to the Nuclear
Waste Fund under paragraph (5) 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 Nuclear Waste Fund,
less the average undisbursed cash balance in the Nuclear 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.
`(f) BUDGET STATUS OF NUCLEAR WASTE FUND- Notwithstanding any other
provision of law, the receipts and disbursements of the Nuclear Waste Fund
shall not be counted as new budget authority, outlays, receipts, or deficit or
surplus for purposes of--
`(1) the budget of the United States Government as submitted by the
President;
`(2) the congressional budget; or
`(3) the Balanced Budget and Emergency Deficit Control Act of
1985.
`SEC. 302. OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT.
`(a) CONTINUATION OF 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 before the date
of enactment of this Act, shall continue in effect subsequent to the date of
enactment of this Act.
`(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.
`(1) STANDARD- The Office of Civilian Radioactive Waste Management,
its contractors, and subcontractors at all tiers, shall conduct, or have
conducted, audits and examinations of their operations in accordance with
the usual and customary practices of private corporations engaged in large
nuclear construction projects consistent with its role in the
program.
`(2) TIME- The management practices and performances of the Office
of Civilian Radioactive Waste Management shall be audited every 5 years by
an
independent management consulting firm with significant experience in
similar audits of private corporations engaged in large nuclear construction
projects. The first such audit shall be conducted 5 years after the date of
enactment of this Act.
`(3) 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.
`(4) TIME- No audit contemplated by this subsection shall take
longer than 30 days to conduct. An audit report shall be issued in final
form no longer than 60 days after the audit is commenced.
`(5) PUBLIC DOCUMENTS- All audit reports shall be public documents
and available to any individual upon request.
`SEC. 303. DEFENSE CONTRIBUTION.
`(a) ALLOCATION- No later than one year from the date of enactment of
this Act, 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 the interim
storage facility and repository; and
`(2) 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 materials described in subsection (a).
`(c) REPORT- The Secretary shall advise the Congress annually of the
amount of spent nuclear fuel and high-level radioactive waste from atomic
energy defense activities and spent nuclear fuel from foreign research
reactors requiring management in the integrated management system.
`(d) AUTHORIZATION- There is authorized to be appropriated to the
Secretary, from general revenues, for carrying out the purposes of this Act,
such sums as may be necessary to pay the costs of the management of spent
nuclear fuel and high-level radioactive waste from atomic energy defense
activities as established under subsection (a).
`TITLE IV--GENERAL AND MISCELLANEOUS PROVISIONS
`SEC. 401. COMPLIANCE WITH OTHER LAWS.
`If the requirements of any law are inconsistent with or duplicative
of the requirements of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.)
and this Act, the Secretary shall comply only with the requirements of the
Atomic Energy Act of 1954 and this Act in implementing the integrated
management system. Any requirement of a State or political subdivision of a
State is preempted if--
`(1) complying with such requirement and a requirement of this Act
is impossible; or
`(2) such requirement, as applied or enforced, is an obstacle to
accomplishing or carrying out this Act or a regulation under this
Act.
`SEC. 402. WATER RIGHTS.
`(a) NO FEDERAL RESERVATION- Nothing in this Act or any other Act of
Congress shall constitute or be construed to constitute either an express or
implied Federal reservation of water or water rights for any purpose arising
under this Act.
`(b) ACQUISITION AND EXERCISE OF WATER RIGHTS UNDER NEVADA LAW- The
United States may acquire and exercise such water rights as it deems necessary
to carry out its responsibilities under this Act pursuant to the substantive
and procedural requirements of the State of Nevada. Nothing in this Act shall
be construed to authorize the use of eminent domain by the United States to
acquire water rights.
`(c) EXERCISE OF WATER RIGHTS GENERALLY UNDER NEVADA LAWS- Nothing in
this Act shall be construed to limit the exercise of water rights as provided
under Nevada State laws.
`SEC. 403. JUDICIAL REVIEW OF AGENCY ACTIONS.
`(a) JURISDICTION OF 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 made 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.
`(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 the party 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 of such
decision, action, or failure to act, 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 other Act relating
to the same matter.
`SEC. 404. LICENSING OF FACILITY EXPANSIONS AND
TRANSSHIPMENTS.
`(a) ORAL ARGUMENT- In any Commission hearing under section 189 of the
Atomic Energy Act of 1954 (42 U.S.C. 2239) on an application for a license, or
for an amendment to an existing license, filed after January 7, 1983, to
expand the spent nuclear fuel storage capacity at the site of a civilian
nuclear power reactor, through the use of high-density fuel storage racks,
fuel rod compaction, the transshipment of spent nuclear fuel to another
civilian nuclear power reactor within the same utility system, the
construction of additional spent nuclear fuel pool capacity or dry storage
capacity, or by other means, the Commission shall, at the request of any
party, provide an opportunity for oral argument with respect to any matter
which the Commission determines to be in controversy among the parties. The
oral argument shall be preceded by such discovery procedures as the rules of
the Commission shall provide. The Commission shall require each party,
including the Commission staff, to submit in written form, at the time of the
oral argument, a summary of the facts, data, and arguments upon which such
party proposes to rely that are known at such time to such party. Only facts
and data in the form of sworn testimony or written submission may be relied
upon by the parties during oral argument. Of the materials that may be
submitted by the parties during oral argument, the Commission shall only
consider those facts and data that are submitted in the form of sworn
testimony or written submission.
`(b) ADJUDICATORY HEARING-
`(1) DESIGNATION- At the conclusion of any oral argument under
subsection (a), the Commission shall designate any disputed question of
fact, together with any remaining questions of law, for resolution in an
adjudicatory hearing only if it determines that--
`(A) there is a genuine and substantial dispute of fact which can
only be resolved with sufficient accuracy by the introduction of evidence
in an adjudicatory hearing; and
`(B) the decision of the Commission is likely to depend in whole
or in part on the resolution of such dispute.
`(2) DETERMINATION- In making a determination under this subsection,
the Commission--
`(A) shall designate in writing the specific facts that are in
genuine and substantial dispute, the reason why the decision of the agency
is likely to depend on the resolution of such facts, and the reason why an
adjudicatory hearing is likely to resolve the dispute; and
`(B) shall not consider--
`(i) any issue relating to the design, construction, or
operation of any civilian nuclear power reactor already licensed to
operate at such site, or any civilian nuclear power reactor to which a
construction permit has been granted at such site, unless the Commission
determines that any such issue substantially affects the design,
construction, or operation of the facility or activity for which such
license application, authorization, or amendment is being considered;
or
`(ii) any siting or design issue fully considered and decided by
the Commission in connection with the issuance of a construction permit
or operating license for a civilian nuclear power reactor at such site,
unless--
`(I) such issue results from any revision of siting or design
criteria by the Commission following such decision;
and
`(II) the Commission determines that such issue substantially
affects the design, construction, or operation of the facility or
activity for which such license application, authorization, or
amendment is being considered.
`(3) APPLICATION- The provisions of paragraph (2)(B) shall apply
only with respect to licenses, authorizations, or amendments to licenses or
authorizations, applied for under the Atomic Energy Act of 1954 (42 U.S.C.
2011 et seq.) before January 1, 2015.
`(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 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 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. 405. 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. 406. 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, before issuance
of licenses for low-level radioactive waste disposal or, in the case of
licenses in effect on January 7, 1983, before 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.
`(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. 407. NUCLEAR REGULATORY COMMISSION TRAINING
AUTHORIZATION.
`The Commission shall promulgate regulations, or other appropriate
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
Commission administration of requalification examinations; requirements for
operating tests at civilian nuclear powerplant simulators, and instructional
requirements for civilian nuclear powerplant licensee personnel training
programs.
`SEC. 408. SUBSEABED OR OCEAN WATER DISPOSAL.
`Notwithstanding any other provision of law--
`(1) the subseabed or ocean water disposal of spent nuclear fuel or
high-level radioactive waste is prohibited; and
`(2) no funds shall be obligated for any activity relating to the
subseabed or ocean water disposal of spent nuclear fuel or high-level
radioactive waste.
`SEC. 409. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.
`(a) IN GENERAL- It is the sense of the Congress that, to the greatest
extent practicable, all equipment and products purchased with funds made
available under this Act should be American-made.
`(b) NOTICE REQUIREMENT- In providing financial assistance to, or
entering into any contract with, any entity using funds made available under
this Act, the head of each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the statement made in
subsection (a) by the Congress.
`(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABELING PRODUCTS
AS MADE IN AMERICA- If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing a `Made in
America' inscription, or any inscription with the same meaning, to any product
sold in or shipped to the United States that is not made in the United States,
the person shall be ineligible to receive any contract or subcontract made
with funds made available under this Act, pursuant to the debarment,
suspension, and ineligibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
`SEC. 410. SEPARABILITY.
`If any provision of this Act, or the application of such provision to
any person or circumstance, is held to be invalid, the remainder of this Act,
or the application of such provision to persons or circumstances other than
those as to which it is held to be invalid, shall not be affected
thereby.
`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 502.
`SEC. 502. NUCLEAR WASTE TECHNICAL REVIEW BOARD.
`(a) CONTINUATION OF 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 before the date of enactment of this
Act, shall continue in effect subsequent to the date of enactment of this
Act.
`(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).
`(i) Each person nominated for appointment to the Board shall
be--
`(I) eminent in a field of science or engineering, including
environmental sciences; and
`(II) selected solely on the basis of established records of
distinguished service.
`(ii) The membership of the Board shall be representatives of
the broad range of scientific and engineering disciplines related to
activities under this title.
`(iii) No person shall be nominated for appointment to the Board
who is an employee of--
`(I) the Department of Energy;
`(II) a national laboratory under contract with the Department
of Energy; or
`(III) an entity performing spent nuclear fuel or high-level
radioactive waste activities under contract with the Department of
Energy.
`(4) VACANCIES- Any vacancy on the Board shall be filled by the
nomination and appointment process described in paragraphs (1) and
(3).
`(5) TERMS- Members of the Board shall be appointed for terms of 4
years, each such term to commence 120 days after December 22, 1987, except
that of the 11 members first appointed to the Board, 5 shall serve for 2
years and 6 shall serve for 4 years, to be designated by the President at
the time of appointment, except that a member of the Board whose term has
expired may continue to serve as a member of the Board until such member's
successor has taken office.
`SEC. 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, subject to
appropriations, be paid at the rate of pay payable for level III of the
Executive Schedule for each day (including travel time) such member is engaged
in the work of the Board.
`(b) TRAVEL EXPENSES- Each member of the Board may receive travel
expenses, including per diem in lieu of subsistence, in the same manner as is
permitted under sections 5702 and 5703 of title 5, United States Code.
`SEC. 506. STAFF.
`(1) AUTHORITY OF CHAIRMAN- Subject to paragraph (2), the Chairman
may, subject to appropriations, 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.
`(1) AUTHORITY OF CHAIRMAN- Subject to paragraphs (2) and (3), the
Chairman may, subject to appropriations, 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, subject to appropriations, 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.'.
SEC. 2. EFFECT ON PAYGO SCORECARD.
Upon the enactment of this Act, the Director of the Office of
Management and Budget shall not make any estimates of changes in direct
spending outlays and receipts under section 252(d) of the Balanced Budget and
Emergency Deficit Control Act of 1985 resulting from the enactment of section
301 of Nuclear Waste Policy Act of 1999.
END