S 608 IS

106th CONGRESS

1st Session

S. 608

To amend the Nuclear Waste Policy Act of 1982.

IN THE SENATE OF THE UNITED STATES

March 15, 1999

Mr. MURKOWSKI (for himself, Mr. CRAIG, Mr. GRAMS, and Mr. CRAPO) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

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 TO 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'.

`(b) TABLE OF CONTENTS-

`Sec. 1. Short title and table of contents.

`Sec. 2. Definitions.

`Sec. 3. Findings and Purposes.

`TITLE I--OBLIGATIONS

`Sec. 101. Obligations of the Secretary of Energy.

`TITLE II--INTEGRATED MANAGEMENT SYSTEM

`Sec. 201. Intermodal transfer.

`Sec. 202. Transportation planning.

`Sec. 203. Transportation requirements.

`Sec. 204. Interim Storage.

`Sec. 205. Permanent Repository.

`Sec. 206. Compliance with the National Environmental Policy Act.

`Sec. 207. Land withdrawal.

`Sec. 208. Applicability.

`TITLE III--LOCAL RELATIONS

`Sec. 303. Financial assistance.

`Sec. 302. Onsite representative.

`Sec. 303. Benefits agreements.

`Sec. 304. Contents of agreements.

`Sec. 305. Acceptance of benefits.

`Sec. 306. Restriction on use of funds.

`Sec. 307. Initial land conveyances.

`Sec. 308. Payments equal to taxes.

`TITLE IV--FUNDING AND ORGANIZATION

`Sec. 401. Program funding.

`Sec. 402. Office of Civilian Radioactive Waste Management.

`Sec. 403. Federal contribution.

`TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS

`Sec. 501. Compliance with other laws.

`Sec. 502. Water rights.

`Sec. 503. Judicial review of agency actions.

`Sec. 504. Licensing of facility expansions and transshipments.

`Sec. 505. Siting a second repository.

`Sec. 506. Financial arrangements for low-level radioactive waste site closure.

`Sec. 507. Nuclear Regulatory Commission training authorization.

`Sec. 508. Acceptance schedule.

`Sec. 509. Subseabed or ocean water disposal.

`Sec. 510. Transfer of Title.

`Sec. 511. Separability.

`Sec. 512. Purchase of American-made equipment and products.

`TITLE VI--NUCLEAR WASTE TECHNICAL REVIEW BOARD

`Sec. 601. Definitions.

`Sec. 602. Nuclear Waste Technical Review Board.

`Sec. 603. Functions.

`Sec. 604. Investigatory powers.

`Sec. 605. Compensation of members.

`Sec. 606. Staff.

`Sec. 607. Support services.

`Sec. 608. Report.

`Sec. 609. Authorization of appropriations.

`Sec. 610. Termination of the board.

`TITLE VII--MANAGEMENT REFORM

`Sec. 701. Management reform initiatives.

`Sec. 702. Reporting.

`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) ACCEPTANCE SCHEDULE- The term `acceptance schedule' means the schedule established in section 508 for acceptance of spent nuclear fuel and high-level radioactive waste.

`(3) 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.

`(4) 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.

`(5) 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.

`(6) CIVILIAN NUCLEAR POWER REACTOR- The term `civilian nuclear power reactor' means a civilian nuclear power plant required to be licensed under section 103 or 104b. of the Atomic Energy Act of 1954 (42 U.S.C. 2133, 2134(b)).

`(7) COMMISSION- The term `Commission' means the Nuclear Regulatory Commission.

`(8) CONTRACTS- The term `contracts' means the contracts, executed prior to the date of enactment of the Nuclear Waste Policy Act of 1999, under section 302(a) of the Nuclear Waste Policy Act of 1982, by the Secretary and any person who generates or holds title to spent nuclear fuel or high-level radioactive waste of domestic origin for acceptance of such waste or fuel by the Secretary and the payment of fees to offset the Secretary's expenditures, and any subsequent contracts executed by the Secretary pursuant to section 401(a) of this Act.

`(9) CONTRACT HOLDERS- The term `contract holders' means parties (other than the Secretary) to contracts.

`(10) DEPARTMENT- The term `Department' means the Department of Energy.

`(11) 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.

`(12) 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.

`(13) ENGINEERED BARRIERS- The terms `engineered barriers' and `engineered systems and components,' mean man made components of a disposal system. These terms include the spent nuclear fuel or high-level radioactive waste form, spent nuclear fuel package or high-level radioactive waste package, and other materials placed over and around such packages.

`(14) HIGH-LEVEL RADIOACTIVE WASTE- The term `high-level radioactive waste' means--

`(A) the highly radioactive material resulting from the reprocessing 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, which includes any low-level radioactive waste with concentrations of radionuclides that exceed the limits established by the Commission for class C radioactive water, as defined by section 61.55 of title 10, Code of Federal Regulations, as in effect on January 26, 1983.

`(15) FEDERAL AGENCY- The term `Federal agency' means any Executive agency, as defined in section 105 of title 5, United States Code.

`(16) INDIAN TRIBE- The term `Indian tribe' means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the Secretary of the interior because of their status as Indians including any Alaska Native village, as defined in section 3(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(c)).

`(17) INTEGRATED MANAGEMENT SYSTEM- The term `integrated management system' means the system developed by the Secretary for the acceptance, transportation, storage, and disposal of spent nuclear fuel and high-level radioactive waste.

`(18) INTERIM STORAGE FACILITY- The term `interim storage facility' means a facility designed and constructed for the receipt, handling, possession, safeguarding, and storage of spent nuclear fuel and high-level radioactive waste in accordance with title II of this Act.

`(19) INTERIM STORAGE FACILITY SITE- The term `interim storage facility site' means the specific site within Area 25 of the Nevada Test Site that is designated by the Secretary and withdrawn and reserved in accordance with this Act for the location of the interim storage facility.

`(20) LOW-LEVEL RADIOACTIVE WASTE- The term `low-level radioactive waste' means radioactive material that--

`(A) is not spent nuclear fuel, high-level radioactive waste, transuranic waste, or byproduct material as defined in section 11 e.(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2)); and

`(B) the Commission, consistent with existing law, classifies as low-level radioactive waste.

`(21) METRIC TONS URANIUM 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. The value of `metric tons uranium' or `MTU' for high-level waste forms is defined to be one-sixth of one MTU per high-level waste canister.

`(22) NUCLEAR WASTE FUND- The term `Nuclear Waste Fund' means the nuclear waste fund established in the United States Treasury prior to the date of enactment of this Act under section 302(c) of the Nuclear Waste Policy Act of 1982.

`(23) OFFICE- The term `Office' means the Office of Civilian Radioactive Waste Management established within the Department prior to the date of enactment of this Act under the provisions of the Nuclear Waste Policy Act of 1982.

`(24) 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.

`(25) PROGRAM APPROACH- The term `program approach' means the Civilian Radioactive Waste Management Program Plan, dated May 6, 1996, as modified by this Act, and as amended from time to time by the Secretary in accordance with this Act.

`(26) REPOSITORY- The term `repository' means a system designed and constructed under title II 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.

`(27) SECRETARY- The term `Secretary' means the Secretary of Energy.

`(28) SITE CHARACTERIZATION- The term `site characterization' means activities, whether in a laboratory or in the field, undertaken to establish a geologic condition and the ranges of the parameters of a candidate site relevant to the location of a repository, including borings, surface excavations, excavations of exploratory facilities, limited subsurface lateral excavations and borings, and in situ testing needed to evaluate the licensability of candidate site for the location of repository, but not including preliminary borings and geophysical testing needed to assess whether site characterization should be undertaken.

`(29) SPENT NUCLEAR FUEL- The term `spent nuclear fuel' means fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing.

`(30) 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.

`(31) 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.).

`(32) 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.

`(33) ADMINISTRATOR- The term `Administrator' means the Administrator of the Environmental Protection Agency.

`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 the centralized 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, enhancing the Nation's environmental protection, promoting the Nation's energy security, and ensuring the Secretary's ability to commence acceptance of spent nuclear fuel and high-level

radioactive waste no later than 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

`(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 no later than June 30, 2003, and for permanent disposal at a repository commencing no later than January 17, 2010;

`(2) 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 and the environment;

`(3) to take those actions necessary to ensure that the consumers of nuclear energy, who are funding the Secretary's activities under this Act, receive the services to which they are entitled and realize the benefits of enhanced protection of public health and safety, and of the environment, that will ensue from the Secretary's compliance with the obligations imposed by this Act; and

`(4) to provide a schedule and process for the expeditious and safe development and commencement of operation of an integrated management system to ensure that the Secretary can commence acceptance of spent nuclear fuel and high-level radioactive waste no later than June 30, 2003.

`TITLE I--OBLIGATIONS

`SEC. 101. OBLIGATIONS OF THE SECRETARY OF ENERGY.

`(a) DISPOSAL- The Secretary shall develop and operate a repository for the permanent geologic disposal of spent nuclear fuel and high-level radioactive waste.

`(b) ACCEPTANCE- The Secretary shall accept spent nuclear fuel and high-level radioactive waste for storage at the interim storage facility pursuant to section 204 in accordance with the acceptance schedule, beginning not later than June 30, 2003.

`(c) TRANSPORTATION- The Secretary shall provide for the transportation of spent nuclear fuel and high-level radioactive waste accepted by the Secretary.

`(d) INTEGRATED MANAGEMENT SYSTEM- The Secretary shall expeditiously pursue the development of each component of the integrated management system, and in so doing shall seek to utilize effective private sector management and contracting practices.

`(e) PRIVATE SECTOR PARTICIPATION- In administering the Integrated Management System, the Secretary shall, to the maximum extent possible, utilize, employ, procure and contract with, the private sector to fulfill the Secretary's obligations and requirements under this Act.

`(f) PRE-EXISTING RIGHTS- Nothing in the Nuclear Waste Policy Act of 1999 is intended to or shall be construed to modify--

`(1) any right of a contract holder under section 302(a) of the Nuclear Waste Policy Act of 1982, or under a contract executed prior to the date of enactment of this Act under that section; or

`(2) obligations imposed upon the Federal Government by the United States District Court of Idaho in an order entered on October 17, 1995 in United States v. Batt (No. 91-0054-S-EJL).

`(g) LIABILITY- Subject to subsection (f), nothing in the Nuclear Waste Policy Act of 1999 shall be construed to subject the United States to financial liability for the Secretary's failure to meet any deadline for the acceptance or emplacement of spent nuclear fuel or high-level radioactive waste for storage or disposal under the Nuclear Waste Policy Act of 1999.

`TITLE II--INTEGRATED MANAGEMENT SYSTEM

`SEC. 201. INTERMODAL TRANSFER.

`(a) TRANSPORTATION- The Secretary shall utilize truck transport to move spent nuclear fuel and high-level radioactive waste from the mainline rail line at Caliente, Nevada, to the interim storage facility site. If direct rail access becomes available to the interim storage facility site, the Secretary may use rail transportation to meet the requirements of this title.

`(b) CAPABILITY DATE- The Secretary shall develop the capability to commence rail to truck intermodal transfer at Caliente, Nevada, no later than June 30, 2003.

`(c) ACQUISITIONS- The Secretary shall acquire land and rights-of-way necessary to commence intermodal transfer at Caliente, Nevada.

`(d) REPLACEMENTS- The Secretary shall acquire and develop on behalf of, and dedicate to, the City of Caliente, Nevada, parcels of land and 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 no later than June 30, 2003.

`(e) NOTICE AND MAP- Within 6 months of the date of enactment of this Act, the Secretary shall--

`(1) publish in the Federal Register a notice containing a legal description of the sites and rights-of-way to be acquired under this section; and

`(2) file copies of a map of such sites and rights-of-way with the Congress, the Secretary of the Interior, the State of Nevada, the Archivist of the United States, the Board of Lincoln County Commissioners, the Board of Nye County Commissioners, and the Caliente City Council.

Such map and legal description shall have the same force and effect as if they were included in this Act. The Secretary may correct clerical and typographical errors in legal descriptions and make minor adjustments in the boundaries.

`(f) IMPROVEMENTS- The Secretary shall make improvements to existing roadways selected for truck transport between Caliente, Nevada, and the interim storage facility site as necessary to facilitate year-round safe transport of spent nuclear fuel and high-level radioactive waste.

`(g) 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.

`(3) IMPROVEMENTS AND MAINTENANCE- Notwithstanding any other law--

`(A) the Secretary shall be responsible for any incremental 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

`(B) any such improvement, upgrading, or maintenance activity shall be funded solely by appropriations made pursuant to sections 401 and 403 of this Act.

`(h) LOCAL GOVERNMENT INVOLVEMENT- The Commission shall enter into a Memorandum of Understanding with the City of Caliente and Lincoln County, Nevada, to provide advice to the Commission regarding intermodal transfer and to facilitate on-site representation. Reasonable expenses of such representation shall be paid by the Secretary.

`SEC. 202. TRANSPORTATION PLANNING.

`(a) TRANSPORTATION READINESS- The Secretary--

`(1) shall take such actions as are necessary and appropriate to ensure that the Secretary is able to transport safely spent nuclear fuel and high-level radioactive waste from Department of Energy sites and the sites designated by the contract holders to mainline transportation facilities and from the mainline transportation facilities to the interim storage facility or repository, using routes that minimize, to the maximum practicable extent and consistent with Federal requirements governing transportation of hazardous materials, transportation of spent nuclear fuel and high-level radioactive waste through populated areas; and

`(2) as soon as is practicable following the enactment of this Act, the Secretary shall, in consultation with the Secretary of Transportation and affected States and tribes, and after an opportunity for public comment, develop and implement a comprehensive management plan that ensures safe transportation of spent nuclear fuel and high-level radioactive waste from Department of Energy sites and the sites designated by the contract holders to the interim storage facility site.

`(b) Transportation Planning-

`(1) IN GENERAL- In conjunction with the development of the comprehensive management plan in accordance with subsection (a), the Secretary shall update and modify, as necessary, the Secretary's transportation institutional plans to ensure that institutional issues are addressed and resolved on a schedule to support the commencement of transportation of spent nuclear fuel and high-level radioactive waste to the interim storage facility no later than 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 203, public education regarding transportation of spent nuclear fuel and high-level radioactive waste, and transportation tracking programs.

`(c) Shipping Campaign Transportation Plans-

`(1) IN GENERAL- The Secretary shall develop a transportation plan for the implementation of each shipping campaign (as that term is defined by the Secretary) from each site at which spent nuclear fuel or high-level nuclear waste is stored, consistent with the principles and procedures stated in Department of Energy Order No. 460.2 and the Program Manager's Guide.

`(2) REQUIREMENTS- A shipping campaign transportation plan shall--

`(A) be fully integrated with State and tribal government notification, inspection, and emergency response plans along the preferred shipping route or State-designated alternative route identified under subsection (d) (unless the Secretary certifies in the plan that the State or tribal government has failed to cooperate in fully integrating the shipping campaign transportation plan with the applicable State or tribal government plans); and

`(B) be consistent with the principles and procedures developed for the safest transportation of transuranic waste to the Waste Isolation Pilot Plant (unless the Secretary certifies in the plan that a specific principle or procedure is inconsistent with a provision of this Act).

`(d) SAFE SHIPPING ROUTES AND MODES-

`(1) IN GENERAL- The Secretary shall evaluate the relative safety of the proposed shipping routes and shipping modes from each shipping origin to the interim storage facility or repository compared with the safety of alternative modes and routes.

`(2) CONSIDERATIONS- The evaluation under paragraph (1) shall be conducted in a manner consistent with regulations promulgated by the Secretary of Transportation under authority of chapter 51 of title 49, United States Code, and the Nuclear Regulatory Commission under authority of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), as applicable.

`(3) DESIGNATION OF PREFERRED SHIPPING ROUTE AND MODE- Following the evaluation under paragraph (1), the Secretary shall designate preferred shipping routes and modes from each civilian nuclear power reactor and Department of Energy facility that stores spent nuclear fuel or other high-level defense waste.

`(4) SELECTION OF PRIMARY SHIPPING ROUTE- If the Secretary designates more than 1 preferred route under paragraph (3), the Secretary shall select a primary route after considering, at a minimum, historical accident rates, population, significant hazards, shipping time, shipping distance, and mitigating measures such as limits on the speed of shipments.

`(5) USE OF PRIMARY SHIPPING ROUTE AND MODE- Except in cases of emergency, for all shipments conducted under this Act, the Secretary shall cause the primary shipping route and mode or State-designated alternative route under chapter 51 of title 49, United States Code, to be used. If a route is designated as a primary route for any reactor or Department of Energy facility, the Secretary may use that route to transport spent nuclear fuel or high-level radioactive waste from any other reactor or Department of Energy facility.

`(6) TRAINING AND TECHNICAL ASSISTANCE- Following selection of the primary shipping routes, or State-designated alternative routes, the Secretary shall focus training and technical assistance under section 203(c) on those routes.

`(7) PREFERRED RAIL ROUTES-

`(A) REGULATION- Not later than 1 year after the date of enactment of the Nuclear Waste Policy Act of 1999, the Secretary of Transportation, pursuant to authority under other provisions of law, shall promulgate a regulation establishing procedures for the selection of preferred routes for the transportation of spent nuclear fuel and nuclear waste by rail.

`(B) INTERIM PROVISION- During the period beginning on the date of enactment of the Nuclear Waste Policy Act of 1999 and ending on the date of issuance of a final regulation under subparagraph (A), rail transportation of spent nuclear fuel and high-level radioactive waste shall be conducted in accordance with regulatory requirements in effect on that date and with this section.

`SEC. 203. TRANSPORTATION REQUIREMENTS.

`(a) PACKAGE CERTIFICATION- No spent nuclear fuel or high-level radioactive waste may be transported by or for the Secretary under this Act except in packages that have been certified for such purposes by the Commission.

`(b) STATE NOTIFICATION- The Secretary shall abide by regulations of the Commission regarding advance notification of State and tribal governments prior to transportation of spent nuclear fuel or high-level radioactive waste under this Act.

`(c) TECHNICAL ASSISTANCE-

`(1) IN GENERAL-

`(A) STATES AND INDAIN TRIBES- As provided in paragraph (3), the Secretary shall provide technical assistance and funds to States and Indian tribes

for training of public safety officials of appropriate units of State, local, and tribal government. A State shall allocate to local governments within the State a portion of any funds that the Secretary provides to the State for technical assistance and funding.

`(B) EMPLOYEE ORGANIZATIONS- The Secretary shall provide technical assistance and funds for training directly to nonprofit employee organizations, and joint labor-management organizations that demonstrate experience in implementing and operating worker health and safety training and education programs and demonstrate the ability to reach and involve in training programs target populations of workers who are or will be directly engaged in the transportation of spent nuclear fuel and high-level radioactive waste or emergency response or post-emergency response with respect to such transportation.

`(C) TRAINING- Training under this section--

`(i) shall cover procedures required for safe routine transportation of materials and procedures for dealing with emergency response situations;

`(ii) shall be consistent with any training standards established by the Secretary of Transportation under subsection (h); and

`(iii) shall include--

`(I) a training program applicable to persons responsible for responding to emergency situations occurring during the removal and transportation of spent nuclear fuel and high-level radioactive waste;

`(II) instruction public safety officers procedures for the command and control of the response to any incident involving the waste; and

`(III) instruction of radiological protection and emergency medical personnel in procedures for responding to an incident involving spent nuclear fuel or high-level radioactive waste being transported.

`(2) No shipments if no training-

Provided, however,

`(i) an emergency, including the sudden and unforeseen closure of a highway or rail line or the sudden and unforeseen need to remove spent fuel from a reactor because of an accident, or

`(ii) the refusal to accept technical assistance by a State or Indian tribe, or

`(iii) fraudulent actions which violate Federal law governing the expenditure of Federal funds.

Provided, however,

Provided further,

`(3) Grants-

`(A) IN GENERAL- To implement this section, grants shall be made under section 401(d).

`(B) Grants for development of plans-

`(i) IN GENERAL- The Secretary shall make a grant of at least $150,000 to each State through the jurisdiction of which and each federally recognized Indian tribe through the reservation lands of which a shipment of spent nuclear fuel or high-level radioactive waste will be made under this Act for the purpose of developing a plan to prepare for such shipments.

`(ii) LIMITATION- A grant shall be made under clause (i) only to a State or a federally recognized Indian tribe that has the authority to respond to incidents involving shipments of hazardous material.

`(C) GRANTS FOR IMPLEMENTATION OF PLANS-

`(i) IN GENERAL- Annual implementation grants shall be made to States and Indian tribes that have developed a plan to prepare for shipments under this Act under subparagraph (B). The Secretary, in submitting the annual departmental budget to Congress for funding of implementation grants under this section, shall be guided by the State and tribal plans developed under subparagraph (B). As part of the Department of Energy's annual budget request, the Secretary shall report to Congress on--

`(I) the funds requested by States and federally recognized Indian tribes to implement this subsection;

`(II) the amount requested by the President for implementation; and

`(III) the rationale for any discrepancies between the amounts requested by States and federally recognized Indian tribes and the amounts requested by the President.

`(ii) ALLOCATION- Of funds available for grants under this subparagraph for any fiscal year--

`(I) 25 percent shall be allocated by the Secretary to ensure minimum funding and program capability levels in all States and Indian tribes based on plans developed under subparagraph (B); and

`(II) 75 percent shall be allocated to States and Indian tribes in proportion to the number of shipment miles that are projected to be made in total shipments under this Act through each jurisdiction.

`(4) AVAILABILITY OF FUNDS FOR SHIPMENTS- Funds under paragraph (1) shall be provided for shipments to an interim storage facility or repository, regardless of whether the interim storage facility or repository is operated by a private entity or by the Department of Energy.

`(5) MINIMIZING DUPLICATION OF EFFORT AND EXPENSES- The Secretaries of Transportation, Labor, and Energy, Directors of the Federal Emergency Management Agency and National Institute of Environmental Health Sciences, the Nuclear Regulatory Commission, and Administrator of the Environmental Protection Agency shall review periodically, with the head of each department, agency, or instrumentality of the Government, all emergency response and preparedness training programs of that department, agency, or instrumentality to minimize duplication of effort and expense of the department, agency, or instrumentality in carrying out the programs and shall take necessary action to minimize duplication.

`(d) PUBLIC EDUCATION- The Secretary shall conduct a program to educate the public regarding the transportation of spent nuclear fuel and high-level radioactive waste, with an emphasis on those States, units of local government, and Indian tribes through whose jurisdiction the Secretary plans to transport substantial amounts of spent nuclear fuel or high-level radioactive waste.

`(e) USE OF PRIVATE CARRIERS- The Secretary, in providing for the transportation of spent nuclear fuel and high-level radioactive waste under this Act, shall contract with private industry to the fullest extent possible in each aspect of such transportation. The Secretary shall use direct Federal services for such transportation only upon a determination by the Secretary of Transportation, in consultation with the Secretary, that private industry is unable or unwilling to provide such transportation services at a reasonable cost.

`(f) COMPLIANCE WITH TRANSPORTATION REGULATIONS- Any person that transports spent nuclear fuel or high-level radioactive waste under the Nuclear Waste Policy Act of 1999, pursuant to a contract with the Secretary, shall comply with all requirements governing such transportation issued by the Federal, State and local governments, and Indian tribes, in the same way and to the same extent that any person engaging in that transportation that is in or affects interstate commerce must comply with such requirements, as required by section 5126 of title 49, United States Code.

`(g) EMPLOYEE PROTECTION- Any person engaged in the interstate commerce of spent nuclear fuel or high-level radioactive waste under contract to the Secretary pursuant to this Act shall be subject to and comply fully with the employee protection provisions of section 20109 of title 49, United States Code (in the case of employees of railroad carriers) and section 31105 of title 49, United States Code (in the case of employees operating commercial motor vehicles), or the Commission (in the case of all other employees).

`(h) Training Standard-

`(1) No later than 12 months after the date of enactment of the Nuclear Waste Policy Act of 1999, 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 onsite managerial personnel receive the same training as workers, and a minimum number of additional hours of specialized training pertinent to their managerial responsibilities; and

`(C) a training program applicable to persons responsible for responding to and cleaning up emergency situations occurring during the removal and transportation of spent 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 and high-level radioactive waste shall, in accordance with existing regulations, ensure their ability to protect nearby persons, property, or the environment from the effects of accidents involving spent nuclear fuel and high-level radioactive waste.

`(5) AUTHORIZATION- There is authorized to be appropriated to the Secretary of Transportation, from general revenues, such sums as may be necessary to perform his duties under this subsection.

`SEC. 204. INTERIM STORAGE.

`(a) AUTHORIZATION- The Secretary shall design, construct, and operate a facility for the interim storage of spent nuclear fuel and high-level radioactive waste at the interim storage facility site. The interim storage facility shall be subject to licensing pursuant to the Atomic Energy Act of 1954 (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 by June 30, 2003. The Commission's regulations shall be amended by the Commission as necessary to implement the provisions of this Act. The Commission may amend part 72 of title 10, Code of Federal Regulations with regard to facilities not covered by this Act as deemed appropriate by the Commission.

`(b) DESIGN- The design for the interim storage facility shall provide for the use of storage technologies which are licensed, approved, or certified by the Commission, to ensure compatibility between the interim storage facility and contract holders' spent nuclear fuel and facilities, and to facilitate the Secretary's ability to meet the Secretary's obligations under this Act.

`(c) LICENSE APPLICATION- No later than 12 months after the date of enactment of this Act, the Secretary shall submit a license application and an environmental report in accordance with applicable regulations (subpart B of part 72 of title 10, Code of Federal Regulations, and subpart A of part 51 of title 10, Code of Federal Regulations, respectively). The license application--

`(1) shall be for a term of 40 years, and shall be renewable for additional terms upon application of the Secretary; and

Provided,

`(d) Additional Authority-

`(1) CONSTRUCTION- For the purpose of complying with subsection (a), the Secretary may commence site data acquisition activities and design activities necessary to complete license application under subsection (c) of this section. The Secretary shall not commence construction of an interim storage facility (which shall mean taking actions within the meaning of the term `commencement of construction' contained in the Commission's regulations in section 72.3 of title 10, Code of Federal Regulations) before the Commission, or an appropriate officer or Board of the Commission, makes the finding under section 72.40(b) of title 10, Code of Federal Regulations.

`(2) FACILITY USE- Notwithstanding any other applicable licensing requirement, the Secretary may utilize facilities owned by the Federal Government on the date of enactment of the Nuclear Waste Policy Act of 1999 and located within the boundaries of the interim storage site, in connection with addressing any imminent and substantial endangerment to public health and safety at the interim storage facility site, prior to receiving a license from the Commission for the interim storage facility, for purposes of fulfilling requirements for retrievability during the first five years of operation of the interim storage facility.

`(e) License Amendments-

`(1) The Secretary may seek such amendments to the license for the interim storage facility as the Secretary may deem appropriate, including, but not limited to, amendments to use new storage technologies licensed by the Commission or to respond to changes in Commission regulations.

`(2) After the Commission issues a license to dispose of spent nuclear fuel and high-level radioactive waste in the permanent repository, the Secretary may seek such amendments to the license for the interim storage facility as are necessary to ensure the efficient operation of the integrated management system.

`(f) Environmental Impact Statement-

`(1) FINAL DECISION- A final decision of the Commission to grant or deny a license application for 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)) the Commission's regulations, and section 207 of this Act. In preparing such Environmental Impact Statement, the Commission--

`(A) shall assume that no more than 30,000 MTU will be stored at the facility; and

`(B) 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.

`(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 prior to the date of the 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 prior to such establishment, of any technology for the storage of civilian spent nuclear fuel at the site of any civilian nuclear power reactor.

`(i) FINAL DECISION- The Commission shall issue a final decision granting or denying a license for an interim storage facility not later than 32 months after the date of submittal of the application for such license.

`(j) AMENDMENTS TO REGULATION- No later than 32 months following the date of enactment of the Nuclear Waste Policy Act of 1999, the Commission shall make any amendments necessary to the definition of `spent nuclear fuel' in section 72.3 of title 10, Code of Federal Regulations, to allow an interim storage facility to accept (subject to such conditions as the Commission may require in a subsequent license)--

`(1) spent nuclear fuel and associated nuclear materials from research reactors;

`(2) spent nuclear fuel from naval reactors; and

`(3) spent nuclear fuel and associated nuclear materials and high-level radioactive waste from atomic energy defense activities. Following any such amendments, the Secretary shall seek authority, as necessary, to store such fuel and waste at the interim storage facility.

None of the activities carried out pursuant to this paragraph shall delay, or otherwise affect, the development, licensing, construction, or operation of the interim storage facility.

`SEC. 205. PERMANENT DISPOSAL.

`(a) Repository Characterization-

`(1) CHARACTERIZATION OF THE YUCCA MOUNTAIN SITE- The Secretary shall carry out site characterization activities at the Yucca Mountain site in accordance with the Secretary's program approach to site characterization. Such activities shall be limited to only those activities which the Secretary considers necessary to provide the data required for evaluation of the suitability of such site for an application to be submitted to the Commission for a construction authorization for a repository at such site, and for compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), consistent with this Act.

`(2) GUIDELINES- The Secretary shall amend 10 C.F.R. Part 960 to base any conclusions regarding site suitability, to the extent practicable, on an assessment of total system performance of the repository.

`(b) Environmental Impact Statements-

`(1) CONSTRUCTION AND OPERATION- With respect to the Secretary's decision to file for a license application under subsection (c), only the construction and operation of the repository shall be considered a major Federal action significantly affecting the quality of the human environment for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Secretary shall prepare an environmental impact statement on only the construction and operation of the repository and shall submit such statement to the Commission with the license application with the license application to be filed under subsection (c).

`(2) CLOSURE- With respect to the Secretary's decision to file for license amendment under subsection (d), the closure of the repository shall be considered a major Federal action significantly affecting the quality of the human environment for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Secretary shall prepare an environmental impact statement on the closure of the repository and shall submit such statement to the Commission with the license application to be filed under subsection (d).

`(c) License Application-

`(1) SCHEDULE- No later than October 31, 2001, the Secretary shall apply to the Commission for authorization to construct a repository at the Yucca Mountain site.

`(2) MAXIMIZING CAPACITY- In developing an application for authorization to construct the repository, the Secretary shall seek to maximize the capacity of the repository.

`(3) DECISION NOT TO APPLY FOR A LICENSE FOR THE YUCCA MOUNTAIN SITE- If, at any time prior to October 31, 2001, the Secretary determines that the Yucca Mountain site 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.

`(d) 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 risk of the repository beyond the standard established in subsection (f)(1).

`(5) APPLICATION OF HEALTH AND SAFETY STANDARDS- The licensing determination of the Commission with respect to risk to the health and safety of the public under paragraphs (1), (2), or (3) of this subsection shall be based solely on a finding whether the repository can be operated in conformance with the overall performance standard in subsection (f)(1) of this section, applied in accordance with the provisions of subsection (f)(2) of this section and the standards established by the Administrator under section 801 of the Energy Policy Act of 1992 (42 U.S.C. 10141 note).

`(e) MODIFICATION OF THE COMMISSION'S REPOSITORY LICENSING REGULATIONS- The Commission shall amend its regulations governing the disposal of spent nuclear fuel and high-level radioactive waste (10 CFR part 60), as necessary, to be consistent with the provisions of this Act. The Commission's regulations shall provide for the modification of the repository licensing procedure in subsection (d) of this section, as appropriate, in the event that the Secretary seeks a license to permit the emplacement in the repository, on a retrievable basis, of spent nuclear fuel or high-level radioactive waste as is necessary to provide the Secretary with sufficient confirmatory data on repository performance to reasonably confirm the basis for repository closure consistent with applicable regulations.

`(f) REPOSITORY LICENSING STANDARDS AND ADDITIONAL PROCEDURES- In complying with the requirements of section 801 of the Energy Policy Act of 1992 (42 U.S.C. 10141 note), the Administrator shall achieve consistency with the findings and recommendations of the National Academy of Sciences, and the Commission shall amend its regulations with respect to licensing standards for the repository, as follows:

`(1) ESTABLISHMENT OF OVERALL SYSTEM PERFORMANCE STANDARD-

`(A) RISK STANDARD- The standard for protection of the public from releases of radioactive material or radioactivity from the repository shall limit the lifetime risk, to the average member of the critical group, of premature death from cancer due to such releases to approximately, but not greater than, 1 in 1000. The comparison to this standard shall use the upper bound of the 95-percent confidence interval for the expected value of lifetime risk to the average member of the critical group.

`(B) FORM OF STANDARD- The standard promulgated by the Administrator under section 801 of the Energy Policy Act of 1992 (42 U.S.C. 10141 note) shall be an overall system performance standard. The Administrator shall not promulgate a standard for the repository in the form of release limits or contaminant levels for individual radionuclides discharged from the repository.

`(C) ASSUMPTIONS USED IN FORMULATING AND APPLYING THE STANDARD- In promulgating the standard under section 801 of the Energy Policy Act of 1992 (42 U.S.C. 10141 note), the Administrator shall consult with the Secretary of Energy and the Commission. The Commission, after consultation with the Secretary, shall specify, by rule, values for all the assumptions considered necessary by the Commission to apply the standard in a licensing proceeding for the repository before the Commission, including the reference biosphere and size and characteristics of the critical group.

`(D) DEFINITION- As used in this subsection, the term `critical group' means a small group of people that is--

`(i) representative of individuals expected to be at highest risk of premature death from cancer as a result of discharges of radionuclides from the permanent repository;

`(ii) relatively homogeneous with respect to expected radiation dose, which shall mean that there shall be no more than a factor of ten in variation in individual dose among members of the group; and

`(iii) selected using reasonable assumptions--concerning lifestyle, occupation, diet and eating and drinking habits, technological sophistication, or other relevant social and behavior factors--that are based on reasonably available information, when the group is defined, on current inhabitants and conditions in the area of 50-mile radius surrounding Yucca Mountain contained within a line drawn 50 miles beyond each of the boundaries of the Yucca Mountain site.

`(2) APPLICATION OF OVERALL SYSTEM PERFORMANCE STANDARD- The Commission shall issue the construction authorization, license, or license amendment, as applicable, if it finds reasonable assurance that for the first 10,000 years following the closure of the repository, the overall system performance standard will be met based on a probabilistic evaluation, as appropriate, of compliance with the overall system performance standard in paragraph (1).

`(3) FACTORS- For purposes of establishing the overall system performance standard in paragraph (1) and making the finding in paragraph (2)--

`(A) the Administrator and the Commission shall not consider climate regimes that are substantially different from those that have occurred during the previous 100,000 years at the Yucca Mountain site;

`(B) the Administrator and the Commission shall not consider catastrophic events where the health consequences of individual events themselves to the critical group can be reasonably assumed to exceed the health consequences due to impact of the events on repository performance; and

`(C) the Administrator and the Commission shall not base the standard in paragraph (1) or the finding in paragraph (2) on scenarios involving human intrusion into the repository following repository closure.

`(4) REVIEW-

`(A) Any standard promulgated by the Administrator under section 801 of the Energy Policy Act of 1992 (42 U.S.C. 10141 note) shall be deemed a major rule within the meaning of section 804(2) of title 5, United States Code, and shall be subject to the requirements and procedures pertaining to a major rule in chapter 8 of such title.

`(B) The effective date of the construction authorization for the repository shall be 90 days after the issuance of such authorization by the Commission, unless Congress is standing in adjournment for a period of more than one week on the date of issuance, in which case the effective date shall be 90 days after the date on which Congress is expected to reconvene after such adjournment.

`(5) REPORT TO CONGRESS- At the time that the Commission issues a construction authorization for the repository, the Commission shall submit a report to Congress--

`(A) analyzing the overall system performance of the repository through the use of probabilistic evaluations that use best estimate assumptions, data, and methods for the period commencing after the first 10,000 years after repository closure and including the time after repository closure of maximum risk to the critical group of premature death from cancer due to repository releases;

`(B) analyzing the consequences of a single instance of human intrusion into the repository, during the first 1,000 years after repository closure, on the ability of the repository to perform its intended function.

`(g) ADDITIONAL ACTIONS BY THE COMMISSION- The Commission shall take final action on the Secretary's application for construction authorization for the repository no later than 40 months after submission of the application.

`SEC. 207. COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT.

`(a) PRELIMINARY ACTIVITIES- Each activity of the Secretary or the President under sections 201, 202, 203, 204(b), 204(c), 204(d), and 205(a) shall be considered a preliminary decision making activity. No such activity shall be considered final agency action for purposes of judicial review. No activity of the Secretary or the President under sections 203, 204, or 205 shall require the preparation of an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) or any environmental review under subparagraph (E) or (F) of section 102(2) of such Act (42 U.S.C. 4332(2)(E) or (F)).

`(b) STANDARDS AND CRITERIA- The promulgation of standards or criteria in accordance with the provisions of this title, or under section 801 of the Energy Policy Act of 1992 (42 U.S.C. 10141 note), shall not require the preparation of an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(2)) or any environmental review under subparagraph (E) or (F) of section 102(2) of such Act (42 U.S.C. 4332(2)(E) or (F)).

`(c) REQUIREMENTS RELATING TO ENVIRONMENTAL IMPACT STATEMENTS-

`(1) With respect to the requirements imposed by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)--

`(A) in any final environmental impact statement under section 204 or 205, the Secretary or the Commission, as applicable, shall not be required to consider the need for a repository or an interim storage facility; the time of initial availability of a repository or interim storage facility; the alternatives to geological disposal or centralized interim storage; or alternative sites to the Yucca Mountain site or the interim storage facility site designated under section 204(a); and

`(B) compliance with the procedures and requirements of this title shall be deemed adequate consideration of the need for centralized interim storage or a repository; the time of initial availability of centralized interim storage or the repository or centralized interim storage; and all alternatives to centralized interim storage and permanent isolation of high-level radioactive waste and spent nuclear fuel in an interim storage facility or a repository, respectively.

`(2) The final environmental impact statement for the repository prepared by the Secretary and submitted with the license application for a repository under section 206(c) shall, to the extent practicable, be adopted by the Commission in connection with the issuance by the Commission of a construction authorization and license for such repository. To the extent such statement is adopted by the Commission, such adoption shall be deemed to satisfy the responsibilities of the Commission under the National Environmental Policy Act of 1969 and no further consideration shall be required, except that nothing in this subsection shall affect any independent responsibilities of the Commission to protect the public health and safety under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).

`(d) CONSTRUCTION WITH OTHER LAWS- Nothing in this Act shall be construed to amend or otherwise detract from the licensing requirements of the Nuclear Regulatory Commission established in title II of the Energy Reorganization Act of 1974 (42 U.S.C. 5841 et seq.).

`(e) JUDICIAL REVIEW- Judicial review under section 503 of this Act of any environmental impact statement prepared or adopted by the Commission shall be consolidated with the judicial review of the licensing decision to which it relates. No court shall have jurisdiction to enjoin issuance of the Commission repository licensing regulations prior to its final decision on review of such regulations.

`SEC. 207. LAND WITHDRAWAL.

`(a) WITHDRAWAL AND RESERVATION-

`(1) WITHDRAWAL- Subject to valid existing rights, the interim storage facility site and the Yucca Mountain site, as described in subsection (b), are withdrawn from all forms of entry, appropriation, and disposal under the public land laws, including the mineral leasing laws, the geothermal leasing laws, the material sale laws, and the mining laws.

`(2) JURISDICTION- Jurisdiction of any land within the interim storage facility site and the Yucca Mountain site managed by the Secretary of the Interior or any other Federal officer is transferred to the Secretary.

`(3) RESERVATION- The interim storage facility site and the Yucca Mountain site are reserved for the use of the Secretary for the construction and operation, respectively, of the interim storage facility and the repository and activities associated with the purposes of this title.

`(b) LAND DESCRIPTION-

`(1) BOUNDARIES- The boundaries depicted on the map entitled `Interim

Storage Facility Site Withdrawal Map,' dated July 28, 1995, and on file with the Secretary, are established as the boundaries of the interim storage facility site.

`(2) BOUNDARIES- The boundaries depicted on the map entitled `Yucca Mountain Site Withdrawal Map,' dated July 28, 1995, and on file with the Secretary, are established as the boundaries of the Yucca Mountain site.

`(3) NOTICE AND MAPS- Within 6 months of the date of 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 maps described in paragraph (1), and the legal description of the interim storage facility site with the Congress, the Secretary of the Interior, the Governor of Nevada, and the Archivist of the United States.

`(4) NOTICE AND MAPS- Concurrent with the Secretary's application to the Commission for authority to construct the repository, the Secretary shall--

`(A) publish in the Federal Register a notice containing a legal description of the Yucca Mountain site; and

`(B) file copies of the maps described in paragraph (2), and the legal description of the Yucca Mountain site with the Congress, the Secretary of the Interior, the Governor of Nevada, and the Archivist of the United States.

`(5) CONSTRUCTION- The maps and legal descriptions of the interim storage facility site and the Yucca Mountain site referred to in this subsection shall have the same force and effect as if they were included in this Act. The Secretary may correct clerical and typographical errors in the maps and legal descriptions and make minor adjustments in the boundaries of the sites.

`SEC. 208. 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 III--LOCAL RELATIONS

`SEC. 301. ONSITE 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. 302. FINANCIAL ASSISTANCE.

`(a) GRANTS- The Secretary is authorized to make grants to any affected Indian tribe or affected unit of local government for purposes of enabling the affected Indian tribe or affected unit of local government--

`(1) to review activities taken with respect to the Yucca Mountain site for purposes of determining any potential economic, social, public health and safety, and environmental impacts of the integrated management system on the affected Indian tribe or the affected unit of local government and its residents;

`(2) to develop a request for impact assistance under subsection (c);

`(3) to engage in any monitoring, testing, or evaluation activities with regard to such site;

`(4) to provide information to residents regarding any activities of the Secretary, or the Commission with respect to such site; and

`(5) to request information from, and make comments and recommendations to, the Secretary regarding any activities taken with respect to such site.

`(b) SALARY AND TRAVEL EXPENSES- Any salary or travel expense that would ordinarily be incurred by any affected Indian tribe or affected unit of local government may not be considered eligible for funding under this section.

`(c) Financial and Technical Assistance-

`(1) ASSISTANCE REQUESTS- The Secretary is authorized to offer to provide financial and technical assistance to any affected Indian tribe or affected unit of local government requesting such assistance. Such assistance shall be designed to mitigate the impact on the affected Indian tribe or affected unit of local government of the development of the integrated management system.

`(2) REPORT- Any affected Indian tribe or affected unit of local government may request assistance under this section by preparing and submitting to the Secretary a report on the economic, social, public health and safety, and environmental impacts that are likely to result from activities of the integrated management system.

`(d) Other Assistance-

`(1) TAXABLE AMOUNTS- In addition to financial assistance provided under this subsection, the Secretary is authorized to grant to any affected Indian tribe or affected unit of local government an amount each fiscal year equal to the amount such affected Indian tribe or affected unit of local government, respectively, would receive if authorized

to tax integrated management system activities, as such affected Indian tribe or affected unit of local government taxes the non-Federal real property and industrial activities occurred within such affected unit of local government.

`(2) ASSISTANCE TO INDIAN TRIBES AND UNITS OF LOCAL GOVERNMENT-

`(A) PERIOD- Any affected Indian tribe or affected unit of local government may not receive any grant under paragraph (1) after the expiration of the 1-year period following the date on which the Secretary notifies the affected Indian tribe or affected unit of local government of the termination of the operation of the integrated management system.

`(B) ACTIVITIES- Any affected Indian tribe or affected unit of local government may not receive any further assistance under this section if the integrated management system activities at such site are terminated by the Secretary or if such activities are permanently enjoined by any court.

`SEC. 303. BENEFITS AGREEMENTS.

`(a) IN GENERAL-

`(1) SEPARATE AGREEMENTS- The Secretary shall offer to enter into separate agreements with Nye County, Nevada, and Lincoln County, Nevada, concerning the 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. 304. CONTENT OF AGREEMENTS.

`(a) IN GENERAL-

`(1) SCHEDULE- The Secretary, subject to appropriations, shall make payments to the party of a benefits agreement under section 303(a) in accordance with the following schedule:

`(A) Annual payments prior to first receipt of fuel, $2.5 million;

`(B) Upon first spent fuel receipt, $5 million; and

`(C) Annual payments after first spent fuel receipt until closure of facility, $5 million.

`(2) DEFINITIONS- For purposes of this section, the term--

`(A) `spent fuel' means high-level radioactive waste or spent nuclear fuel; and

`(B) `first spent fuel receipt' does not include receipt of spent fuel or high-level radioactive waste for purposes of testing or operational demonstration.

`(3) ANNUAL PAYMENTS- Annual payments prior to first spent receipt under line (A) of the benefit schedule shall be made on the date of execution of the benefits agreement and thereafter on the anniversary date of such execution. Annual payments after the first spent fuel receipt until closure of the facility under line (C) of the benefit schedule shall be made on the anniversary date of such first spent fuel receipt.

`(4) REDUCTION- If the first spent fuel payment under line (B) is made within 6 months after the last annual payment prior to the receipt of spent fuel under line (A) of the benefit schedule, such first spent fuel payment under line (B) of the benefit schedule shall be reduced by an amount equal to 1/12 of such annual payment under line (A) of the benefit schedule for each full month less than 6 that has not elapsed since the last annual payment under line (A) of the benefit schedule.

`(b) CONTENTS- A benefits agreement under section 303 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 303 shall constitute a commitment by the United States to make payments in accordance with such agreement.

`SEC. 305. 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 denied, 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, any provision of such Constitution or laws to the contrary notwithstanding.

`(b) ARGUMENTS- Neither the United States nor any other entity may assert any argument based on legal or equitable estoppel, or acquiescence, or waiver, or consensual involvement, in response to any decision by the State of Nevada, to oppose the siting in Nevada of the interim storage facility or repository premised upon or related to the acceptance or use of benefits under this title.

`(c) LIABILITY- No liability of any nature shall accrue to be asserted against the State of Nevada, its Governor, any official thereof, or any official of any government unit thereof, premised solely upon the acceptance or use of benefits under this title.

`SEC. 306. RESTRICTION ON USE OF FUNDS.

`None of the funding provided under this title may be used--

`(1) directly or indirectly to influence legislative action on any manner 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. 307. INITIAL LAND CONVEYANCES.

`(a) CONVEYANCES OF PUBLIC LANDS- One hundred and twenty days after October 1, 2000, all right, title and interest of the United States in the property described in subsection (b), and improvements thereon, together with all necessary easements for utilities and ingress and egress to such property, including, but not limited to, the right to improve those easements, are conveyed by operation of law to the County of Nye, County of Lincoln, or the City of Caliente, Nevada, unless the county notifies the Secretary of the Interior or the head of such other appropriate agency in writing within 60 days of such date that it elects not to take title to all or any part of the property, except that any lands conveyed to the County of Nye under this subsection that are subject to a Federal grazing permit or lease or a similar federally granted permit or lease shall be conveyed between 60 and 120 days of the earliest time the Federal agency administering or granting the permit or lease would be able to legally terminate such right under the statutes and regulations existing at the date of enactment of this Act, unless Nye County and the affected holder of the permit or lease negotiate an agreement that allows for an earlier conveyance.

`(b) SPECIAL CONVEYANCES- Subject to valid existing rights and notwithstanding any other law, the Secretary of the Interior or the head of the other appropriate agency shall convey:

`(1) To the County of Nye, Nevada, the following public lands depicted on the maps dated 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; and

`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; and

`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; and

`Map 2: City of Caliente, parcel M, Industrial Park Site, jointly with Lincoln County.

`(4) To the City of Caliente, Nevada, the following public lands depicted on the maps dated March 15, 1999, and on file with the Secretary:

`Map 1: City of Caliente, Industrial Park Site Expansion.

`(c) CONSTRUCTION- The maps and legal descriptions of special conveyances referred to in subsection (b) shall have the same force and effect as if they were included in this Act. The Secretary may correct clerical and typographical errors in the maps and legal descriptions and make minor adjustments in the boundaries of the sites.

`(d) EVIDENCE OF TITLE TRANSFER- Upon the request of the County of Lincoln, Nevada, the Secretary of the Interior shall provide evidence of title transfer.

`SEC. 308. PAYMENTS EQUAL TO 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) 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 IV--FUNDING AND ORGANIZATION

`SEC. 401. PROGRAM FUNDING.

`(a) Contracts-

Provided,

`(2) Nuclear waste offsetting collection-

`(A) For electricity generated by civilian nuclear power reactors and sold, the Secretary shall collect an aggregate amount of fees under this paragraph equal to the annual level of appropriations for expenditures on those activities, consistent with subsection (d), for each fiscal year beginning October 1, 2000, minus--

`(i) the appropriation provided pursuant to section 403; and

`(ii) the amount of the appropriation from the Nuclear Waste Fund, as authorized pursuant to paragraph (3)(B).

`(B) The Secretary shall determine the level of the annual fee for each civilian nuclear power reactor based on the amount of electricity generated and sold, except that for the period commencing with fiscal year 2001 and continuing through the fiscal year in which disposal at the repository commences--

`(I) the total average annual amount of offsetting collection fees combined with the nuclear waste mandatory fee collected pursuant to paragraph (3), shall not exceed 1.0 mill per-kilowatt hour generated and sold; and

`(II) the total amount of offsetting collection fees combined with the nuclear waste mandatory fee collected pursuant to paragraph (3) in any fiscal year in such period shall not exceed 1.5 mill per kilowatt hour generated and sold:

Provided,

established pursuant to paragraph (3). Fees assessed pursuant to this subparagraph shall be paid to the Treasury of the United States and shall be available for use by the Secretary pursuant to this section until expended.

`(3) NUCLEAR WASTE MANDATORY FEE-

`(A) Except as provided in paragraph (5)(B) of this paragraph, for electricity generated by civilian nuclear power reactors and sold on or after January 7, 1983, the fee paid to the Secretary under this paragraph shall be equal to--

`(i) 1.0 mill per kilowatt-hour generated and sold for the fiscal year beginning October 1, 1999;

`(ii) 0.54 mill per kilowatt-hour generated and sold for each fiscal year beginning October 1, 2000 and ending on September 30, 2004;

`(iii) 0.41 mill per kilowatt-hour generated and sold for each fiscal year beginning October 1, 2004 and ending September 30, 2009; and,

`(iv) zero mill per kilowatt-hour generated and sold for each fiscal year after September 30, 2009, unless the Secretary makes a determination pursuant to paragraph (5)(C), which is adopted pursuant to paragraph (7).

`(B) There is authorized to be appropriated from the Nuclear Waste Fund, for each fiscal year beginning October 1, 1999, amounts equal to the amounts determined in subparagraph (A), as well as such sums as may be necessary from the balances in the Nuclear Waste Fund.

`(4) CAP ON PARAGRAPH (2) AND (3) FEES- The total annual amount of offsetting collection fees collected pursuant to paragraph (2) and the nuclear waste mandatory fee collected pursuant to paragraph (3) shall not exceed 1.0 mill per-kilowatt hour generated and sold.

`(5) ADJUSTMENTS TO THE CAP ON FEES-

`(A) No later than 30 days after the beginning of each fiscal year, the Secretary shall determine whether insufficient or excess revenues are being collected under this subsection, in order to recover the costs incurred by the Federal Government under subsection (d). In making this determination, the Secretary shall--

`(i) rely on the `Analysis of the Total System Life Cycle Cost of the Civilian Radioactive Waste Management Program', dated December 1998, or on a total system life-cycle costs analysis published by the Secretary (after notice and opportunity for public comment) after the date of enactment of the Nuclear Waste Policy Act of 1999, in making any estimate of the costs to be incurred by the Government under subsection (c)(2);

`(ii) rely on projections from the Energy Information Administration, consistent with the projections contained in the reference case in the most recent `Annual Energy Outlook' published by such Administration, in making any estimate of future power generation; and

`(iii) take into account projected balances in, and expenditures from the Nuclear Waste Fund.

`(B) If the Secretary determines under subparagraph (A) that either insufficient or excess revenues are being collected, the Secretary shall, at the time of the determination, transmit to Congress a proposal to adjust the cap amount specified in subsection (a)(2)(B) to ensure full cost recovery. The amount in subsection (a)(2)(B) shall be adjusted, by operation of law, immediately upon enactment of a joint resolution of approval under paragraph (7) of this subsection.

`(C) For any fiscal year after September 30, 2009, the Secretary shall propose a nuclear waste mandatory fee only if the Secretary determines that the offsetting collection fee under subsection (a)(2) is insufficient to recover the costs incurred by the Government under subsection (d), minus the percentage required to be funded by the Federal Government pursuant to section 403.

`(D) The Secretary shall, by rule, establish procedures necessary to implement this paragraph.

`(6) ONE-TIME FEE-

`(A) For spent nuclear fuel or solidified high-level radioactive waste derived from spent nuclear fuel, which fuel was used to generate electricity in a civilian nuclear power reactor prior to January 7, 1983, the fee shall be in an amount equivalent to an average charge of 1.0 mill per kilowatt-hour for electricity generated by such spent nuclear fuel, or such solidified high-level waste derived therefrom. Payment of such one-time fee prior to the date of enactment of the Nuclear Waste Policy Act of 1999 shall satisfy the obligation imposed under this paragraph.

`(B) Any one-time fee paid and collected subsequent to the date of enactment of the Nuclear Waste Policy Act of 1999 pursuant to the contracts, including any interest due pursuant to the contracts, shall be paid to the Nuclear Waste Fund--

`(i) for civilian nuclear power reactors owned by investor-owned and cooperatively-owned utilities, an amount not less than one half the one-time fee shall be paid no later than September 30, 2004, and the remaining balance shall be paid no later than September 30, 2009;

`(ii) for civilian nuclear power reactors owned by publicly-owned utilities, the one time fee shall be paid in four increments of one-fourth each, in the fiscal years ending on September 30, 2003, 2004, 2008 and 2009; and

`(iii) any unpaid amounts of the one-time fee shall continue to accrue interest until the time of payment, pursuant to the terms and conditions established in contracts.

`(C) The Commission shall suspend the license of any licensee who fails or refuses to pay the full amount of the fees assessed under this subsection, on or before the date on which fees are due, and the license shall remain suspended until the full amount of the fees assessed under this subsection is paid.

`(D) The person paying the fee under this paragraph to the Secretary shall have no further financial obligation to the Federal Government for the long-term storage and permanent disposal of spent fuel or high-level radioactive waste derived from spent nuclear fuel used to generate electricity in a civilian power reactor prior to January 7, 1983.

`(7) EXPEDITED PROCEDURES FOR APPROVAL OF CHANGES TO THE CAP ON NUCLEAR WASTE FEES-

XXXXXX

`(B) A joint resolution described in subparagraph (A) shall be referred to the committees in each House of Congress with jurisdiction.

`(C) In the Senate, if the committee to which is referred a joint resolution described in subparagraph (A) has not reported such joint resolution (or an identical joint resolution) at the end of 20 calendar days after the date on which it is introduced, such committee may be discharged from further consideration of such joint resolution upon a petition supported in writing by 30 Members of the Senate, and such joint resolution shall be placed on the calendar.

`(D) In the Senate, the procedure under section 802(d) of title 5, United States Code, shall apply to a joint resolution described under subparagraph (A).

`(8) POINTS OF ORDER- Notwithstanding any other provision of this Act, no points of order, which require 60 votes in order to adopt a motion to waive such point of order, shall be considered to be waived during the consideration of a joint resolution under section 401 of this Act.

`(b) ADVANCE CONTRACTING REQUIREMENT-

`(1) IN GENERAL-

`(A) LICENSE ISSUANCE AND RENEWAL- The Commission shall not issue or renew a license to any person to use a utilization or production facility under the authority of section 103 or 104 of the Atomic Energy Act of 1954 (42 U.S.C. 2133, 2134) unless--

`(i) such person has entered into a contract under subsection (a) with the Secretary; or

`(ii) the Secretary affirms in writing that such person is actively and in good faith negotiating with the Secretary for a contract under subsection (a).

`(B) PRECONDITION- The Commission, as it deems necessary or appropriate, may require as a precondition to the issuance or renewal of a license under section 103 or 104 of the Atomic Energy Act of 1954 (42 U.S.C. 2133, 2134) that the applicant for such license shall have entered into an agreement with the Secretary for the disposal of spent nuclear fuel and high-level radioactive waste that may result from the use of such license.

`(2) DISPOSAL IN REPOSITORY- No spent nuclear fuel or high-level radioactive waste generated or owned by any person (other than a department of the United States referred to in section 101 or 102 of title 5, United States Code) may be disposed of by the Secretary in the repository unless the generator or owner of such spent fuel or waste has entered into a contract under subsection (a) with the Secretary by not later than June 30, 1983, or the date on which such generator or owner commences generation of, or takes title to, such spent fuel or waste.

`(3) ASSIGNMENT- The rights and duties of contract holders are assignable.

`(4) DISPOSAL CONDITION- No spent nuclear fuel or high-level radioactive waste from research or atomic energy defense activities may be stored or disposed of by the Secretary at the interim storage facility or repository unless, in each fiscal year, the Secretary funds the appropriate portion of the costs of such storage and disposal as specified in subsection (a), as well as an amount that will ensure that the unpaid balance of the Federal contribution from prior years is fully paid no later than the date of initial acceptance of spent nuclear fuel and high-level radioactive waste at the repository.

`(c) NUCLEAR WASTE FUND-

`(1) IN GENERAL- The Nuclear Waste Fund established in the Treasury of the United States under section 302(c) of the Nuclear Waste Policy Act of 1982 shall continue in effect under this Act and shall consist of--

`(A) the existing balance in the Nuclear Waste Fund on the date of enactment of this Act; and

`(B) all receipts, proceeds, and recoveries realized under subsections (a)(3), (a)(6), and (c)(2) subsequent to the date of enactment of the Nuclear Waste Policy Act of 1999, which shall be deposited in the Nuclear Waste Fund immediately upon their realization.

`(2) Administration of nuclear waste fund-

`(A) IN GENERAL- The Secretary of the Treasury shall hold the Nuclear Waste Fund and, after consultation with the Secretary, annually report to the Congress on the financial condition and operations of the Nuclear Waste Fund during the proceeding fiscal year.

`(B) AMOUNTS IN EXCESS OF CURRENT NEEDS- If the Secretary determines that the Nuclear Waste Fund contains at any time amounts in excess of current needs, the Secretary may request the Secretary of the Treasury to invest such amounts, or any portion of such amounts as the Secretary determines to be appropriate, in obligations of the United States--

`(i) having maturities determined by the Secretary of the Treasury to be appropriate to the needs of the Nuclear Waste Fund;

`(ii) bearing interest at rates determined to be appropriate by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the maturities of such investments, except that the interest rates on such investments shall not exceed the average interest rate applicable to existing borrowings, and

`(iii) interest earned on these obligations shall be credited to the Nuclear Waste Fund.

`(C) EXEMPTION- Receipts, proceeds, and recoveries realized by the Secretary under this section, and expenditures of amounts from the Nuclear Waste Fund, shall be exempt from annual apportionment under the provisions of subchapter 11 of chapter 15 of title 31, United States Code.

`(d) USE OF APPROPRIATED FUNDS- During each fiscal year, the Secretary may make expenditures of funds collected after the date of enactment of this Act under this section and section 403, up to the level of appropriations for that fiscal year pursuant to subsection (f) and (g) only for purposes of the integrated management system.

`(e) PROHIBITION ON USE OF APPROPRIATIONS AND NUCLEAR WASTE FUND- The Secretary shall not make expenditures of funds collected pursuant to this section or section 403 to design or construct packages for the transportation, storage, or disposal of spent nuclear fuel from civilian nuclear power reactors. Nothing in this subsection shall be construed to prohibit the Secretary from using funds collected pursuant to this section or section 403 to procure from private suppliers any package that has been certified by the Commission for the transportation, storage or disposal of spent nuclear fuel, or to reimburse the holder of a contract, under subsection (a) for the reasonable costs of a certified package procured or developed by the contract holder for use by the contract holder at his site.

`(f) BUDGET- The Secretary shall submit the budget for implementation of the Secretary's responsibilities under this Act to the Office of Management and Budget annually along with the budget of the Department of Energy submitted at such time in accordance with chapter 11 of title 31, United States Code. The budget shall consist of the estimates made by the Secretary of expenditures under this Act and other relevant financial matters for the period up to the date of initial acceptance of spent nuclear fuel or high-level radioactive waste at the permanent repository, and shall be included in the budget of the United States Government.

`(g) APPROPRIATIONS- The Secretary may make expenditures from the Nuclear Waste Fund and the Nuclear Waste Offsetting Collection, subject to appropriations, which shall remain available until expended.

`SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT.

`(a) ESTABLISHMENTS- There hereby is established within the Department of Energy an Office of Civilian Radioactive Waste Management. The Office shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code.

`(b) FUNCTIONS OF DIRECTOR- The Director of the Office shall be responsible for carrying out the functions of the Secretary under this Act, subject to the general supervision of the Secretary. The Director of the Office shall be directly responsible to the Secretary.

`(c) Audits-

`(1) STANDARD- The Office of Civilian Radioactive Waste Management, its contractors, and subcontractors at all tiers, shall conduct, or have conducted, audits and examinations of their operations in accordance with the usual and customary practices of private corporations engaged in large nuclear construction projects consistent with its role in the program.

`(2) TIME- The management practices and performances of the Office of Civilian Radioactive Waste Management shall be audited every 5 years by an independent management consulting firm with significant experience in similar audits of private corporations engaged in large nuclear construction projects. The first such audit shall be conducted 5 years after the date of enactment of this Act.

`(3) TIME- No audit contemplated by this subsection shall take longer than 30 days to conduct. An audit report shall be issued in final form no longer than 60 days after the audit is commenced.

`(4) PUBLIC DOCUMENTS- All audit reports shall be public documents and available to any individual upon request.

`SEC. 403. FEDERAL CONTRIBUTION.

`(a) ALLOCATION- No later than one year from the date of enactment of the Nuclear Waste Policy Act of 1999, 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 research and 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 research and 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 the development of an 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 spent nuclear fuel and high-level radioactive waste from research and atomic energy defense activities and spent nuclear fuel from foreign research reactors, as established under subsection (a), including amounts necessary to pay the unfunded costs from prior years, with interest.

`(c) REPORT- In conjunction with the annual report submitted to Congress under section 702, the Secretary shall advise the Congress annually of the amount of spent nuclear fuel and high-level radioactive waste from research and 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 research and atomic energy defense activities and spent nuclear fuel from foreign research reactors, as established under subsection (a), including amounts necessary to pay the unfunded costs from prior years, with interest.

`TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS

`SEC. 501. COMPLIANCE WITH OTHER LAWS.

`(a) CONFLICTING REQUIREMENTS- Except as provided in subsection (b) of this section, a requirement of a State, political subdivision of a State, or Indian tribe is preempted if--

`(1) complying with a requirement of the State, political subdivision, or tribe and a requirement of this Act or a regulation prescribed under this Act is not possible; or

`(2) the requirement of the State, political subdivision, or tribe, as applied or enforced, is an obstacle to accomplishing and carrying out this Act or a regulation prescribed under this Act.

`(b) SUBJECTS EXPRESSLY PREEMPTED- Except as otherwise provided in this Act, a law, regulation, order, or other requirement of a State, political subdivision of a State, or Indian tribe about any of the following subjects, that is not substantively the same as a provision of this Act or a regulation prescribed under this Act, is preempted:

`(1) The designation, description, and classification of spent fuel or high-level radioactive waste.

`(2) The packing, repacking, handling, labeling, marking, and placarding of spent nuclear fuel or high-level radioactive waste.

`(3) The siting, design, or licensing of--

`(A) an interim storage facility;

`(B) a repository;

`(C) the capability to conduct intermodal transfer of spent nuclear fuel under section 201.

`(4) The withdrawal or transfer of the interim storage facility site, the intermodal transfer site, or the repository site to the Secretary of Energy.

`(5) The design, manufacturing, fabrication, marking, maintenance, reconditioning, repairing, or testing of packaging or a container represented, marked, certified, or sold as qualified for use in transporting or storing spent nuclear fuel or high-level radioactive waste.

`SEC. 502. 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. 503. 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. 504. 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 transshipments of spent nuclear fuel to another civilian nuclear power reactor within the same utility system, the construction of additional spent nuclear fuel pool capacity or dry storage capacity, or by other means, the Commission shall, at the request of any party, provide an opportunity for oral argument with respect to any matter which the Commission determines to be in controversy among the parties. The oral argument shall be preceded by such discovery procedures as the rules of the Commission shall provide. The Commission shall require each party, including the Commission staff, to submit in written form, at the time of the oral argument, a summary of the facts, data, and arguments upon which such party proposes to rely that are known at such time to such party. Only facts and data in the form of sworn testimony or written submission may be relied upon by the parties during oral argument. Of the materials that may be submitted by the parties during oral argument, the Commission shall only consider those facts and data that are submitted in the form of sworn testimony or written submission.

`(b) ADJUDICATORY HEARING-

`(1) DESIGNATION- At the conclusion of any oral argument under subsection (a), the Commission shall designate any disputed question of fact, together with any remaining questions of law, for resolution in an adjudicatory hearing only if it determines that--

`(A) there is a genuine and substantial dispute of fact which can only be resolved with sufficient accuracy by the introduction of evidence in an adjudicatory hearing; and

`(B) the decision of the Commission is likely to depend in whole or in part on the resolution of such dispute.

`(2) DETERMINATION- In making a determination under this subsection, the Commission--

`(A) shall designate in writing the specific facts that are in genuine and substantial dispute, the reason why the decision of the agency is likely to depend on the resolution of such facts, and the reason why an adjudicatory hearing is likely to resolve the dispute; and

`(B) shall not consider--

`(i) any issue relating to the design, construction, or operation of any civilian nuclear power reactor already licensed to operate at such site, or any civilian nuclear power reactor to which a construction permit has been granted at such site, unless the Commission determines that any such issue substantially affects the design, construction, or operation of the facility or activity for which such license application, authorization, or amendment is being considered; or

`(ii) any siting or design issue fully considered and decided by the Commission in connection with the issuance of a construction permit or operating license for a civilian nuclear power reactor at such site, unless--

`(I) such issue results from any revision of siting or design criteria by the Commission following such decision; and

`(II) the Commission determines that such issue substantially affects the design, construction, or operation of the facility or activity for which such license application, authorization, or amendment is being considered.

`(3) APPLICATION- The provisions of paragraph (2)(B) shall apply only with respect to licenses, authorizations, or amendments to licenses or authorizations, applied for under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) before December 31, 2005.

`(4) CONSTRUCTION- The provisions of this section shall not apply to the first application for a license or license amendment received by the Commission to expand onsite spent fuel storage capacity by the use of new technology not previously approved for use at any nuclear power plant by the Commission.

`(c) JUDICIAL REVIEW- No court shall hold unlawful or set aside a decision of the Commission in any proceeding described in subsection (a) because of a failure by the Commission to use a particular procedure pursuant to this section unless--

`(1) an objection to the procedure used was presented to the Commission in a timely fashion or there are extraordinary circumstances that excuse the failure to present a timely objection; and

`(2) the court finds that such failure has precluded a fair consideration and informed resolution of a significant issue of the proceeding taken as a whole.

`SEC. 505. 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. 506. FINANCIAL ARRANGEMENTS FOR LOW-LEVEL RADIOACTIVE WASTE SITE CLOSURE.

`(a) FINANCIAL ARRANGEMENTS-

`(1) STANDARDS AND INSTRUCTIONS- The Commission shall establish by rule, regulation, or order, after public notice, and in accordance with section 181 of the Atomic Energy Act of 1954 (42 U.S.C. 2231), such standards and instructions as the Commission may deem necessary or desirable to ensure in the case of each license for the disposal of low-level radioactive waste that an adequate bond, surety, or other financial arrangement (as determined by the Commission) will be provided by a licensee to permit completion of all requirements established by the Commission for the decontamination, decommissioning, site closure, and reclamation of sites, structures, and equipment used in conjunction with such low-level radioactive waste. Such financial arrangements shall be provided and approved by the Commission, or, in the case of sites within the boundaries of any agreement State under section 274 of the Atomic Energy Act of 1954 (42 U.S.C. 2021), by the appropriate State or State entity, prior to issuance of licenses for low-level radioactive waste disposal or, in the case of licenses in effect on January 7, 1983, prior to termination of such licenses.

`(2) BONDING, SURETY, OR OTHER FINANCIAL ARRANGEMENTS- If the Commission determines that any long-term maintenance or monitoring, or both, will be necessary at a site described in paragraph (1), the Commission shall ensure before termination of the license involved that the licensee has made available such bonding, surety, or other financial arrangements as may be necessary to ensure that any necessary long-term maintenance or monitoring needed for such site will be carried out by the person having title and custody for such site following license termination.

`(b) TITLE AND CUSTODY-

`(1) AUTHORITY OF SECRETARY- The Secretary shall have authority to assume title and custody of low-level radioactive waste and the land on which such waste is disposed of, upon request of the owner of such waste and land and following termination of the license issued by the Commission for such disposal, if the Commission determines that--

`(A) the requirements of the Commission for site closure, decommissioning, and decontamination have been met by the licensee involved and that such licensee is in compliance with the provisions of subsection `(a);

`(B) such title and custody will be transferred to the Secretary without cost to the Federal Government; and

`(C) Federal ownership and management of such site is necessary or desirable in order to protect the public health and safety, and the environment.

`(2) PROTECTION- If the Secretary assumes title and custody of any such waste and land under this subsection, the Secretary shall maintain such waste and land in a manner that will protect the public health and safety, and the environment.

`(c) SPECIAL SITES- If the low-level radioactive waste involved is the result of a licensed activity to recover zirconium, hafnium, and rare earths from source material, the Secretary, upon request of the owner of the site involved, shall assume title and custody of such waste and the land on which it is disposed when such site has been decontaminated and stabilized in accordance with the requirements established by the Commission and when such owner has made adequate financial arrangements approved by the Commission for the long-term maintenance and monitoring of such site.

`SEC. 507. NUCLEAR REGULATORY COMMISSION TRAINING AUTHORIZATION.

`The Commission is authorized and directed to promulgate regulations, or other appropriate regulatory guidance, for the training and qualifications of civilian nuclear 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. 508. ACCEPTANCE SCHEDULE.

`The emplacement schedule shall be implemented in accordance with the following:

`(1) PRIORITY RANKING- Acceptance priority ranking shall be determined by the Department's `Acceptance Priority Ranking' report.

`(2) ACCEPTANCE RATE- Except as provided in paragraph (5), the Secretary's acceptance rate for spent nuclear fuel shall be no less than the following: 1,200 MTU in 2003 and 1,200 MTU in 2004, 2,000 MTU in 2005 and 2,000 MTU in 2006, 2,700 MTU in 2007, and 3,000 MTU annually thereafter.

`(3) OTHER ACCEPTANCES- Subject to the conditions contained in the license for the interim storage facility, of the amounts provided for in paragraph (2) for each year, not less than one-sixth shall be--

`(A) spent nuclear fuel or civilian high-level radioactive waste of domestic origin from civilian nuclear power reactors that have permanently ceased operation on or before the date of enactment of the Nuclear Waste Policy Act of 1999;

`(B) spent nuclear fuel from foreign research reactors, as necessary to promote nonproliferation activities; and

`(C) spent nuclear fuel and high-level radioactive waste from research and atomic energy defense activities, including spent nuclear fuel from naval reactors:

Provided, however,

`(4) ADJUSTMENT- If the Secretary is unable to begin acceptance by June 30, 2003 at the rate specified in paragraph (2) or if the cumulative amount accepted in any year thereafter is less than that which would have been accepted under the rate specified in paragraph (2), the acceptance schedule shall, to the extent practicable, be adjusted upward such that within 5 years of the start of acceptance by the Secretary--

`(A) the total quantity accepted by the Secretary is consistent with the total quantity that the Secretary would have accepted if the Secretary had begun acceptance in 2003; and

`(B) thereafter the acceptance rate is equivalent to the rate that would be in place pursuant to paragraph (2) if the Secretary had commenced acceptance in 2003.

`(5) EFFECT ON SCHEDULE- The contractual acceptance schedule shall not be modified in any way as a result of the Secretary's acceptance of any material other than contract holders' spent nuclear fuel and high-level radioactive waste.

`SEC. 509. 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. 510. TRANSFER OF TITLE.

`(a) Acceptance by the Secretary of any spent nuclear fuel or high-level radioactive waste shall constitute a transfer of title to the Secretary.

`(b) No later than 6 months following the date of enactment of the Nuclear Waste Policy Act of 1999, the Secretary is authorized to accept all spent nuclear fuel withdrawn from Dairyland Power Cooperative's La Crosse Reactor and, upon acceptance, shall provide Dairyland Power Cooperative with evidence of the title transfer. Immediately upon the Secretary's acceptance of such spent nuclear fuel, the Secretary shall assume all responsibility and liability for the interim storage and permanent disposal thereof and is authorized to compensate Dairyland Power Cooperative for any costs related to operating facilities necessary for such storage from the date of acceptance until the Secretary removes the spent nuclear fuel from the La Crosse Reactor site.

`SEC. 511. SEPARABILITY.

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

`SEC. 512. 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.

`TITLE VI--NUCLEAR WASTE TECHNICAL REVIEW BOARD

`SEC. 601. DEFINITIONS.

`For purposes of this title--

`(1) CHAIRMAN- The term `Chairman' means the Chairman of the Nuclear Waste Technical Review Board.

`(2) BOARD- The term `Board' means the Nuclear Waste Technical Review Board continued under section 602.

`SEC. 602. NUCLEAR WASTE TECHNICAL REVIEW BOARD.

`(a) CONTINUATION OF NUCLEAR WASTE TECHNICAL REVIEW BOARD- The Nuclear Waste Technical Review Board, established under section 502(a) of the Nuclear Waste Policy Act of 1982 as constituted prior to the date of enactment of this Act, shall continue in effect subsequent to the date of enactment of this Act.

`(b) MEMBERS-

`(1) NUMBER- The Board shall consist of 11 members who shall be appointed by the President not later than 90 days after December 22, 1987, from among persons nominated by the National Academy of Sciences in accordance with paragraph (3).

`(2) CHAIR- The President shall designate a member of the Board to serve as Chairman.

`(3) NATIONAL ACADEMY OF SCIENCES-

`(A) NOMINATIONS- The National Academy of Sciences shall, not later than 90 days after December 22, 1987, nominate not less than 22 persons for appointment to the Board from among persons who meet the qualifications described in subparagraph (C).

`(B) VACANCIES- The National Academy of Sciences shall nominate not less than 2 persons to fill any vacancy on the Board from among persons who meet the qualifications described in subparagraph (C).

`(C) Nominees-

`(i) Each person nominated for appointment to the Board shall be--

`(I) eminent in a field of science or engineering, including environmental sciences; and

`(II) selected solely on the basis of established records of distinguished service.

`(ii) The membership of the Board shall be representatives of the broad range of scientific and engineering disciplines related to activities under this title.

`(iii) No person shall be nominated for appointment to the Board who is an employee of--

`(I) the Department of Energy;

`(II) a national laboratory under contract with the Department of Energy; or

`(III) an entity performing spent nuclear fuel or high-level radioactive waste activities under contract with the Department of Energy.

`(4) VACANCIES- Any vacancy on the Board shall be filled by the nomination and appointment process described in paragraphs (1) and (3).

`(5) TERMS- Members of the Board shall be appointed for terms of 4 years, each such term to commence 120 days after December 22, 1987, except that of the 11 members first appointed to the Board, 5 shall serve for 2 years and 6 shall serve for 4 years, to be designated by the President at the time of appointment, except that a member of the Board whose term has expired may continue to serve as a member of the Board until such member's successor has taken office.

`SEC. 603. FUNCTIONS.

`The Board shall evaluate the technical and scientific validity of activities undertaken by the Secretary after December 22, 1987, including--

`(1) site characterization activities; and

`(2) activities relating to the packaging or transportation of spent nuclear fuel or high-level radioactive waste.

`SEC. 604. INVESTIGATORY POWERS.

`(a) HEARINGS- Upon the 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 received 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. 605. 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 received travel expenses, including per diem in lieu of subsistence, in the same manner as is permitted under sections 5702 and 5703 of title 5, United States Code.

`SEC. 606. STAFF.

`(a) Clerical Staff-

`(1) AUTHORITY OF CHAIRMAN- Subject to paragraph (2), the Chairman may, 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.

`(b) PROFESSIONAL STAFF-

`(1) AUTHORITY OF CHAIRMAN- Subject to paragraphs (2) and (3), the Chairman may, subject to appropriations, appoint and fix compensation of such professional staff as may be necessary to discharge the responsibilities of the Board.

`(2) NUMBER- Not more than 10 professional staff members may be appointed under this subsection.

`(3) TITLE 5- Professional staff members may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for GS-18 of the General Schedule.

`SEC. 607. SUPPORT SERVICES.

`(a) GENERAL SERVICES- To the extent permitted by law and requested by the Chairman, the Administrator of General Services shall provide the Board with necessary administrative services, facilities, and support on a reimbursable basis.

`(b) ACCOUNTING, RESEARCH, AND TECHNOLOGY ASSESSMENT SERVICES- The Comptroller General, 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. 608. REPORT.

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

`SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

`There are authorized to be appropriated for expenditures such sums as may be necessary to carry out the provisions of this title.

`SEC. 610. TERMINATION OF THE BOARD.

`The Board shall cease to exist not later than one year after the date on which the Secretary begins disposal of spent nuclear fuel or high-level radioactive waste in the repository.

`TITLE VII--MANAGEMENT REFORM

`SEC. 701. MANAGEMENT REFORM INITIATIVES.

`(a) IN GENERAL- The Secretary is directed to take actions as necessary to improve the management of the civilian radioactive waste management program to ensure that the program is operated, to the maximum extent practical, in like manner as a private business.

`(b) SITE CHARACTERIZATION- The Secretary shall employ, on an on-going basis, integrated performance modeling to identify appropriate parameters for the remaining site characterization effort and to eliminate studies of parameters that are shown not to affect long-term performance.

`SEC. 702. REPORTING.

`(a) INITIAL REPORT- Within 180 days of the date of enactment of this Act, the Secretary shall report to Congress on its planned actions for implementing the provisions of this Act, including the development of the Integrated Waste Management System. Such report shall include--

`(1) an analysis of the Secretary's progress in meeting its statutory and contractual obligation to accept title to, possession of, and delivery of spent nuclear fuel and high-level radioactive waste beginning no later than June 30, 2003, and in accordance with the acceptable schedule;

`(2) a detailed schedule and timeline showing each action that the Secretary intends to take to meet the Secretary's obligations under this Act and the contracts;

`(3) a detailed description of the Secretary's contingency plans in the event that the Secretary is unable to meet the planned schedule and timeline; and

`(4) an analysis by the Secretary of its funding needs for fiscal years 1999 through 2004.

`(b) ANNUAL REPORTS- On each anniversary of the submittal of the report required by subsection (a), the Secretary shall make annual reports to the Congress for the purpose of updating the information contained in such report. The annual reports shall be brief and shall notify the Congress of--

`(1) any modifications to the Secretary's schedule and timeline for meeting its obligations under this Act;

`(2) the reasons for such modifications, and the status of the implementation of any of the Secretary's contingency plans; and

`(3) the Secretary's analysis of its funding needs for the ensuing 5 fiscal years.'.

SEC. 2. CONTINUATION OF CONTRACTS.

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 that the contracts have been modified by the parties to the contract.

END