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[Page: S499] GPO's PDF---
(Ordered to lie on the table.)
Mr. MURKOWSKI submitted an amendment intended to be proposed by him to amendment No. 2808 proposed by him to the bill, S. 1287, supra; as follows:
In lieu of the matter proposed to be inserted, insert the following:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Nuclear Waste Policy Amendments Act of 2000'.
``SEC. 2. DEFINITIONS.
``For purposes of this Act--
``(1) the term `contract holder' means a party to a contract with the Secretary of Energy for the disposal of spent nuclear fuel or high-level radioactive waste entered in pursuant to section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)); and
``(2) the terms ``Administrator'', ``civilian nuclear power reactor'', ``Commission'', ``Department'', ``disposal'', ``high-level radioactive waste'', ``Indian tribe'', ``repository'', ``reservation'', ``Secretary'', ``spent nuclear fuel'', ``State'', ``storage'', ``Waste Fund'', and ``Yucca Mountain site'' shall have the meanings given such terms in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
``TITLE I--STORAGE AND DISPOSAL
``SEC. 101. PROGRAM SCHEDULE.
``(a) IN GENERAL.-- The President, the Secretary, and the Nuclear Regulatory Commission shall carry out their duties under this Act and the Nuclear Waste Policy Act of 1982 by the earliest practicable date consistent with the public interest and applicable provisions of law.
``(b) MILESTONES.--
``(1) The Secretary shall make a final decision whether to recommend the Yucca Mountain site for development of the repository to the President by December 31, 2001;
``(2) The President shall make a final decision whether to recommend the Yucca Mountain site for development of the repository to the Congress by March 31, 2002;
``(3) The Nuclear Regulatory Commission shall make a final decision whether to authorize construction of the repository by January 31, 2006; and
``(4) As provided in subsection (c), the Secretary shall begin receiving waste at the repository site at the earliest practicable date and no later than eighteen months after receiving construction authorization from the Nuclear Regulatory Commission.
``(c) RECEIPT FACILITIES.--
``(1) As part of the submission of an application for a construction authorization pursuant to section 114(b) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(b)), the Secretary shall apply to the Commission to receive and possess spent nuclear fuel and high-level radioactive waste at surface facilities within the geologic repository operations area for the receipt, handling, packaging, and storage prior to emplacement.
``(2) As part of the issuance of the construction authorization under section 114(b) of the Nuclear Waste Policy Act of 1982, the Commission shall authorize construction of surface facilities described in subsection (c)(1) and the receipt and possession of spent nuclear fuel and high-level radioactive waste at such surface facilities within the geologic repository operations area for the purposes in subsection (c)(1), in accordance with such standards as the Commission finds are necessary to protect the public health and safety.
``SEC. 102. BACKUP STORAGE CAPACITY.
``(a) Subject to section 105(d), the Secretary shall enter into a contract under this subsection with any person generating or owning spent nuclear fuel that meets the requirements of section 135(b)(1)(A) and (B) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10155(b)(1)(A) and (B)) to--
``(1) take title at the civilian nuclear power reactor site to such amounts of spent nuclear fuel from the civilian nuclear power reactor as the Commission determines cannot be stored onsite; and
``(2) transport such spent nuclear fuel to, and store such spent nuclear fuel at, the repository site after the Commission has authorized construction of the repository without regard to the Secretary's Acceptance Priority Ranking report or Annual Capacity Report.
SEC. 103. REPOSITORY LICENSING.
(a) ADOPTION OF STANDARDS.--Notwithstanding the time schedule in section 801(a)(1) of the Energy Policy Act of 1992 (42 U.S.C. 10141 note), the Administrator shall not publish or adopt public health and safety standards for the protection of the public from releases
from radioactive materials stored or disposed of in the repository at the Yucca Mountain site--
(1) except in accordance with this section; and
(2) before June 1, 2001.
(b) CONSULTATION AND REPORTS TO CONGRESS.--
(1) Not later than 30 days after the enactment of this Act, the Administrator shall provide the Commission and the National Academy of Sciences--
(A) a detailed written comparison of the provisions of the proposed Environmental Protection Standards for Yucca Mountain , Nevada, published in the Federal Register on August 27, 1999 (64 Fed. Reg. 46,975) with the recommendations made by the National Academy of Sciences in its report, Technical Bases for Yucca Mountain Standards, pursuant to section 801(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 10141 note); and
(B) the scientific basis for the proposed rule.
(2) Not later than April 1, 2001, the Commission and the National Academy of Sciences shall, based on the proposed rule and the information provided by the Administrator under paragraph (1), each submit a report to Congress on whether the proposed rule--
(A) is consistent with section 801(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 10141 note);
(B) provide a reasonably expectation that the public health and safety and the environment will be adequately protected from the hazards posed by high-level radioactive waste and spent nuclear fuel disposed of in the repository;
(C) is based on the best reasonably obtainable scientific and technical information concerning the need for, and consequences of, the rule; and
(D) imposes the least burden, consistent with obtaining the regulatory objective of protecting the public health and safety and the environment.
(3) In the event that either the Commission or the National Academy of Sciences finds that the proposed rule does not meet one or more of the criteria listed in paragraph (2), it shall notify the Administrator not later than April 1, 2001 of its finding and the basis for such finding.
(c) APPLICATION OF CONGRESSIONAL REVIEW PROCEDURES.--Any final rule promulgated under section 801(a)(1) of the Energy Policy Act of 1992 (42 U.S.C. 10141 note) shall be treated as a major rule for purposes of chapter 8 of title 5, United States Code, and shall be subject to all the requirements and procedures pertaining to a major rule in such chapter.
``(d) CAPACITY.--Section 114(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(d)) is amended by striking `The Commission decision approving the first such application .....' through the period at the end of the sentence.
[Page: S500] GPO's PDF
``SEC. 104. NUCLEAR WASTE FEE.
The last sentence of section 302(a)(4) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)(4)) is amended to read as follows:
``The adjusted fee proposed by the Secretary shall be effective upon enactment of a joint resolution or other provision of law specifically approving the adjusted fee.''
``SEC. 105. SETTLEMENT AGREEMENTS.
``(a) IN GENERAL.--The Secretary may, upon the request of any person with whom he has entered into a contract under section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)), enter into a settlement agreement with the contract holder to--
``(1) relieve any harm caused by the Secretary's failure to meet the Department's commitment, or
``(2) settle any legal claims against the United States arising out of such failure.
``(b) TYPES OF RELIEF.--Pursuant to a settlement agreement entered into under this section, the Secretary may--
``(1) provide spent nuclear fuel storage casks to the contract holder;
``(2) compensate the contract holder for the cost of providing spent nuclear fuel storage at the contract holders' storage facility; or
``(3) provide any combination of the foregoing.
``(c) SCOPE OF RELIEF.--The Secretary's obligation to provide the relief under subsection (b) shall not exceed the Secretary's obligation to accept delivery of such spent fuel under the terms of the Secretary's contract with such contract holder under section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)), including any otherwise permissible assignment of rights.
``(d) WAIVER OF CLAIMS.--(1) The Secretary may not enter into a settlement agreement under subsection (a) or (f) or a backup contract under section 102(a) with any contract holder unless the contract holder--
``(A) notifies the Secretary within 180 days after the date of enactment of this Act of its intent to enter into a settlement negotiations, and
``(B) as part of such settlement agreement or backup contract, waives any claim for damages against the United States arising out of the Secretary's failure to begin disposing of such
person's high-level waste or spent nuclear fuel by January 31, 1998.
``(2) Nothing in this subsection shall be read to require a contract holder to waive any future claim against the United States arising out of the Secretary's failure to meet any new obligation assumed under a settlement agreement or backup storage agreement, including any obligation related to the movement of spent fuel by the Department.
``(e) SOURCE OF FUNDS.--Notwithstanding section 302(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(d)), the Secretary may not make expenditures from the Nuclear Waste Fund for any costs that may be incurred by the Secretary pursuant to a settlement agreement or backup storage contract under this Act except--
``(1) the cost of acquiring and loading spent nuclear fuel casks;
``(2) the cost of transporting spent nuclear fuel from the contract holder's site to the repository; and
``(3) any other cost incurred by the Secretary required to perform a settlement agreement or backup storage contract that would have been incurred by the Secretary under the contracts entered into under section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) notwithstanding their amendment pursuant to this Act.
``(f) REACTOR DEMONSTRATION PROGRAM.--(1) Not later than 120 days after the date of enactment of the Nuclear Waste Policy Amendments Act of 2000, and notwithstanding Section 302(a)(5) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)(5)), the Secretary is authorized to take title to the spent nuclear fuel withdrawn from the demonstration reactor remaining from the Cooperative Power Reactor Demonstration Program (Pub. L. No. 87-315, Sec. 109, 75 Stat. 679), the Dairyland Power Cooperative La Crosse Boiling Water Reactor. Immediately upon the Secretary's taking title to the Dairyland Power Cooperative La Crosse Boiling Water Reactor spent nuclear fuel, the Secretary shall assume all responsibility and liability for the interim storage and permanent disposal thereof and is authorized to compensate Dairyland Power Cooperative for any costs related to operating and maintaining facilities necessary for such storage, from the date of taking title until the Secretary removes the spent nuclear fuel from the Dairyland Power Cooperative La Crosse Boiling Water Reactor site. The Secretary's obligation to take title or compensate the holder of the Dairyland Power Cooperative La Crosse Boiling Water Reactor spent nuclear fuel under this subsection shall include all of such fuel, regardless of the delivery commitment schedule for such fuel under the Secretary's contract with the Dairyland Power Cooperative as the contract holder under Section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) or the acceptance schedule for such fuel under Section 106 of this Act.
``(2) As a condition to the Secretary's taking of title to the Dairyland Power Cooperative La Crosse Boiling Water Reactor spent nuclear fuel, the contract holder for such fuel shall enter into a settlement agreement containing a waiver of claims against the United States as provided in this section.
``(g) SAVINGS CLAUSE.--(1) Nothing in this section shall limit the Secretary's existing authority to enter into settlement agreements or address shutdown reactors and any associated public health and safety or environmental concerns that may arise.
``(2) Nothing in this Act diminishes obligations imposed upon the Federal Government by the United States District Court of Idaho in an order entered on October 17, 1995 in United States v. Batt (No. 91-0054-S-EJL). To the extent this Act imposes obligations on the Federal Government that are greater than those imposed by the court order, the provisions of this Act shall prevail.''
``SEC. 106. ACCEPTANCE SCHEDULE.
``(a) PRIORITY RANKING.--Acceptance priority ranking shall be determined by the Department's `Acceptance Priority Ranking' report.
``(b) ACCEPTANCE RATE.--As soon as practicable after construction authorization, but no later than eighteen months after the year of issuance of a licence to receive and possess spent nuclear fuel and high-level radioactive waste under section 101(c), the Secretary's total acceptance rate for all spent nuclear fuel and high-level waste shall be a rate no less than the following as measured in metric tonnes uranium (MTU), assuming that each high-level waste canister contains 0.5 MTU: 500 MTU in year 1, 700 MTU in year 2, 1300 MTU in year 3, 2100 MTU in year 4, 3100 MTU in year 5, 3300 MTU in years 6, 7, and 8, 3400 MTU in years 9 through 24, and 3900 MTU in year 25 and thereafter.
``(c) OTHER ACCEPTANCES.--Subject to the conditions contained in the license to receive and possess spent nuclear fuel and high-level radioactive waste issued under section 101(c), of the amounts provided for in paragraph (b) for each year, not less than one-sixth shall be--
``(1) spent nuclear fuel or civilian high-level radioactive waste of domestic origin from civilian nuclear power reactors that have permanently ceased operation on or before the date of enactment of the Nuclear Waste Policy Act Amendments of 2000;
``(2) spent nuclear fuel from foreign research reactors, as necessary to promote nonproliferation activities; and
(3) spent nuclear fuel and high-level radioactive waste from research and atomic energy defense activities, including spent nuclear fuel from naval reactors.
Provided, however, That the Secretary shall accept not less than 7.5 percent of the total quantity of fuel and high-level radioactive waste accepted in any year from the categories of radioactive materials described in paragraphs (2) and (3) in subsection (c). If sufficient amounts of radioactive materials are not available to utilize this allocation, the Secretary shall allocate this acceptance capacity to other contract holders.
``(4) EFFECT ON SCHEDULE.--The contractual acceptance schedule shall not be modified in any way as a result of the Secretary's acceptance of any material other than contract holders' spent nuclear fuel and high-level radioactive waste.
``(5) MULTI-YEAR SHIPPING CAMPAIGNS.--Consistent with the acceptance schedule, the Secretary shall, in conjunction with contract holders, define a specified multi-year period for each shipping campaign and establish criteria under which the Secretary could accept contract holders' cumulative allocations of spent nuclear fuel during the campaign period at one time and thereby enhance the efficiency and cost-effectiveness of spent nuclear fuel and high-level waste acceptance.
``SEC. 107. INITIAL LAND CONVEYANCES.
``(a) CONVEYANCES OF PUBLIC LANDS.--One hundred and twenty days after enactment, all right, title and interest of the United States in the property described in subsection (b), and improvements thereon, together with all necessary easements for utilities and ingress and egress to such property, including, but not limited to, the right to improve those easements, are conveyed by operation of law to the County of Nye, County of Lincoln, or the City of Caliente, Nevada, unless the county notifies the Secretary of the Interior or the head of such other appropriate agency in writing within 60 days of such date that it elects not to take title to all or any part of the property, except that any lands conveyed to the County of Nye under this subsection that are subject to a Federal grazing permit or lease or a similar federally granted permit or lease shall be conveyed between 60 and 120 days of the earliest time the Federal agency administering or granting the permit or lease would be able to legally terminate such right under the statutes and regulations existing at the date of enactment of this Act, unless Nye County and the affected holder of the permit or lease negotiate an agreement that allows for an earlier conveyance.
``(b) SPECIAL CONVEYANCES.--Subject to valid existing rights and notwithstanding any other law, the Secretary of the Interior or the head of the other appropriate agency shall convey:
``(1) To the County of Nye, Nevada, the following public lands depicted on the maps dated February 1, 2000, and on file with the Secretary:
Map 1: Proposed Pahrump Industrial Park Site
Map 2: Proposed Lathrop Wells (Gate 510) Industrial Park Site
Map 3: Pahrump Landfill Sites
Map 4: Amargosa Valley Regional Landfill Site
Map 5: Amargosa Valley Municipal Landfill Site
[Page: S501] GPO's PDF
Map 6: Beatty Landfill/Transfer station Site
Map 7: Round Mountain Landfill Site
Map 8: Tonopah Landfill Site
Map 9: Gabbs Landfill Site.
``(2) To the County of Nye, Nevada, the following public lands depicted on the maps dated February 1, 2000 and on file with the Secretary:
Map 1: Beatty
Map 2: Ione/Berlin
Map 3: Manhattan
Map 4: Round Mountain /Smoky Valley
Map 5: Tonopah
Map 6: Armargosa Valley
Map 7: Pahrump
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