ML20214H069

From kanterella
Jump to navigation Jump to search
Partially Withheld Commission Paper Recommending Publication of Proposed Rule 10CFR171, Annual Fee for Licensed Nuclear Power Reactors & Major Matls Licenses & Conforming Amend & Rept to Congress
ML20214H069
Person / Time
Issue date: 06/06/1986
From: Stello V
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
Shared Package
ML20214H074 List:
References
FOIA-86-799, TASK-RINV, TASK-SE AC30-1-30, SECY-86-173, NUDOCS 8606300465
Download: ML20214H069 (9)
v • d • e


Text

- m ;.y,,,, p -,..

. y.

. - - ~ -

.m ;.

0 t.

e f+* * *

  • y

.~,

I k...../

June 6.1986 SECY-86-173 RULEMAKING ISSUE (Notation Vote)

For:

The Comissioners From:

Victor Stello, Jr.

Executive Director for Operations y

Subject:

REPORT ON THE ASSESSMENT AND COLLECTION OF ANNUAL CHARGES

Purpose:

To respond to the requirements of Section 7601 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (P.L.99-272) which directed the Nuclear Regulatory Comis-sien (NRC) to (1) submit a report to the House Comittee on Energy and Comerce, the House Comittee on Interior and 1

Insular Affairs, and the Senate Committee on Environment and Public Works on the assessment and collection of annual charges from persons licensed by the Comission, and (2) within 45 calendar days (excluding certain days when Congress.isnotinsession)followingreceiptbyCongress of said report, assess and collect annual charges.

The amount of the charges are to be established by notice and coment rulemaking.

It is estimated that a final rule needs to be published in the Federal Register by approximately September 1, 1986, to meet the statutorily established schedule.

To propose a new rule, 10 CFR Part 171, to prescribe an annual fee to recover allowable NRC budgeted costs for reactor-related and certain materials-related regulatory services.

Category:

This paper covers a significant policy and budget matter.

Background:

At a February 19, 1986 hearing before the Senato Committee on Environment and Public Works, and in a March 12, 1986 letter from Senator Simpson, NRC was asked to submit to the Senate Subcommittee on Nuclear Regulation a comprehensive report, including Comission recommendations, on alternative approaches to funding the programs and activities of the Nuclear Regulatory Comission.

Staff views were provided to the Commission in SECY-86-102 and the report was

Contact:

R. Scroggins, RM 492-4750

~

q g c)(.33' (M ([-

]'

way, ADM f

L

'A i-The Commissioners ;

1 submitted to Senator Simpson on April 15, 1986. The re summarized (1) NRC's experience with license fees; (2) port l

relevant legal decisions on license fees; (3) recent events on the subject of user fees; (4) a limited survey of existing user fees including possible assessment of fees on NRC licensees to reimburse the Treasury for FEMA's Radio-i logical Emergency Preparedness Program; and (5) review and evaluation of user fee alternatives. The report identified four alternatives for the assessment of fees and three alternatives for use of the revenue collected. The Commission's recommendation was for the imposition of a fixed annual fee for operating power reactors, and not l

assess license fees for power reactors under the current fee schedule, nor access the Nuclear Waste Fund. The license fee program for non-power reactors and materials i

licensees would be retained under 31 U.S.C. 9701, i

i Discussion:

While NRC was finalizing the above report, Congress passed j

the Consolldated Omnibus Budget Reconciliation Act, and it was signed into law by the President on April 7, 1986, as P.L.99-272 (Enclosure 1).

Section 7601 of P.L.99-272 j

requires NRC to submit, within 90 days of its enactment, to i

the House Consnittee on Energy and Comerce and the House I

Comittee on Interior and Insular Affairs, and the Senate Comittee on Environment and Public Works, a report evaluating the feasibility and necessity of establishing a i

L system for the assessment and collection of annual charges i

i from persons licensed by the Comission pursuant to the i

Atomic Energy Act of 1954, as, amended, to fund all or part j

of the activities conducted by the Comission. The report is to include:

(1) the extent to which the Comission's existing statutory or regulatory authority to assess and i

collect annual charges, including the authority of the i

Comission to assess and collect fees pursuant to Title V of the Independent Offices Appropriation Act of 1952 (10AA),

is adequate to enable the Comission to assess and collect fees comensurate with the value of the benefit rendered to i

i the licensee and the cost to the Comission of rendering l

such benefit; (2) the amounts currently assessed and collected pursuant to existing statutory or regulatory authority)and the purposes for which such fees are collected; and (3 any i

recomendations of the Commission for expanding the existing statutory authority to assess and collect fees, including i

l the Comission's justification for such expansion.

I 1

I j

l I

i

l

.cs

.y The Comissioners -

-3..

Section 7601 also requires that, within 45 calendar days (excluding certain days when Congress is not in session) of receipt by Congress of the report, NRC shall begin to assess and collect annual charges from its licensees on a fiscal year basis, with the following two conditions:

(1)themaximumamountofthechargesassessedinany fiscal year cannot exceed an amount that, when added to other amounts collected by the Comission, is estimated to be equal to one-third of the costs incurred by the Commis-sion for that fiscal year, and (2) any charge assessed in this manner should be reasonably related to the regulatory service provided by the Comission, and fairly reflect the cost of that service. These annual charges are to be established by rule.

t e

r The Connissioners

-7.

~

m.

  1. k

=--

/

7 Vi rStello.h Executive Director for perations

Enclosures:

1.

Public Law 99-272, Section 7601 2.

Proposed Ltrs fm Chnn Palladino to Appro. Cmtes w/ Draft Rpt to Congress 3.

Proposed Rule, 10 CFR Part 171 4.

Schedule for Proposed Rulemaking, 10 CFR Part 171 In or8er to meet Congressional deadlines, Commissioners' comments

~

or consent should be provided directly to the Office of the Secretary ASAP.

Commission Staff Office cornents, if any, should also be submitted to the Commissioners ASAP, with an information copy to the Office of the Secretary.

If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.

DISTRIBUTION:

Commissioners OGC OPE OI OCA OIA OPA REGIONAL OFFICES EDO ELD ACRS ASLBP ASLAP SECY e

j f

e

. - -, - - - - _. _ -,..... -., -.. -.,,.. ~.,. -. - - _, - -., _- - -

a 4

ENCLOSURE 1

\\

Public Law 99-242, Section 7601 6 %

9 W

e e

G 4

O

Vol.132 WASHINGTON, TUESDAY, APRIL 8,1986 No. 41 Congressional Record United States of America PROCEEDINGS AND DEBATES OF THE 99# CONGRESS, SECOND SESSION S"o$$fnmo"$8 SECOND CLASS NEWSPAPER

$",tingo co u,gygg, r

OF DOCUMENTS WaWwvon, DC 30402 Mr ee

$J00 O

f

,,_.--m_-.

- -.. - - -. ~.,, -,

, _, - --,..~ -..

- - - -, -,. - ~ - - - < - - - - -, ~ - -. - - -. - -_

i April 8,1###

CON RESSIONAL REC,ORD-SENATI

~~

S3799 i

Deeartment's Uraniums Enstehment Claims Comsnissiep dechets genbered

  • suseosenvres ou secsa TT ans Tensossest 1

eram to establish a Uraniusa Entlehapen 142 and 359 andlfor Cther purposes.

Mr. THURMOND. Mr. President, servlees carporsuon un common of Those wishinS dational infarm; tion thIre WAD be a closed hearing cf the 4

  • [*" "

s) E*co on this but should corrtact Pete Taylor Subcom,mittee on Security and Terror-i f th ted 2

is to be directed by three relab Ap. or Dave Liah4srun of the committee at lamin Tuesday. April 15,1986, at 1 p.aC in room S-407, the Captiel, on I

pointees and by two Directors by the 224-228 Corporsuons owners of erred stosa On enday. AprG 22, 1908, in oversight. Chairman se win l

(which the Carpersuen authertsee to 8e Russen 388, at 10 a.m. on preside.

issue).

1

1. to extend programs under the connerras os Tus v

j 402. De plan tulede the feb auve American Programs Act of 4

Mr. THURMOND.

. Presid j

m the artteria used in furnishins through fiscal year 1990.Th there wS1 be a he of the Commit-

,,chment serv by the Enrichmeng

. ing additional information 0:Uthis bul tee on the Ju

, on Tu y,

less corpora for the five year should contact Mika of the Apra 15,1986.

10:30 a.m., u n: 8.

after whle such corporauen commit. Lee at 224-2251.

2162. Ant t Remedies prove-f a

up,rre,,,,eg,,n.,=,a ment Act.

SD-2u.

- ins 1

o-e. -

T-m..

wiu pr. side-.

,e t

,me,..e,vlee

,auen.

t nnanctns of operauo and andertaa.

Mr. ns'rm ident. I wish to sueco Tras os earners, ours, ass i

by the Entlehmen Corpora. announce Senator Maas Am.

. v-=

answs, e of the subcommittee

. THURMO

. Mr. President.

1 1

(4) protection of information on Rural elopment Oversight and ere will be a h of the Subcom-not onal Investi ons of the Committee on mittee on Pate Copyrights, and Yed gt Agriculatare. Nutrittori. and Fbrest. Trademarks Tuesday. April 18 i.

Informauen.

venuono and discoverfes.

j eervlees, a rials and egutoseent on the has geheduled a hearing to receive 1986, at 9:30 in room 8R-485 on j

tasis of very of all or part of the sosts tiscony on 8.1121 a bill to atae the the Berne onvention. Chairman Ma-1 over asonable period of time. Includine

. Orain Standards Act to urage Tutas reside.

ns for roralties. If appropriate; oreign agricultural trade improv. -

l t approach to achieve eventual comm.

Ing the quality of grain ped frein i

uon of the Enrichmnt Servlees Cor.

U

'A ORITY 70R COMMITTEES

=ad

.S. export elevator fac

. gi m In g G',h J'a=

a The hearin, war at.:30 a.iim.

T O M Es:I-usa on Thursday. April

.1986, in room susconnarrus os staarssic aus rusarsa

)

m transition from the

& of 332. Russell Sena ffice Building.

Mr. COCHRAN. Mr. President. I,as/

sectaan roaces Enerer to the Enrlehment Spr9 tees Corpo-Please contac he committee a k

ration.

I at 224-2035 or us Mattaon of Sepa unanimous consent that the Su)tsom-i es p1 e

ridumnt j

Mb tor Annasw

  • staff if further infonna* mittee on Strategic and Theater Nu-

, on.

tion la n

/

clear Forces of the Committee on f

. (9) transfer from,the Department of

]

Energy of inventories of sourse and special avseo os ress. lcm &pse,asissesB - Armed Services be author d to meet' J

nuclear unsterial la,the Earlehment Serviese wa ass assocacs coposa os during the session of Senate en corpossuon.

WALIDP. Mr.

ident. 'I Tuesday. April S. in e session, to sec. 40s. Em csassar emnces cesposa.. wo d like to anno r the infor. hold a hearing on t Department of

}

"k t/

ces Lhe E tion of the Senate d the puhuc Energy Defense Erichment serviese corporauen shan snelude hat the Subco on Pubtle The PRESID 0 OFFICER. Witl>

an of the items provided in see. 40s an Lands. Reserved

r. and Resource out objection. la ao ordered.

shau not be implemented by the seerstery Conservation of a Committee on

  • om serunes aconservios l

unts'reersanianuon plan for the Enpfeh* Energy and N Resources has potter ment services corporsuon has been spesant" niade some e see to the measures Mr. C

. Mr. President.

d Cn a '

g'*,y,'she S

'y on which t subcommittee will re-ous consent that the 8 m.

e l

ston. In computine the forty ftvWrs there, eelve testimony at its hearing sched.

mit on Defense Acquisiti Policy shan be escluded the days in h eithe uled for Priday. Apru 11.1986, at 9:30 o he Committee on Services,

l i

House is not in seassee of adjouro, a.m. la m SD-366 of the Senate

. authorized to meet d a the ses-ment for more than three darm Dirkse Office Building. Washingte sion of the Senate on esday. April 8 sec. 403. The plan shalt not he lanolennenta DC.

to hold a hearing nye testimony ed untu the plea hadVroeided befers the 8/2029 to establish the Big the *on the foDowing-lation:

C*"8"' I*' d*'*f

/

National Preserve Addition

8. 2082. Def Enterprise and Ini-j te of Florida. and for o pur>. Listive Act 1986; 8. 2151. DOD Ao.

i' NOTICEIOP HEARINO8 poses, wiu not be conside at this quisition rganization Act of 1986; smacteon'urtrus on tussan arratas hearing as previously ced and and, to the report of the Prest.

Mr. ANDREWS. Mr. Presiden I instead will be postpon be consid-dent' Blue Ribbon Commtasion on.

would like to announce for the infor. ered at a hearing tape scheduled in Detehne Management.

the near future.

e PRESIDINO OFFICER. With.

mation of the public that the,8 elect Testimony wiu De/. received on two ' ut objection. it is so ordered.

Committee on Indian Affairafwu! be maessal'es as follows: E holding the following hearings.

additional On Tuesday. Apru 15./1986* in 1946, to destenste the West Branch u

r Senate Ruseen 385. at 10/a.m on 8.

the Farmington River as a study area ADDITIONAL STATEMENTS 1988, to estat'llah a program for the for inclusion in the National WUd'and i

prevention and controf of diabetes Scenic RWers System, and for'other among Native Americans. Those wish, purpostsi and 8. 2285. to authertse the THE CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT ing additional information on this but estab11.thment of the Burr' Trail No.

1 should contact Maa Richtsman or Pa. tional Rural Scenic Roadla the State OF1HS e

1 tricta Zeu of the comaalttee at 224 of Utah. and for other purposes.

e Mr. DOMENICI. Mr. President. Fee.

)

Our Thursday. Apr0 17,1Mt. In,/eomm, previously announced, the sul>

2281.

/

As terday. Aprt! 7. President Reagan I

i ittee also wiu' receive testimony s!sned into law the Consolidated On>

i

]

Senate Dirksen 485. at 10 a.m., on 8. on S. 917. 8. lati. S.1413. H.R. 2087 nibua Budset Reconctllauon Act of l

2118 to provide for the distributton'of 8.1842,and H.M. 3558.

1985. It is now Public law No.99-211, i

funds appropriated to pay a fudgment For further'information. please con. Because there is not yet available a awarded.to the 81sseton and Wahpe. tact Patty,Rennedy of the subcommine final verston of the act I send to the desk the enroued version of the bill as.

ton Tribes of 8&ous Indians in Indian tee stalf at (202) 224-0613.

x..a-

..~.

l

~~. G..'.M l

~ ~. _ _ _ _

~

f '

~

- ~

umGRESSIONAEMCOMC$5MM W8,18#

io l

cssoo.

-(.) For me it crop.f Fiue<.ed to.

si.n int w on..s= ut a

.f.e produ.e,.o.ns..ss6ermuve mar.et.

homes, the support leve

,be SL438 per v.

lag amaaaaattaaa that aminiater the pound.

printed in une Racons.The enrolled version-of the hill fol. anossuppen prosed (4) the increased lerentories have-pro graph (B) for the(1988 and each subsequent I

a

"(SMA) Ezeept as in subpara-alsnifloant increasevla the 1 crop of any kin of tobacco (other than g.

i mia the 1

'.~ E.R.3138 duesen are required to pay to mai Fluecured and/ Burley tobacco) for which a "no not Se'll enseisd by the Semede end Mouse of tabasco prise support progress saarketing quotas are in effect er are not level *

/

ta are disapp.My producers, the su Aepresentestees of the Untied States of cost" basis;(4) such lasfeasingly larse treating s hardship estproducers;. shall be level in cents per et t

i Amersee te Osagress esssentist (7) the, of sue lasventories whleh imamediately preesding was smong yggts,,

Saceton 1. 'this Act may be etted as the poses a. threat to the fly marketing of su plus or sninus, twely, the l

asno t by which-Consolidated Osanibus Budset ReconcHim. futurwerops of

) the support level for e crop f*

-(3/inventerles of producey ammacamelana TABLE OF CONTENTS

  • seust be sientitean reduese er um tobacco h the etertainsuon raade, as i

'tlon Act of 1945"*

Tlue L Agriculture programs.

' Bricesupport win ooHapse; tertained under (b); is greater ty Credit Corporation ' erless than "tu) the support lev for the inunediate -

Title IL Aramed services and defense-related / (9) the C substantial losses on threatened preesding crop, as under su progresas.

'litle 11L Housing and aa==mity develop-sition of th inventories should the ment progressa.

go price rt program sollapse; tan (b).

u Title IV. Transportation

  • and related pro-(10) It imperauve that such in* as that dit may be adjusted y the of tobacco be disposed. under Secretary subsecuan (d) if sup-than een ei un.use u) isela,,i e <.

l Tlue V. Corporation for Publie Broadcast. the pervision of the Secretary Agricul" port k,vd

grams, en.

,o ing and Feeral Communica-

. in a manner that-tions Conuaission-A) wiu not disrupt the markeung

"(B) withstanding su (A) 1

. Title VL 3daritime coastal sone. and related new tobaccoerope; andsu (d).Ifree by the board programs.

(3) wel n inimana any to the Federal of of an associat throush which l

support for the ive kind of to-Title VIIL Outer Continental Shelf and re povernment;and h (A)is saade i

Title VIL Energy and related programs-(C) will be fair and uttable to all tobacco specified in su the Secretary snay[

l lated progmns-producers and pure))asers; allable to prod i

j Title IX. Medicare. Medicald. and Maternal (11) the mutuaV. cooperation of to reduce the support I for such kind of ScV and Child Health programs, producers, purchasers, producer becco to the es t requested by the Title X. Frtvate health insurance coverage. sectations.

Secretary of Agricult elation to securately reflect he l

J snarbet value improve the marke ity Title XL Single employer plan tertaination is necessary Insurance system amendmerita.

( A) to the inhama price rt of such Title XIL Income security and related pro-program a stable condition; and

"(7)( A) the 1987 and each cent gens-(3) prevent substantial I to tax

  • erop of ue cured and Burley for Title 111L Revenues, trade, and related pro-paye that would result from collapse which heung quotas are fract or are not pproved by producepd. the support l
  • of program..

the tobacco shau be the levd in opdte per pound at eMRS-Title XIV. Revenue sharing.

3) restoration of stabillt h a sharing of ch the launeestely preceding crop was j

Tiue XV. Civil service, postal servlee, and price support program by purchasers of poorted, plus or snipus, respectively, an govermnental affaire sorwrauy, the cost of that p ucers of tobacco is. adjustment of not less'than 66 percent nor Title XVL Xisher educauon programs, tobacco along with p Title XVIL Oraduate Medical Education necessary to prevent ue burdens or:.

more than 100 t of the total, as deter-l3 after taking into Council and technical amend obstruction of. In tate and foreisa

- snined by the i

monts to the Public Health merce in tobacco, considersuon supply of the kind of to-Servlee Act.

(13) the syste of grading tobaceo culd becco nvol rdauontodemand ofe Tlue XVIII. Small business prosmns, be thorough reviewed to that

"(1) 48.7 nt of the amount by whleh-Title XIX, Veterans' programs.

grades are spiisned to tobacco properly ag!) the etage artee reeelved b produc.

. re-Title XX. Miscellaneous --

state the ity of such ers for FAse eured and Burley auction TITLE!-AORICULTURE PROGRAMS (b)

-The of this sub. spectivy.y. on thelUnited 8 markpla. as deters 6Lned by e Seerstery.

Sverms A-Acanevarvant Fnosaats (1) eheourage coopera a among tobac* du ~ the 8 matteting y immediately title Savspes reducers, tobacco p hacers, and the p ing the marketing ar for which the eo termination is being

e. excluding the sac test. AGalCUIMa4L Pa0Ca44 $4VmCa.

of Agricultupt in reducing tobacco year in whleh the a rage price was the

-t costs. the The expendituresj and outlays resulting highest and the y which the average f

froen the provisiond of title XI (relating to/m support levels [, _E *"'i r$ s l

of tasmen to e prW wm the low in such period, is gtest.

'EllWi tIsYeEdieE'te he z gyi,, ;

'o an1 loan su orlaations under the A ul*

(3) to adjus the method by whic price I

price received by uc.

tural Cred insurance Fund) of th Food support let and production quotes are era for Flu red and Burley

. re-of 1986 (H.R. 3100,90th Con.

reflect actual mar t condi-spectively*

the United Sta auction j

Security all be counted for purpodes of de* emiculated whets.

dektmined by th

tary, lately tions; termining savinse under the pensolidated (3) facilitate the purch and sale of during e 8 marketing ye gross)

Ompfbus Budget Reconelltation Act of 1988 Flue red and Burley tobacdo presently in p the marketing prior to the inventories of producer associauons marketing year for which t determlnation ving been enacted undes'this Act, th year in which SUSTITLs B-Toeacco Feesmans t ush which producero/of Flue cured and is p6tna made, excludins highest and the urley tobacco are proyfded price support:

t e average price was 1:staovassewTs (4) to provide that purchasers and produe-ear ln which the a price was the Sec. Hel ytMolMCs AND PtaPUsesL ers of domestic tobacco share equally in the. lowest in such perfod*,aggu 33.3 percent of t (a) Finstpos.-Congress finds that-cost of maintaining the tobacco prieg su l

(1) the maintenance of a viable tobecco port program nVno net cost to the tax F*

as a cost per pournd of tobacco,in the inden of prices paid W tobacco producers from j

price support and production adjustment ers; and

/

m of January 1 to Greember 31 of the calendar i

program is in,the interests of tobacco pro.

(S) to espedite reform of the a year immedptely preceding the year in ducers, purchasers of tobacco, grading toDecco so that grades assigned to naem.

1 tobacco ore accurately reflect e qualitF which the termination is made.

ployed dfi ectly or Indirectly by

=<B)yb urposes of subparagraph ( Al-States Lobacco Ir.dustry/and the localities of sue beoes.

tec.

PaK's at Prost alML

MTe,

"(l) t average martiet price for Burley f'

those economies and tas bages are depend.

for the 1986 marketing year shall be gnt on the tobacco industry */

In Osweaas-Effecti for the 1986 to

(

reduced by 30.039 per pound:

(1) the present tobacco price support pro-d subsequent crope o tobacco, seetton f

"Hl) the averase market price for Burley gram is in jeopardy ant'in need of reform; Act of 1949 (7 (46acco for the 1984 and each prior applica.

3 under present 14a. the levels of price j 06(f) of the Agricult ded by striking out are resulted in markey UAC.1445(fu is am e marketing year shall be reduced by 60.30

[

/su(pp) ort for tobacco grices for tobacco sat are not competit paragraphs (4) and

) and inserting in lieu per pound; thereof the follom s new paragraphs:

"(111) the attrage market price for Flue.

"(4) For the 19 and 1986 crops of Burle cured tobacco for the 1986 marketing year en the aorld m et:

quantitles ov,eojeseguence, entremely arge tobacco, the opport level shall be $1988 sha!! be reduced by 40.28 per pound; (4) as a domestic tobacco ha been

/

put under Jean and placed in the leventories per pound.

Q

i

' ' April 8; 1986

~~ CONGRESSIONAL RECORD 1. '5 ENATE

' S $8h i

2315).Tp th3 gatent that it will not como TITIE.VIII-OUTER CONTINENTAIr provided abovs for Alaskar in the case 3

mise the appeals proce r the compe ' e SHELP AND RELATED PROGRAMS th1re a Federal tract lies partillly trithin g

three nautical miles of the seaward bounds-3 position of the Dep ent of Ene with SEC sect. sHORT TITtA regard to urani enrichment, e report

'Ihis title may be referred to as the ry, a percentage of bonuses, rents, royalties, j

shall identif

" Outer Continental Shelf Lands Act and other revenues (derived from any bid-

_E g

(1) the ects of the d on on-Amendments of 1985'*.

ding system authorized tmder subsection

__w (aX1)). excluding Federal income and wind-(A) e operation o le uranium ch-SEC sees NATIONAL P0t.lCY FOR THg OTTER CON-.

i m

facitttles the Dep nt of 7tsENTAL SHELF.

fall profits taxes, and. derived from ar'y

=

ergy;and '

The Outer continental Shelf Lands Act lease issued after September 18.1978 of 2

(B) the enues of the um enrich- (43 U.S.C.1331 et seq.) is amended in para-such tract equal to the percentage of sur-x ment pr and graph (4) of section 3 by deleting the word face acreage of the tract that lies within

-4 (2 ow the respo of the Department "and" at the end of subparagraph (A): delet. such three nautical miles. Except as provid-T p ergy may mi te such effects.

ing the semicolon at the end of subpars-ed in paragraph (5) of this subsection, not 2

SesTITt.:G-NUCt.EAa RecouronT graph (B) and inserttris in lieu thereof a later than the last business day of the y

Comuassion ANNUAL CHAacts period; desfrnatint subparagraph (B) as month following the month in which those 5

subparagraph (C); and inserting after sub-revenues are deposited in the Treasury, the w

gtl.AT0aY COMMISalON paragraph (A) the following new subpara-Secretary shall transmit to such coastal j

SEC feel. N graph (B):

State 27 percent of those revenues, together

.t(a) Susutsston or RtroaT.-Within 90

"(B) the distribution of a portion of the with an accrued interest thereon. The re-EH days after the date of the enactment of this receipts from the leasing of mineral re-maining balance of such revenues shall be Act, the Nuclear Regulatory Commission sources of tt'e outer Continental Shelf adja-transmitted sLmultaneously to the miscella-3 shall submit to the Committee on Eners? -cent to State lands, as provided under sec-neous receipts account of the Treasury of and Commerce and the Committee on Inte-tion 8(g), will provide affected coastal States the United States.

rior and Insular Affairs of the House of and loca11tice with funds which may be used

"(3) Whenever the Secretary or the Gov-I Representatives and the Committee on En* for the mittgstion of adverse economic and ernor of a coastal State determines that &

4 vironment and Public Worits of the Senate a environmental effects related to the devel* common potentially hydrocarbor rating 7

report evaluating the feasibility and necessi-opment of such resources; and".

ana may underlie the Federal

  • State ty of establishing a system for the assess-sEC seet aEVIslON OF sECTION sisk boundary, the Secretary or the Wvernor ment and co!!ection of annual charges from Section 8(g) of the Outer Continental shall notify the other party in writing of his persons Itcensed by the Commission pursu-Shelf Lands Act (43 U.S.C. 1337(g)) is determination and the Secretary shall pro-cat to the Atomic Energy Act of 1954 (42 amended to read as follows:

vide to the Governor notice of the current

-m U.S.C. 2011 et seq.) to fund all or part of the

"(g M1 t the tim of soliciting nomina-and projected status of the tract or tracts 1

activities conducted by the Commission pur-tions f r the leasing of lands containing containing the common potentially hydro-Y suant to such Act. Such report shall include tracts wholly or partially within three nau-carbon bearing area. !! the Secretary has an mms of-tica Int es i the seaward bondary of any leased or intends to lease such tract or

(

(1) the extent to which the Commission's to IV

'n FC FC e u ori y 1

1 the information Mou1Md by section 26 of tion of any common potentially hydrocar-a and collect fees pursuant to title V of the Independent Offices Appropriation Act of [ tat 5

"I" 5

[

1952. La adequate to enable the Commission

"(A) an identification and schedule of the e

in agnem th feasin

  • ith v ue Ite nef ed

"# "*'*h'I*" D# *d """ "D' the licensee and the cost to the Commission

"(B) at the request of the Governor of

"**#7 'o"f the tract or tracts. Any revenues i

leasing i

l cf rendering such benefit:

such State all information from all sources received by the United States under such an d"

(2) the amounts currently assessed and concerning the geographical, geological, and "I*""**

collected by the Commission pursuant to ex* ecological characteristics of such tracts;.

men s M paragra@ (2 A i

tting statutory or regulatory suthority, and "tC) an estimate of the oli and gas re-

"(4) The deposits in the Treasury account the purposes for which such fees are as-serves in the areas proposed for leasing; and described in this section shall be invested by sessed and collected; and

"(D) at the request of the Governor of

13) any recommendations of the Commis-such State, an identification of any field, ge. the Secretary of the Treasury in securities backed by the full fanh and credit of the u

sion for expanding the existing statutory clogical structure, or trap located wholly or United States having maturities suitable to t.uthority to assess and collect fees. includ-partially within three nautical miles of the the needs of the account and yielding the ing the Commission's justification for such seaward boundary of such coastal State, try gxpansion.

cluding all information relating to the highest reasonably ava11able interest rates as determined Dy the Secntary of the (b) AssassMENT AND Cot.t.tcT!oN.-

entire field. geolog1 Cal structure. or trap.

T nasury.

r (1) IN cENERAL -Upon the expiration of a The provisions of the first sentence of sul>

"(SM A) When thdre is a boundary dispute l

period of 45 calendar days (exetuding any section (c) and the provisions of subsections between the United States and a, State day in thich either Ifouse of Congnss La (eNh) of section 26 of this Act shall be ap. which la subject to an agreernent under see-j not in session because of an adjournment of plicable to the release by the Secretary of tion 7 of this Act, the Secretary shall credit g

more than 3 calendar days to a day certain any information to any coastal State under to the account established pursuant to such y

cr an adjournment sine die) following re-this paragraph. In addition, the provisions ceipt by the Congress of the report required of subsections (c) and (ebth) of section 26 agreement all bonuses. rents, and royalties.

and other revenues (derived from any bid-g pursuant to subsection (a), the Nuclear Reg

  • of this Act shall apply in their entirety to ulatory Commtssion shall assess and aollect the release by the Secretary to any coastal ding system authorized under subsection g

ennual charges from its licensees on a fiscal State of any information relating to Federal text)), excluding Federal income and wind-a year basis. except that-lands beyond three nautical miles of the fall profits taxes, and derived from any.

in lease issued af ter September 18.1978 of any g

(A) the maximum amount of the aggre-sessard boundary of such coastal State.

gate charges assessed pursuant to this para-

"(2) Notwithstanding any other provision Federal tract which lies wholly or partially g

graph in any fiscal year may not exceed an of this Act, the Secretary shall deposit into within three nautical miles of the seaward

=

tmouot that, when added to other amounts a separate account in the Treasury of the boundary asserted by the State, if that j

collected by the Commission for such fiscal United States all bonuses, rents, and royal. money has not otherwise been deposited in 3

year under other provisions of law, is esti-ties, and other revenues (derived from any such account. Proceeds of such account mated to be equal to 33 percent of the costs bidding system authorized under subsection shall be distributed as follows:

,tncurred by the Commission with respect to taMlll, excluding Federal income and wind-

"Upon the settlement of any boundary y

such flacal year; and fall ptdftts taxes, and derived from any dispute which la subject to a section 1 agree.

(B) any such charge assessed pursuant to lease issued after September 18.1978 of any ment between the United States and a this paragraph shall be reasonably related Federal tract which lies wholly for, in the State, the Secretary shall pay to such State to the regulatory service provided by the tase of Alaska, partially until seven years all moneys due such State from amounts de-Commisalon and shall f airly reflect the cost frogn the date of settlement of any bounda, posited in the escrow account. If there is in-to the Commission of providing such serv-ry dispute that is the subject of an agree-sufficient money deposited in the escrow ac.

Ice.

ment under section 1 of this Act entere'l count. the Secretary shall transmit, from (2) EsrAstasHMENT or AMOUNT sY aULE.-

lato prior to January 1,1986 or until Aprt! any revenues dertved from any lease of Fed-The amount of the charges assessed pursu. 15,199J with respect to any other tract) eral lands under this Act, the remaining bal-

~

l ant to this paragraph shall be established within three nautical miles of the seamard ance due such State in accordance with the boundary of any coastalState or.(escept as formula set forth in section 8004(bMIND) of by rule.

,,g

_j q

~

y%

7

Retrieved from "https://kanterella.com/w/index.php?title=ML20214H069&oldid=3988247"