Text
Dr. B:v;rly Hartlina Assist:nt Dir:ctor for ' Physical Science April 1, 1998 and Engin:: ring
. Office of Scirnco end Technology Policy 17th and Pennsylvania Avenue. N.W.
Washington, DC 20500
Dear Dr. Hartline:
i I am responding to your March 12,1998, memorandum, which asked the Interagency Steenng ;
Committee on Radiation Standards (ISCORS) to develop a St of " thorny" radiation protection l issues, and then to recommend any actions that the Offices of Management and Budget (OMB) I and Science and Technology Policy could take to facilitate the resolution ofinese issues. As we have previously discussed with Miriam Forman of your staff at the March 12,1998, ISCORS meeting, the U.S. Nuclear Regulatory Commission (NRC) staff has advised senior management l and the Commission that further staff-level activities beyond those conducted over the last !
several years are not likely to be successful because of interagency policy differences. I As we discussed in our March 17,1998, phone conversation, senior representatives of OMB, the Council on Envlronmental Quality, NRC, the U.S. Environmental Protection Agency (EPA),
and the U.S. Department of Energy recently met and discussed EPA' draft high-level waste ;
standard. The NRP Haff believes that any attempt to further define a list of thorny issues and possible actions to address these issues should await insights from the aforementioned interaction. I will contact you in mid-April to evaluate what insights have been obtained from this l interaction and what future actions might be apprnpriate. !
As you requested, NRC's comments on the Comprehensive Environmental Response, Compensation, and Liability Act and on high-level waste legislation are enclosed.
if you have any questions, please call me at (301) 415-1713.
Sincerely Originh1 Signec by ;
i Hugh L.Th^Wm" h Hugh L. Thompson, Jr.
Deputy Executive Director for Regulatory Programs
Enclosures:
As stated cc: See attached list DISTRIBUTION: LLdF- R/F I (
l Central File NMSS r/f DWM r/f CCameron HNewsome KStablein f I
PUBLIC MBell JHolonich RBangart CTrottier RJohnson /
2 MBridgers EDO r/f NMSS Dir.Off.r/f
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. Da
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i
- SEE PREVIOUS CONCURRENCE Pcth & File Name:A:\HARTLINE.LTR OP/PROOPED/RRANCH 30,1999 M-77 OFC LLDP* LLDP* NMSS* LLDP* DWM* NMSQ i / die,DR _
NA"E PSobel/cv RNelson EKraus JHickey MFederline Cl hello H1 son DATE 3/23/98 3/23/98 3/23/98 3/24/98 3/26/98 3$98 3$/98 OFFICIAL RECORD COPY 9904130075 990401 g- p /gg PDR ORG NE ED PDR . .. .
L acan
,, j k2 UNITED STATES NUCLEAR REGULATORY CC MMISSION f b WASHINGTON, D.C. 206SH001 1
i l . Dr. Beveriy Hartline Assistant Director for Physical Science L and Engineering l Office of Science and Technology Policy
.17th and Pennsylvania Avenue, N.W.
Washington, DC 20500 -
Dear Dr. Hartline:
I am responding to your . March 12,1998, memorandum, which asked the Interagency Steering Committee on Radiation Standards (ISCORS) to develop a list of "thomy" radiation protection
- issues, and then to recommend any actions that the Offices of Management and Budget (OMB)
! and Science and Technology Policy could take to facilitate the resolution of these issues. As we l have~previously discussed with Miriam Forman of your staff at the March 12,1998, ISCORS l
meeting, the U.S. Nuclear Regulatory Commission (NRC) staff has advised senior management . -!
i . and the Commission that fus1her staff-level a::tivities beyond those conducted over the last l l' several years are not likely to be successful because of interagency policy differences.
l As we discussed in our March 17,1998, phone conversation, senior representatives of OMB, ,
l - the Council on Environmental Quality, NRC, the U.S. Environmental Protection Agency (EPA), . 4
[ and the U_.S. Department of Energy recently met and discussed EPA's draft high-level waste i L standard. The NRC staff believes that any attempt to further define a list of thomy issues and i l 3 possible actions to address these issues should await insights from the aforementioned
- interaction. I wiii contact you in mid-April to evaluate what insights have been obtained from this l interaction and what future actions might be appropriate.
q As you requested, NRC's comments on the Comprehensive Environmental Response, . I Compensation,' and Liability Act and on high-level waste legislation are enclosed.
If you have any questions, please call me at J01) 415-1713.
1
. Since ely, l
Htph L. om n, f
Depu y Executi or
. INegulato ms
Enclosures:
As stated
- cc See attached list l
l l.
l 1 .-
cc: Letterdated Aoril 1.1998 Lawrence Weinstock, EPNORIA Frank Marcinowski, EPNORIA Dennis O'Connor, EP.AORIA Deborah Kopsick, EPA /ORIA l Raymond Berube, DOE
/
~ Joseph Fitzgerald, DOE Andy Wallo, DOE /EH-41 Michael SchaeNer, DOD/DSWA Adam Finkel, DOUOSilA l . Je# rey Synder, DOUOSHA Alan Roberts, DOT Rick Boyle, DOT Bruce Wachholz, HHS/NCI Art Fraas, OMB ,
Carrie Jelsma, OMB
. Miriam Forman, OSTP j
i i
I I
l l
1 l
s
Dr. Bev:rly H:rtline
~
Assist:nt Director for Physic 1 Sci:nce April 1, 1998 cnd Engineering Office of Schnee cnd Tcchnology Policy l 17th and Pennsylvania Avenue, N.W.
Washington, DC 20500
Dear Dr. Hartline:
I am responding to your March 12,1998, memorandum, which asked the Interagency Steering Committee on Radiation Standards (ISCORS) to develop a list of " thorny" radiation protection issues, and then to recommend any actions that the Offices of Management and Budget (OMB) and Science and Technology Policy could take to facilitate the resolution of these issues. As we have previously discuased with Miriam Forman of your staff at the March'12,1998, ISCORS meeting, the U.S. Nucuar tegulatory Commission (NRC) staff has advised senior management and the Commission that further staff-level activities beyond those conducted over the last several years are not likely to be successful because of interagency policy differences.
As we discussed in our March 17,1998, phone conversation, senior representatives of OMB, the Council on Environmental Quality, NRC, the U.S. Environmental Protection Agency (EPA),
and the U.S. Department of Energy recently met and discussed EPA' draft high-level waste standard. The NRC staff believes that any attempt to further define a list of thomy issues and possible actions to address these issues should await insights from the aforementior,ed interaction. I will contact you in mid-April to evaluate what insights have been obtained from this interaction and what future actions might be appropriate.
As you requested, NRC's comments on the Comprehensive Environmental Response, Compensation, and Liability Act and on high-level waste legislation are enclosed.
If you have any questions, please call me at (301) 415-1713. Copieshavebeend forOEDOandforthose Sincerely, hypbghted.Pleasemake Ongmd SW W tomaning distnbutat Hugh L. TMPm l' Hugh L. Thompson, Jr.
, g dah Deputy Executive Director for Regulatory Programs g g j Z.f /h I 1
Enclosures:
As stated cc: See attached list .
DISTRIBUTION:
Central File NMSS r/f DWM r/f CCameron HNewsome KStablein PUBLIC MBell JHolonich RBangart CTrottier RJohnson MBridgers EDO r/f NMSS Dir.Off.r/f L.L. OF #/F DwM T/F cSland
- SEE PREVIOUS CONCURRENCE Path & File Name A:\HARTLINE.LTR CP/ PROOFED / MARCH 30,1995
\ .
OFC LLDP* LLDP* NMSS* LLDP* 'DWM* NNISQ h DEDR l NAME PSobel/cv RNelson EKraus JHickey MFederline CPhello Hb son DATE 3/23/98 3/23/98 3/23/98 3/24/98 3/26/98 3/$98 3/)/98 OFFICIAL RECORD COPY
I l . , . Bevrrly Hartline j Aasistrnt Dircctor for Physic 1 Sci:nce
, and Engineering Office of Science and Technology Policy 17th and Pennsylvania Avenue, N.W. -
Washington, DC 20500
Dear Dr. Hartline:
j/
I am responding to your March 12,1998, memorandum, which asked the Interagency Steering Committee on Radiation Standards (ISCORS) to develop a list of "thomy" radiation protection l issues, and then to recommend any actions that the Offices of Management ard Budget (OMB) and Science and Technology Policy could take to facilitate the resolution of ese issues. As we have previously discussed with Miriam Forman of your staff at the Mar 12,1998, ISCORS meeting, the U.S. Nuclear Regulatory Commission staff has advised se or management and l
the Commission that further staff-level activities beyond those conduc d over the last several years are not likely to be successful because of interagency policy erences.
As we discussed in our March 17,1998, phone conversation, s ior representatives of OMB, the Council on Environmental Quality, NRC, the U.S. Environ ental Protection Agency, and the U.S. Department of Energy recently met and discussed EP dra t high-level waste standard.
l The NRC staff belie . that any attempt to further define list of thorny issues and possible actions to address these issues should await insights fr the aforementioned interaction. I will contact you in mid-April to evaluate what insights hav been obtained from this interaction and what future actions might be appropriate.
l As you requested, NRC's comments on the Co .prehensive Environmental Response, Compensation, and Liability Act are enclosed s well as copies of high-level waste legislation passed by the House and Senate.
l If you have any questions, please call at (301) 415-1713.
Sincerely, i
Hugh L. Thompson, Jr.
Deputy Executive Director for Regulatory Programs
Enclosures:
As stated ,
cc: See attached list i
DISTRIBUTION: Central Fil NMSS r/f DWM r/f CCameron HNewsome KStablein PUBLIC MBell JHolonich RBangart CTrottier RJohnson PTrossier DEDR r/f l / *SEE PREVIOUS CONCURRENCE ,
P:th & File Name:S:\DWNI\LLDP\ PAS \HARTLINE.LTR OFC LLDP* [ LLDP* NMSS* ulDP DWM NMSS DEDR l NACE PSol I/cv RNelson EKraus JHickey MFederline CPaperiello HThompson DATE 3[23/98 3/23/98 3/23/98 3/ 19 8 3W/98 3/ /98 3/ /98 OFFICIAL RECORD COPY LSS: YES X NO ,
ACNW: YES NO X IG: YES NO _X_ Delete file after distribution YES __ NO_X_
F Dr. Bev:rly Hrrtline Assistant Dircctor for Physical Sci:nce j and Engineering
' ]
Office of Science and Technology Policy j 17th and Pennsylvania Avenue, N.W.
Washington, DC 20500 l
Dear Dr. Hartline:
I am responding to your March 12,1998, memorandum, which asked the inte gency Steering Committee on Radiation Standards (ISCORS) to develop a list of " thorny" r iation protection
. issues, and then to recommend any actions that the Offices of Manage nt and Budget (OMB) and Science and Technology Policy could take to facilitate the resolu ' n of these issues. As l we have previously discussed with Miriam Forman of your staff at e March 12,1998, ISCORS meeting, the U.S. Nuclear Regulatory Commission (NRC) staff s advised senior management and the Commission that further staff-level activities beyond ose conducted over the last l
several years are not likely to be successful because of int agency policy differences. l
- As we discussed in our March 17,1998, phone conve ation, senior representatives of OMB, ;
the Council on Environmental Quality, NRC, the U. . Environmental Protection Agency (EPA),
and the U.S. Department of Energy recently met d discussed EPA' draft high-level waste !
- standard. The NRC staff believes that any attempt to further define a list of thorny issues and l possible actions to address these issues shodd await insights from the aforementioned i
interaction. I will contact you in mid-April t/ evaluate what insights have been obtained from j this interaction and what future actions . ght be appropriate.
As you requested, NRC's comment n the Comprehensive Environmental Response, I Compensation, and Liability Act a on high-level waste legislation are enclosed.
if you have any questions, ple /
e call me at (301) 415-1713. )
Sincerely, Hugh L, Thompson, Jr.
Deputy Executive Director for Regulatory Programs l
Enclosures:
A stated cc: See att hed list DISTRIBUTION C ntral File NMSS r/f DWM r/f CCameron HNewsome KStablein PUBLIC MBell olonich RBangart CTrottier RJohnson PTrossier EDO r/f NMSS Dir .r/f 9
- SEE PREVIOUS CONCURRENCE Pcth & File ame:A:\HARTLINE.LTR _ _ _
OFC / LLDP* LLDP* NMSS* LLDP* DWM NMSS DEDR NAC PSobel/cv RNelson EKraus JHickey MFederline CPaperiello HThompson !
DATE 3/23/98 3/23/98 3/23/98 3/24/98 3f /98 3/ /98 3/ /98 l OFFICIAL RECORD COPY LSS: YES_X_ NO ACNW: YES NO _X_
IG: YES__. NO _X_ Delete file after distribution YES NO X
Dr. Bev:rly H2rtlins Assist!nt Director for Physical Sci nca l gnd Engineering Office of Science and Technology Policy l 17th and Pennsylvania Avenue, N.W.
Washington, DC 20500
Dear Dr. Hartline:
I am responding to your March 12,1998, memorandum, which asked the Interagency Sje6 ring Committee on Radiation Standards (ISCORS) to develop a list of " thorny" radiation pjetection issues, and then to recommend any actions that the Offices of Management and dget (OMB) and Science and Technology Policy could take to facilitate the resolution of the issues. As we have previously discussed with Miriam Forman of your staff at the Marc ,1998, ISCORS meeting, the U.S. Nuclear Regulatory Commission staff has advised seni management and the Commission that further staff-level activities beyond those conduct over the last several years are not likely to be successful because of interagency policy d' erences.
As we discussed in our March 17,1998, phone conversation, s ior representatives of OMB, j the Council on Environmental Quality, NRC, the U.S. Enviro ental Protection Agency, and the l U.S. Department of Energy recently rr.et and discussed EP ' draft high-level waste standard. :
The NRC staff believes that any attempt to further defin a list of thorny issues and possible actions to address these issues should await insights) rom the aforementioned interaction. I will contact you in mid-April to evaluate what insights hpe been obtained from this interaction and what future actions might be appropriate.
As you requested, NRC's comments on the mprehensive Environmental Response, Compensation, and Liability Act and on hig evel waste legislation are enclosed.
If you have any questions, please call at (301) 415-1713. l j
/ Sincerely, i
j I
i Hugh L. Thompson, Jr.
Deputy Executive Director for Regulatory Programs ,
Enclosures:
As stated )
J cc: See attached list j DISTRIBUTION Central File NMSS r/f DWM r/f CCameron HNewsome KStablein PUBLIC 1 MBell. JHolonich RBangart CTrottier RJohnson PTrossier DEDR r/f l
- SEE PREVIOUS CONCURRENCE ;
Path & File Name:S:\DWM DP\ PAS \HARTLINE.LTR OFC LtOP* . [ LLDP* NMSS* LLk b DWM NMSS DEDR NACE PSotbl/cf RNelson EKraus Jkkey MNerline CPaperiello HThompson ,
DATE 3/23/#b 3/23/98 3/23/98 3N/98 3/M8 3/ /98 3/ /98 OFFICIAL RECORD COPY LSS: YES _ NO ACNW: YE _ NO _X_
IG: S ,._ NO _X_ Delete file after distribution YES NO X l
, Dr. D:,v:rly Hartlina Assistrnt Dir:ctor for Physical Sci:nce 1 end Engineering i Office of Science and Technology Policy l
17th & Pennsylvania Avenue, N.W.
J Washington, DC 20500
]
Dear Dr. Hartline l
l am responding to your March 12,1998, memorandum. I have reviewed your r uest, to the
[ i Interagency Steering Committee on Radiation Standards (ISCORS), to devel a list of " thorny" radiation protection issues, and then to recommend any' actions that the Off s of Management l and Budget (OMB) and Science and Technology Policy could take to faci ~ ate the resolution of these issues. As we have previously discussed with Miriam Forman.of our staff,at the March 12,1998, ISCORS meeting, the U.S. Nuclear Regulatory Cp ission (NRC) has advised senior management and the Commission that further staff vel activities beyond those i conducted over the last several years are not likely to be succes ul because of interagency l philosophical and policy differences.
As we discussed in our March 17,1998, phone conversat' n, OMB, the Council on i Environmental Quality, and the heads of NRC, the U.S. nvironmental Protection Agency, and the U.S. Department of Energy recently met and disc sed the high-level waste standard. We believe that any attempt to further define the list of orny issues and possible actions to ,
address these issues should await insights from t aforementioned interaction. I will contact you in mid-April to evaluate what insights have en obtained from this interaction and what future actions might be appropriate.
As you requested, NRC's comments on t Comprehensive Environmental Response, Compensation and Liability Act and on h-level waste legislation are enclosed.
Call me, at (301) 415-1713, if you h e any questions.
i Sincerely, l
l Hugh L. Thompson, Jr.
Deputy Executive Director for Regulatory Programs
Enclosures:
As stated l
cc: See attached li DISTRIBUTION: Ce/ntral F' e NMSS r/f DWM r/f CCameron HNewsome KStablein PUBLIC MBell oloni RBangart CTrottier RJohnson PTrossler DEDR r/f
- SEE PREVIOUS CONCURRENCE Pcth & File Na :S:\D \LLDP\ PAS \HARTLINE.LTR g - = - -
i l OFC L[DP* /, , LLDP* NMSS* LLDP DWM NMSS DEDR l l NACE 'PSo b RNelson EKraus JHickey MFederline CPaperiello HThompson 4 DATE ff23/98 3/23/98 3/23/98 3/ /98 3/ /98 3/ /98 3/ /98 I / OFFICIAL RECORD COPY !
LSS: YES X NO l
ACNW: YES NO X
! IG: YES _ NO _X_ Delete fde after distribution YES NO X !
i
Dr. Bev::rly Hirtlins Assistrnt Dir:ctor for Physical Sci:nco I and Engineering Office of Science and Technology Policy 17th & Pennsylvania Avenue, N.W.
Washington, DC 20500
Dear Dr. Hartline:
I am responding to your March 12,1998, memorandum. I have reviewed our request, to tho' interagency Steering Committee on Radiation Standards (ISCORS), to evelop a list of " thorny" radiation protection issues, and then to recommend any actions that e Offices of Management and Budget (OMB) and Science and Technology Policy could take facilitate the resolution of these issues. As we have previously discussed with Miriam For an, of your staff, at the M[
12,1998, ISCORS meeting, the U.S. Nuclear Regulatory Co ission (N,RC) has advised senior management and the Commission that further staff-le el activities beyond those conducted over the last several years are not likely to be ccessfulbecause ofinteragency philosophical and policy differences.
As we discussed in our March 17,1998, phone con rsation/
, OMB, the Council on Environmental Quality, and the heads of NRC, tha .S. Etivironmental Protection Agency, and the U.S. Departmer' ..' Energy recently met an iscus' sed the high-level waste standard. We believe that any attempt to further define the li of)tforny issues and possible actions to address these issues should await insights f m the aforementioned interaction. I will contact you in mid-April to evaluate what insights ve been obtained from this interaction and what future actions might be appropriate. /
/
As you requested, NRC's comments n the Comprehensive Environmental Response, i Compensation and Liability Act (En osure 1) and on high-level waste legislation that have been approved by the House and Sen (Enclosure 2) are attached.
Call me, at (301) 415-1713, have anyif oquestions.
/
l Sincerely,
- Hugh L. Thompson, Jr.
L Deputy Executive Director for Regulatory Programs l
Enclosures:
As at d i
cc: See atta ed st i 1
l DISTRIBUTION C tral ile NMSS r/f DWM r/f CCameron HNewsome KStablein l PUBLICMBell olon' RBangart CTrottier RJohnson PTrossier DEDR r/f l Path & File Na e:S:\D \LLDP\ PAS \HARTLINE.LTR OFC [LDP [ LLD@ h p'-
NMSS LLDP DWM NMSS DEDR A ainns..r NAME,j PSobefevAg. RNe son EKraus JHickey MFederline CPaperiello - HThompson DAT[ 38b8 3h98 3/ /98 3/ /98 3/ /98 3/ /98 3/ /98 OFFICIAL RECORD COPY !
LSS: YES X NO I ACNW- YES NO X j IG: YES NO X Delete file after distribution YES NO_X_
l I
11 Calendar No. 312 105T11 CONGItESS 1 2D SESSION
, , {
's. .
PElmrAln- 23,1998
. . v x. . . . a. ... Iteceival; read twice and plaeni on the calendar
To amend the Nuclear Waste Policy Act of 1982.
1 Be it enacted by the Senate and House of Reptrsenta-2 ti;es of the United States ofAmerica in Congrrss assembled, t
6 fdV stWe'; .. E' I
e de64t%CC?%dCTZef I
2 1 SECTION 1. AMENDMENT OF NUCLEAR WASTE POLICY ACT e s ., s I
2 OF 1982.
3 The Nuclear Waste Policy Act of 1982 is amended i 4 to read as follows:
1 5 4,ECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
6 "(a) SnOnT TITLE.-This Act may be cited as the -
7 ' Nuclear Waste Policy Act of 1997'. i: .;.. -
8 "(b) TABLE OF CONTENTS.-- \
\
"Sec.1. Short title and table of contents. ,
i "Sec. 2. Definitions.
."Sec. 3. Findings and purposes.
" TITLE I-OBLIGATIONS "Sec.101. Obligations of the Secretary of Energy. p
" TITLE Il-INTEGRATED 3IANAGE3!ENT SYSTE)!
"Sec. 201. Intermodal transfer.
"S e. 202. Transimrtation planning.
"Sec. 203. Transportation rmuirements.
"Sec. 204. Interirn storage.
- %e. 205. l'ermanent disposal.
"Sec. 206. Land withdrawal. .3 "Sec. 207. Applicability. l
" TITLE III-LOCAL RELATIONS "Sec. 301. On-site reprnentative.
"Sec. 302. Benefits agreements. ..
"&c. 303. Content of agreernents.
"Sec. 304. Acceptance of benefits.
"Sec.' 305. Restriction on use of funds.
"Sec. 306. Initial land conveyances.
"Sec. 307. Payments equal to taxes.
" TITLE IV-FUNDING AND ORGANIZATION "Sec. 401. Program funding.
"Sec. 402. Office of Civilian Radioactive Waste Slanagement.
"Sec. 403. Defense contribution.
" TITLE V-GENERAL AND 311SCELLANEOUS : n u Sl' 18 "Sec. 501. Compliance with other laws.
"Sec. 502. Water rights.
"Sec. 503. Judicial rniew of agene.s actions.
"Sec. 504. Licensing of facility expanshms and transshipments.
HR 1270 PCS
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3 "Sec. 505. Siting a strond repository.
. "Sec. 506. Financial arrangements for low-level radioactive waste site closure.
"Sec. 507. Nuclear Regulatory Corninission training authorization.
. "Sec. 508. Acceptance schedule.
"Sec. 509. Subseabed or ocean water disposal.
"Sec. 510. Separabilit/.
"Sec. 511. Purchase of American-made equipment and products.
" TITLE VI--NL* CLEAR WASTE TECl!NICAL ltEVIEW BOARD "Sec. 601. Definitions.
. "Sec. 602. Nuclete Waste Technical Review Boant.
"Sec. 603. I%netions.
"Sec. 604. Investigatory pow. rs.
"Sec. 605. Compensation of members.
,_ , ,. .a,.;.4, '
"Sec. 606. Staff.
"Sec. 607. Support senices.
3" "Sec. 608. Report.
"Sn. 009. Authorization of appropriations.*
"Sec. 610. Terrnination of the board.
" TITLE VII-31ANAGEMENT REPOIO!
"Sec. 701. Management reform initiatives.
"Sec. 702. Iteporting.
I "SEC. 2. DEFINITIONS.
2 "For purposes of this Act:
3 "(1) ACCEPT, ACCEPTANCE.-The terms 'ac-4 cept' and 'acceptaiEe' mean the Secretary's act of
. 5 taking possession of spent nuclear fuel or high-level 6 radioactive waste.
- s. s., % .y 7 "(2) ACCEPTANCE SCIIEDULE.-The term 'ac-8 ceptance schedule' means the schedule established in 9 section 508 for acceptance of spent nuclear fuel and 10 high-level radioactive waste.
I1 "(3) AFFECTED INDIAN TRIBE.-The term 'af-12 fected Indian tribe' means an Indian tribe whose ownm.x 13 reservation is surrounded by or borders on an af-14 fected unit of local government, or whose federally HR 1270 PCS
4 1 defined possessory or usage rights to other lands y.4 ,,. ~~ ,.
2 outside of the border of the Indian tribe's reserva-3 tion arising out of congressionally ratified treaties 4 may be affected by the locating of an interim storage 5 facility or repository, if the Secretary finds, upon pe-6 tition of the appropriate government officials of the
\
Indian tribe, that such affects are both substantial w' - -
7 8 and adverse to the Indian tribe.
9 "(4) AFFECTED U.N .T OF IXX'AL GOVEllN-10~ 3 TENT.-The term 'affected unit of local government' 11 means the unit of local government with jurisdiction 12 over the site of a repository or interim storage facil- ,
13 ity. Such term may, at the discretion of the Sec- ,
14 retary, include other units of local government that 15 are contiguous with such unit.,j 3
16 "(5) ATO311e ENEltGY DEFENSE ACTIVITY.-
17 The term ' atomic energy defense activity' means any 18 activity of the Secretary performed in whole or in 19 part in carrying out any of the following functio ~ns:
20 (A) Naval reactors development.
21 "(B) Weapons activities including defense 22 inertial confinement fusion. -w.
23 "(C) Verification and control technology. ,. ,
24 "(D) Defense nuclear materials produc-25 tion.
HR 1710 PCS
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1 "(E) Defense nuclear waste and materials 2 byproducts management.
3 "(F) Defense nuclear materials security
- 4. and safeguards and security investigations.
5- "(G) Defense research and development.
~
6 "(H) Nuclear nonproliferation.
7 "(6) CIVILIAN NL' CLEAR POWER REACTOR.-
- o. - ~ 8 The term ' civilian nuclear power reactor' means a ci-9 vilian nuclear power plant required to be licensad 10 under section 103 or 104 b. of the Atomic Energy 11 Act of 1954 (42 U.S.C. 2133,2134(b)).
12 "(7) CO.TI.Titss10N.-The term ' Commission' 13 means the Nuclear Regulatory Commission.
14 "(8) DEPART 31ENT.-The term .' Department' 15 means the Department of Energy.
16 "(9) DISPOSAL.-The term ' disposal' means the 17 einplacement in a repository of spent nuclear fuel, 18 high-level radioactive waste, or other highly radio-o-..s,.,.",'" 19 active material with no foreseeable intent of recov-20 ery, whether or not such emplacement permits mcov-21 ery of such material for any future purpose.
22 "(10) DISPOSAL SYSTE)!.-The term ' disposal 23 system' means all natural u..riers and engineered 24 barriers, and engineered systems and components, HR 1270 PCS
6 -
)
1 that prevent the release of radionuclides from the re- , ,, , , ,,
2 pository.
3 "(11) ENGINEERED BARRIERS.-The terms 'en-4 gineered barriers' and ' engineered systems and com- .
5 ponents,' mean man made components of a disposal 6 system. Such terms include the spent nuclear fuel or 7 high-level radioactive waste form, spent nuclear fuel 8 package or high-level radioactive waste package, and 9 other materials placed over and arotInd such pack-Ib ages.
II "(12) HIGH-LEVEL RADIOACTIVE WASTE.-The 12 term 'high-level radioactive waste' means-13 "(A) the highly radioactive material result-14 ing from the reprocessing in the United States 15 of spent nuclear fuel, including liquid waste 16 produced directly 'in reprocessing and any solid .
ii material derived from such liquid waste that
~
18 contains fission products in sufficient con-19 centrations; 20 "(B) the highly radioactiva material result-21 ing from atomic energy defense activities; and-s..
22 "(C) any other highly ladioacth*e material 23 that the Commission, consistent with existing -
24 law, determines by rule requires permanent iso-25 lation. .
HR 1970 PCS
I p
1
! 7 i
l 1 "(13) FEDEllAL AGENCY.-The term ' Federal 2 agency' means any Executive agency, as defined in 3 section 105 of title 5, United States Code.
4 "(14) INDIAN TIllllE.-The term ' Indian tribe' 5 means any indian tribe, hand, nation, or other orga-
^
l 6 nized group or community of Indians recognized as L
7 eligible for the services provided to Indiar.; by the q l 8 Secretary of the Interior because of their status as 9 Indians including any Alaska Native village, as de-
~
i 10 fined in section 3(c) of the Alaska Native Claims 11 Settlement Act (43 U.S.C.1602(c)).
l 12 "(15) INTEGItATED 31ANAGE31ENT SYSTE31.-
13 The term ' integrated management system' means 14 the system developed by the Secretary for the ac-15 ceptance, transportation, storage, and disposal of 16 spent nuclear fdel and high-level radioactive waste. !
^
17 "(16) INTEltI31 STOllAGE FACILITY.-The term
~
18 ' interim storage facility' means a facility designed
[""'"-" 19 and constructed for the receipt, handling, possession, 20 safeguarding, and storage of spent nuclear fuel and 21 high-level radioactive waste in anordance with title 22 II of this Act.
23 "(17) INTEITI3I STOllAGE FACILITY SITE.-The l
., ,s..,,,.
24 term ' interim storage facility site' means the specific j 25 site within Area 25 of the Nevada Test Site that is I
/ HR 1270 PCS L
T 8
1 designated by the Secretary and withdrawn and re- n , .,. . .
2 served in accordance with this Act for the location 3 of the interim storage facility.
4 "(18) LOW-LEVEL RADIOACTIVE WASTE.-The .
5 term ' low-level radioactive waste' means radioactive 6 material that-
"~~
7 "(A) is not spent nuclear fuel, high-level 8 radioactive waste, transuranic waste, or byprod-9 uct material as defined in section 11 e.(2) of 10' the Atomic Energy Act of 1954 (42 U.S.C.
I1 2014(e)(2)); and 12 "(B) the Commission, consistent with ex-13 isting law, classifies- as low-level radioactive 14 waste.
15 "(19) METHIC. TONS U,RANIl31.-The terms 16 ' metric tons uranium' and 'MTU' mean the amount 17 of uranium in the original unirradiated fuel el~ ent -e, whether or not the spent nuclear fuel has been re-18 19 processed.
20 "(20) NUCLEAR WASTE FUND.-The term 'Nu-21 clear Waste Fund' means the nuclear waste fund es-
- 22. tablished in the United States Treasury prior to the 23 date of enactment of this Act under section 302(c) - , .
l 24 of the Nuclear Waste Policy Act of 1982.
/
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I "(21) OFFICE.-The term ' Office' means the i
2 Office of Civilian Radioactive Waste Management es-3- tablished within the Department prior to the date of l 4 enactment of this Act under the provisions of the l 2 i 5 Nuclear Waste Policy Act of 1982.
6 "(22) PACKAGE.-The term ' package' means s
7 the primary container that holds, and is in direct l 8 contact with, solidified high-level radioactive waste, 9 spent nuclear fuel, or other radioactive materials
~
10 and any overpack that are emplaced at a repository.
l I1 "(23) PitOGItA31 APPitOACII.-The term ' pro-12 gram approach' means the Civilian Radioactive 13 Waste Management Program Plan, dated May 1996, l 14 as modified by this Act, and as amended from time l 15 to time by the Secretary in accordance with this Act.
l 16 "(24) REPUSITOltY.-The term ' repository' 1
17 means a system designed and constructed under title II of this Act for the permanent geologic disposal of 18
- -. + -. .
19 spent nuclear fuel and high-level radioactive waste, 20 including both surface and subsurface areas at 21 which spent nuclear fuel and high-level radioactive j i
- 22 waste receipt, handling, possession, safeguarding, !
23 and storge are conducted. l 24 "(25) SECllETAllY.-The term ' Secretary' 25 means the Secretary of Energy.
HR 1270 PCS-- 2 i
10 1 "(26) SITE CHAIMCTERIZATION.-The term 2 - . , . .
2 ' site characterization' means activities, whether in a 3 laboratory or in the field, undertaken to establish 4 the geologic condition and the ranges of the param- .
5 eters of a candidate site relevant to the location of 6 a repository, including borings, surface excavations,
7 excavations of exploratory facilities, limited sub-8 surface lateral excavations and borings, and in situ 9- testing needed to evaluate the licensability of a can-
- 10' didate site for the location of a repository, but not 11 including preliminary borings and geophysical test-12 ing needed to assess whether site characterization 13 should be undertaken.
14 "(27) SPENT NUCLEAR FUEL.-The term 15 ' spent nuclear fuel' means fue,1, other than foreign 16 spent nuclear fuel as defined'in section 131 f.(4) of , ,
17 .he Atomic Energy Act of. 1954 (42 U.S.C.
18 2160(f)(4)), that has been withdrawn from a nuclear 19 reactor following irradiation, the constituent ele-20 ments of which have not been separated by reproc-21 essing.
22 "(28) SToluos.-The term ' storage' means re-23 tention of spent nuclear fuel or high-level radioactive , ,
24- waste with the intent to recover such waste or fuel 25 for subsequent use, processing, or disposal.
na m0 PCS
/
[
11 1 "(29) WITilDRAWAL.-The term .' withdrawal' 2 has the same definition as that set forth in the Fed-3 eral Land Policy and Management Act (43 U.S.C.
4 1702 et seq.).
5 "(30) YUCCA MOUNTAIX SITE.-The term 6 ' Yucca Mountain site' means the area in the State 7 of Nevada that is withdrawn and reserved in accord-8 ance with this Act for the location of a repository.
9 "SEC. 3. FINDINGS AND PURPOSES.
~
10 "(a) FIxnixos.-The Congress finds that-11 "(1) while spent nuclear fuel can be safely 12 stored at reactor, sites, the expeditious movement to 13 and storage of such spent nuclear fuel at a central-14 ized Federal facility will enhance the Nation's emi-15 ronmental protection; 16 "(2) while tfie Federal Government has the re- l 17 sponsibility to provide for the centralized interim 18 storage and permanent disposal of spent nuclear fuel 19 and high-level radioactive waste to protect the public l l
20 health and safety and the environment, the costs of 21 such storage and disposal should be the responsibil-22 ity of the generators and owners of such waste and 23 fuel, including the Federal Government;
. .v,....es ,
24 "'3) in the interests of protecting the public
~
25 health and safety, enhancing the Nation's environ-HR 1370 PCS
12 1 mental protection, promoting the Nation's energy se- n.. a , . .
2 curity, and ensuring the Secretary's ability to com-3 mence acceptance of spent nuclear fuel and high-4 level radioactive waste no later than January 31, 5 2002, it is necessary for Congress to authorize the 6 interim storage facility;
" ' ' ' ' ~ " '
7 "(4) deficit-control measures designed to limit 8 appropriation of general revenues have limited the 9 availability of the Nuclear Waste Fdnd for its in-10' tended purposes; and I1 "(5) the Federal Government has the respon-12 sibility to provide for the permanent disposal of ,
13 waste generated from United States atomic energy 14 defense actisities.
15 "(b) PUltPOSES.-The purposes of this Act are 16 "(1) to direct the Secretary to develop an inte- ,
17 grated management system in accordance with this 18 Act so that the Department can accept spent nuclear 19 fuel or high-level radioactive waste for interim stor-20 age commencing no later than January 31, 2002, 21 and for permanent dispoaal at a repository com-22 mencing no later than January 17, 2010; 23 "(2) to provide for the siting, construction, and ,
24 operation of a repository for permanent geologic dis-25 posal of spent nuclear fuel and high-level radioactive HR 1270 PCS
I 13 1 waste in order to adequately protect the public and 2 the environment; 3 "(3) to take those actions necessary to ensure 4 that the consumers of nuclear energy, who are fund-5 ing the Secretary's activities under this Act, receive 6 the services to which they are entitled and realize 7 the benefits of enhanced protection of public health 8 and safety, and the environment, that will ensue 9 from the Secretary's comi>liance with the obligations
~
10 imposed by this Act; and 11 "(4) to provide a schedule and process for the 12 expeditious and safe development and commence-13 ment of operation of an integrated management sys-14 tem and any necessary modo 4 as to the trans-15 portation infrastructure to en.w 6at the Secretary 16 can commence acceptance of spent nuclear fuel and 17 high-level radioactive waste no later than January 18 31,2002.
~"
19 " TITLE I-OBLIGATIONS 20 "SEC.101. OBLIGATIONS OF THE SECRETARY OF ENERGY.
21 "(a) DISPOSAL.-The Secretary shall develop and op-22 erate a repository for the permanent geologic disposal of 23 spent nuclear fuel and high-level radioactive waste.
... , ,,, m 24 "(b) ACCEPTANCE.-The Secretary shall accept spent 25 nuclear fuel and high-level radioactive waste for storage HR 1270 PCS
14 1 at the interim storage facility pursuant to section 204 in ,,,
2 accordance with the acceptance schedule, beginning not 3 later than January 31,2002.
4 "(c) TRANSPORTATION.-The Secretary shall provide 5 for the transportation of spent nuclear fuel and high-level 6 radioactive waste accepted by the Secretary.
"^
7 "(d) INTEGRATED MANAGEMENT SYSTEM.-The 8 Secrctary shall expeditiously pursue the development of 9 each component of the integrated manag'ement system, 10' and in so doing shall seek to utilize effective private sector 11 management and contracting practices.
12 " TITLE II-INTEGRATED 13 MANAGEMENT SYSTEM i 14 "SEC. 201. INTERMODAL TRANSFER.
l 15 "(a) TRANSPORTATION.-The. Secretary shall utilize 16 heavy-haul truck transport to move spent nuclear fuel and 17 high-level radioactive waste from the mainline rail line at 18 Caliente, Nevada, to the interim storage facility site. If 19 direct rail access becomes available to the interim storage 1 20 facility site, the Secretary may use rail transportation to 21 meet the requirements of this title.
22 "(b) CAPABILITY DATE.-The Secretary shall de- ' 3, 23 velop the capability to commence rail to truck intermodal ,
24 transfer at Caliente, Nevada, no later than January 31, 25 2002. .
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c .-
15 1 "(c) AcQrismoxs.-The Secretary shall acquire 2 lands and rights-of-way necessary to commence intermodal 3 transfer at Caliente, Nevada.
4 "(d) REPLACEMENTS.-The Secretary shall acquire l 5 and develop on behalf of, and dedicate'to, the City of l
l 6 Caliente, Nevada, parcels of land and rightmef-way as re-t 7 quired to facilitate aplacement of land and city waste-
~
8 water disposal activities necessary to commence inter-l 9 modal transfer pursuant tdtilis Act. Replacement of land
~
10 and city wastewater disposal activities shall occur no later 11 than January 31,2002.
12 "(e) NOTICE AND MAP.-Within 6 months of the 13 date of enactraent of this Act, the Secretary shall-14 "(1) publish in the Federal Register a notice 15 containing a legal. description of the sites and rights-16 of-way to be acquired under this section; and 17 "(2) file copies of a map of such sites and 18 rights-of-way with the Congmss, the Secretary of the
~"
- ~" 19 Interior, the State of Nevada, the Archivist of the 20 United States, the Boani of Lincoln County Com-21 missioners, the Board of- Nye County Commis-22 sioners, and the Caliente City Council.
23 Such map and legal description shall have the same force
. ,.s. , . s, 24 and effect as if they were included in this Act. The Sec-25 retary may corret clerical and typographical errors in HR 1270 PCS
16 .
I legal descriptions and mtAe minor adjustments in the , _ , , . .
2 boundaries.
3 "(f) I)IPItOVE31ENTS.-The Secretary shall make im-4 provements to existing roadways selected for heavy-haul .
5 truck transport between Caliente, Nevada, and the interim 6 storage facility site as necessary to facilitate year-round
~
7 safe transport of spent nuclear fuel and high-level radio-8 active waste.
9 "(g) heavy-HAUL TItANSPOllTATION I[OUTE.-
10 "(1) DESIGNATION OF ItOUTE.-The route for 11 the heavy-haul truck transport of spent nuclear fuel 12 and high-level radioactive waste shall be as des-13 ignated in the map dated July 21,1997 (referred to 14 as ' Heavy-Haul Route') and on file with the Sec-15 retary. ..z-16 "(2) TItUCK TItANSPOllTATION.-The Secretary, 17 in consultation with the State of Nevada and appro-18 priate counties and localjurisdictions, shall establish
~
19 reasonable terms and conditions pursuant to which 20 the Secretary may utilize heavy-haul truck transport 21 to move spent nuclear fuel and high-level radioactive 22- waste from Caliente, Nevada, to the interim storage 23- facility site. .- .
24 "(3) I3tPItOVE31ENTS AND 31AINTENANCE.-
25 Notwithstanding any other law-HR 1270 PCS
17 1 "(A) the Secretary shall be responsible for 2 any incremental costs related to improving or 3 upgrading Federal, State, and local roads with-4' in the heavy-haul transportation route utilized, 5 and performing any maintenance activities on 6 such roads, as necessary, to facilitate . year-7 round safe transport of spent nuclear fuel and 8 high-level radioactive waste; and 9 "(B) any such improvement, upgmoing, or 10 maintenance. activity shall be funded solely by 11 appropriations made pursuant to sections 401 12 and 403 of this Act.
13 "(h) local GOVERN. MENT INVOLVE. MENT.-The -
14 Commission shall enter into a Memorandum of Under-l _15 standing with the City rof Caliente and Lincoln County, i l 16 Nevada, to provide advice to the Commission regarding l 17 intermodal transfer and to facilitate on-site representa-18 tion. Reasonable expenses of such representation shall be ,
. . . . u.. i j' 19 paid by the Secretary.
20 NEC. 302. TRANSPORTATION PLANNING. l l
-21 "(a) TRANSPORTNr!CN READINESS.-The Secretary 22 shall take tho.sc actions that are necessary and appropriate 23 to ensure that the Secretary is able to accept and trans-m.~ .-,- 24 port spent nuclear fuel and high-level radioactive waste be- i 25 ginning not later than January 31, 2002. As soon as is l HR 1270 PCS-- 3
E.
18
- 1. practicable following the enactment of this Act, the Scc- ,,. , , , , , ,
2 retary shall analyze each specific reactor facility 'in the 3 order of priority established in the ' acceptance schedule, 4 and ddvelop a logistical plan to assure the Secretary's abil-5 ity to. transport spent nuclear fuel and high-level radio-6 active waste, using routes that minimize, to the maximum s....,
7 practicable extent and consistent with Federal require-8 ments governing transportation of hazartlous materials, l
l 9 transportation of spent- nuclear fuel and high-level radio-10 active waste through populated areas.
p 11 "(b) TIMNSPORTATION PLANNING.-
12 (1) IN GENEIML.-In conjunction with the de- ,
13 velopment of the logistical plan in accordance with 14 subsection (a), the Secretary shall update and mod-i- 15' ify, as necessary, the Secretary's transportation in-16 stitutional plans to ensure that institutional issues
- 17. are addressed and resolved on a schedule to support 18 the commencement of transportation of spent nu-
. clear fuel and high-level radioactive waste to the in- -
20 terim storage facility no later than January 31, 21 2002. Among other things, such planning shall pro-22 vide a schedule and process for addressing and im-23 plementing, as necessary, transportation routing - '-
24 plans, transportation contracting plans,. transpor-5.
HR 1270 PCS
1
\
l 1
19 I 1 tation training in accordance with section 203, and 2 transportation tracking programs.
3 "(2) RAIL If0CTES.-Not later than one year i k
4 after the date of the enactment of this Act, the Sec-5 retary of Transportation shall establish procedums.
6 for the selection of preferred rail routes for the 7 transportation of spent nuclear fuel and high-level 8 radioactive waste to the interim stcrage site and the 9 repository site. Such procedures shall be established
- j 10 in consultation with the designated emergency serv- l 1
11 ices planning management official for any State or l l
12 4 Indian tribe affected by the rail routes selected. l 13 "SEC. 203. TRANSPORTATION REQUIREMENTS. j 14 "(a) PACKAGE CEllTIFICATION.-No spent nuclear i
15 fuel or high-level radioactive waste may be transported by
, 1 16 or for the Secretary u'nder this Act except in packages that I 17 have been certified for such purposes by the Commission.
18 "(b) STATE NGTIFICATION.-The Secretary shall 19 abide by regulations of the Commission regarding advance 20 notification of State and local governments prior to trans-L 21 portation of spent nuclear fuel or high-level radioactive 22 waste under this Act.
23 "(c) TECIINICAL ASSISTANCE.-
. . - . . . - , 24 "(1) IN GENEllAL.-The Secretary shall provide ,
25 technical assistance and funds to States, affected HR 1270 PCS
20 1 units of heal government, and Indian tribes through we,:-, .-,.
2 whose jurisdiction the Secretary plans to transport 3 substantial amounts of spent nuclear fuel or high-4 level radioactive waste for training for public safety 5 officials of appmpriate units of local government.
6 Training shall cover procedures required for safe 7 routine transportation of these materials, as well as 8 procedures for dealing witl' 'mergency response situ- .
9 ations. The Secretary's duty to provide
~
10 financial assistance under this subsection shall be 11 limited to amounts specified in annual appropria-12 tions. ,
13 "(2) EMPLOYEE ORGANIZATIONS.-
e.
14 "(A) IN GENERAL.-The Secretary shall 15 provide technical assistance and funds for train- ..
g 16 ing directly to nonprofit employee organiza-17 tions, voluntary emergency response organiza-18 tion, and joint labor-management organizations 19 that demonstrate experience in implementing l
20 and operating worker health and safety training 21 and . education programs and demonstrate the 22 ability to reach and involve in training pro-23 grams target populations of workers who are or ._ _
24 will be directly engaged in the transportation of 25 spent nuclear fuel and high-level radioactive l
l HR 1270 PCS l
21 1 waste or emergency response or post-emergency
. _ ,,, , , , , ; 2 msponse with respect to such transportation.
. 3 "(B) TIwx1xo.-Training under this 4 . paragraph-
- 5. "(i) shall cover procedures required
,- 6 for safe routine transportation of materials 7 and procedures for dealing with emergency
~
8 response situations; 9 "(ii) shalP be consistent with any 10 training standards established by the Sec-11 retary of Transportation; and 12 "(iii) shall include 13 "(I) a training program applica-14 ble to persons responsible for respond-15 ing lo emergency situations occurring 16 du' ring the removal and transportation 17 of spent nuclear fuel and high-level 18 radioactive waste;
- - -. w .+ .a . .
9 up % g g g;c agg 20 officers in procedures for the com-21 mand and control of the response to 22 any incident involving the waste; and 23 "(III) instruction of radiological
-m. e ,wi 24 protection and emergency medical per-25 sonnel in procedures for responding to
^
' HR 1270 PCS
9 22 1
an . incident invoh'ing spent nuclear ...,,_,..,
2 fuel or high-level radioactive waste 3 being transported.
4 "(3) GRANTS.-To implement this subsection, 5 grants shall be made under section 401(c).
6- "(4) MINIMIZING DUPLICATIO.J OF EFFORT . . . _ . . ..
7 AND EXPENSES.-The Secretaries of Transportation, 8 Labor, and Energy, Directors of the Federal Emer-9' gency Management Agency and Nationa1 Institute of 10 Environmental Health Sciences, the Nuclear Regu-11 latory Commission, and Administrator of the Envi-12 romnental Protection Agency shall review periodi- .
13 cally, with the head of each department, agency, or t
14 instrumentality of the Government, all emergency re-15 sponse and preparedness trainins programs of that L 16' department, agency, or instrtimentality to minimize 1/ duplication of effort and expense of the department, 18 agency, or instrumentality in carrying out the pro-19 grams and shall take necessary action to minimize ,
20 duplication.
21 "(d) USE OF PRIVATE CARRIERS.-The Secretary, in 22 providing for the transportation of spent nuclear fuel and 23 high-level radioactive waste under this Act, shall by con- - '
24 tract use private industry to the fullest extent possible in i 25 each aspect of such transportation. The Secretary shall HR 1370 PCS
__o
r .
l 23 1 use direct Federal services for such transportation only 2 upon a determination by the Secretary of Transportation, 3 in consultation with the Secretary, that private industry 4 is unable or umvilling to provide such transportation serv-'
I 5 ices at a reasonable cost. {
l 6 "(e) TRANSFER OF TITLE.-Acceptance by the Sec-7 retary of any spent nuclear fuel or high-level radioactive
)
8 waste shall constitute a transfer of title to the Secretary.
i 9 "(f) EMPLOYEE PROTECfION.-Any person engaged !
~
)
10 in the interstate commerce of spent nuclear fuel or high-11 level radioactive waste under contract to the Secretary 12 pursuant to this Act shall be subject to and comply fully 13 with the employee protection provisions of section 20109 14 of title 49, United States Code (in the case of employees 15 of railroad carriers), ami section 31105 of title 49, United
- - ~ )
16 States Code (in the c'sea of employees operating commer- )
i' 17 cial motor vehicles), ,r the Commission (in the case of all I8 other employees).
^ ^ "
19 "(g) TRAINING STANDARD.- i 20 "(1) REGULATION.-No later than 12 months
-21 after the date of ena. tment of this Act, the Sec-22 retary of Transportation, pursuant to authority 1
l l 23 under other provisions of law, in consultation with
, ~ .. 4 . ,u 24 the Secretary of Labor and the Commission, shall i
25 promulgate a regulation establishing training. stand-HR 1370 PCS i
i
24 1 ards applicable to workers directly involved in the re- ,, ._
2 moval and transportation of spent nuclear fuel and 3 high-level radioactive waste. The regulation shall 4 specify minimum training standards applicable to ,
5 workers, including managerial personnel. The regu-
- 6. lation shall requim that the employer possess evi-7 dence of satisfaction of the applicable training 8 standard before any individual may be employed in 9 the removal and transportation of spent nuclear fuel .
10 and high-level radioactive waste. s 11 "(2) SECRETARY OF TRANSPORTATION.-If the 12 Secretary of Transportation determines, in promul- .
13 gating the regulation required by paragraph (1),
14 that existing Federal regulations establish adequate 15 training standards for workersi then the Secretary 16' of Transportation can refrairi from promulgating ad- -
17 ditional mgulations with respect to worker training 4-18 in such activities. The Secretary of Transportation 19, and the Commission shall use their Memorandum of 20 Understanding to ensure coordination of worker 21 training standards and to avoid duplicative regula-22 tion.
l l 23 "(3) TRAINING STANDARDS CONTENT.-If :c -> ' , , .
l 24 training standards are required to be promulgated 25 under paragraph (1), such standards shall, among i
- HR 1870 PCS
' 25 1 other things deemed necessary and appropriate by 2 the Sec.mtary of Transportation, provide for-l- 3 "(A) a specified minimum number of hours l
4 of initial off site instruction and actual field ex -
1 l 5 perience under the direct supervision of a 6 trained, experienced supenisor; 7 "(B)'a requirement that onsite managerial
^ '~ '
8 personnel receive the same training as workers, l _
9 and a minimum nuinber of additional hours of 10 specialized training pertinent to their manage-11 rial responsibilities; and 12 "(C) a training program applicable to per-13 sons responsible for responding to and cleaning
. 14 up emergency situations occurring during the I
15 removal an,d transportation of spent nuclear 16 fuel a'nd high-level radioactive waste.
17 The Secretary of Transportation may specify an ap-18 propriate combination of knowledge, skills, and prior
. , . s e . ..
. 19 training to fulfill the minimum number of hours re-20 quirements of subparagraphs (A) and (B).
21 ,
"(4)- EMERGENCY RESPONDER TRAINING 22 STANDARDS.-The training standards for persons 23 responsible. for responding to emergency situations l ,. e w.s. 24 occurring during the removal and transportation of i-l 25 spent nuclear fuel and high-level radioactive waste HR 1270 PCS-- 4
26 .
I shall, in accordance with existing regulations, ensure , , , , .
2 their ability to protect nearby persons, property, or 3 the erwironment from the effects of accidents involv-4 ing spent nuclear fuel and high-level radioactive 5 waste.
6 "(5) AUTIIoluZATION.-There is authorized to 7 be appropriated to the Secretary of Transportation, 8 from general revenues, such sums as may be nec-9 essary to perform his duties under th'is subsection.
10 "SEC. 204. INTERIM STORAGE.
I1 "(a) AUTitoluZATION.-The Secretary shall design, 12 construct, and operate a facility for the interim storage 13 of spent nuclear fuel and high-level radioactive waste at 14 the interim storage facility site. The interim storage facil-l 15 ity shall be subject to licensing pursuant to the Atomic '
i .
16 Energy Act of 1954 (42 U.S.C. 2011 et seq.) in accord-17 anee with the Commission's regulations governing the li-18 censing of independent spent fuel storage installations and 19 shall commence operation in phases by January 31,2002.
20 The interim storage facility shall store spent nuclear fuel 21 and high-level radioactive waste until the Secretary is able 22 to transfei such fuel and waste to the repository.
23 "(b) DESIGN.-The design of the interim storage fa- -
- s. .. .
l 24 cility shall' provide for the use of storage technologies li-25 censed or certified by the Commission for use at the in-HR 1270 PCS
27 J
l terim storage facility as necessary to ensure compatibility
. . , , , , , , . 2 between the interim storage facility and contract holders'
'. 3 spent nuclear fuel and facilities, and to facilitate the Sec-4 retary's ability to meet the Secretary's obligations under 5 this Act.
6 "(c) LICENSING.-
7 "(1) PIIASES.-The interim storage facility
' ~ '
8 shall be licensed by the Commission in two phases 9 in order to conunence ope' rations no later than Janu-10 ary 31, 2002.
I1 "(2) FIllST PIIASR.-No later than 12 months 12 after the date of enactment of this Act, the Sec-13 retary shall submit to the Commission an application 14 .for a license for the first phase of the interim stor-15 age facility. The, license issued for the first phase of 16 the interim storage facility shall have a term of 20
,' 17 years. The interim storage facility licensed in the j 18 first phase shall have a capacity of not more than i n.... . . a ., .
19 10,000 MTU. The Commission shall issue a final de-l 20. cision granting or denying the application for the l 21- first phase license no later than 36 months from the )
22 date of the submittal of the application for such li- !
23 cense.
. , wu :.--. 24 "(3) SECOND PIIASE.-The Secretary shall sub-25 mit to the Commission an application for a license HR 1970 PCS
28 1 for the second phase interim storage facility. The li- ,,,,,._,.,,.
i 2 cense for the second phase facility shall authorize a 3 storage capacity of 40,000 MTU. The license for the 4 second phase shall have an initial term of up to 100 5 years, and shall be renewable for additional terms 6 upon application of the Secretary.
"' ~'
7 "(d) ADDITIONAL AUTHOluTY.-
8 "(1) CONSTRUCTION.-For the purpose of com-
~
9 plying with subsection (a), the Secretary may com-10 mence site preparation for the interim storage facil-11 ity as soon as practicable after the date of enact-
-12 ment of this Act and shall commence construction of .
13 the first phase of the interim storage facility subse-14 quent to submittal of the license application except 15 that the Commission shall issue an order suspending 16 such construction at any time if the Commission de-17 termines that such construction poses an unreason-18 able risk to public health and safety or the environ-19 ment. The Commission shall terminate all or part of 20 such order upon a determination that the Secretary 21 has taken appropriate action to eliminate such risk.
22 "(2) FACILITY USE.-Notwithstanding any oth-23 erwise applicable licensing requirement, the Sec- '-
24 retary may utilize any facility owned by the Federal 25 Government on the date of enactment of this Act HR 1270 PCS
-\ 29
\ ,
I and within the boundaries of the interim storage fa-2 cility site, in connection with an imminent and sub-
. . . . . .. m 3 stantial endangerment to public health and safety at 4 the interim storage facility prior to commencement 5 of operations during the second phase.
6 "(e) NATIONAL ENVIllON31 ENTAL POLICY ACT OF 7 1969.-
8 "(1) PRELDlINAltY DECISION 31AKING ACTIVI-9 TIES.-The Secretary's activities under this section, 10 including the selection of a site for the interim stor-11 age facility, the preparation and submittal of any li-l 12 cense application, and the construction and. oper-13 ation of any facility shall be considered pmliminary- i 14 decisionmaking~ activities for purposes of the Na-15 tional Environmental Policy Act of 1969 (42 U.S.C.
16 4321 et seq.). !No such activity shall require the 17 preparation of an environmental impact statement 18 under section 102(2)(C) of the National Environ-
....z."'"^"
19 mental Policy Act of 1969 (42 U.S.C. 4332(2)(C))
, 20 or require any environmental review under subpara-21 graph (E) or (F) of such Act.
22 "(2) ENVIRON)1 ENTAL DIPACT STATE 31ENT.-
23 "(A) FINAL DECISION.-A final decision of
. . r . . . ,,0. . .a 24 the Commission to grant or deny a license ap- l 1
25 plication for the first or second phase of the in-l RR 2270 PCS
30 1 terim storage facility shall be accompanied by g , ,, , , , .
2 an Environmental Irnpact' Statement prepared 3 under section 102(2)(C) of the National Emi-4 ronmental Policy Act of 1969 (42 U.S.C.
c 5 4332(2)(C)). In preparing such Environmental 6 Impact Statement, the Commission-
"(i) shall assume that 40,000 MTU
'"*~'^
7 8 will be stored at the facility; and 9 "(ii) shall analyze the iriipacts of the 10 ' transportation of spent nuclear fuel and
/
11 high-level radioactive waste to the interim 12 storage facility in a generic manner.
13 "(B) CONSIDEIUJrrONS.-Such Emiron-14 mental Impact Statement sl.all not consider-15 "(i) the need for,.the interim storage 16 facility, including any individual compo-17 nent thereof; 18 "(ii) the time of the initial availability 19 of the interim storage facility; ,
20 "(iii) any alternatives to the storage 21 of spent nuclear fuel and high-level radio-22 active waste at the interim storage facility; 23 "(iv) any alternatives to the site of a~~ --
24 the facility as designated by the , Secretary 25 in accordance with subsection (a);
HR 1270 PCS
31 ,
i 1 "(v) any alternatives to the design cri-l 2 teria for such facility or any individual 1
3 component thereof, as specified by the Sec.
4 retary in the license application; or 5 "(vi) the emironmental impacts of the storage of spent nuclear fuel and high-level
- 6 7 radioactive waste at the interim storage fa-8 cility beyond the initial term of the license 9 or the term of the renewal period for which 10 a license renewal application is made.
I1 "(f) JenicIAL REVIEW.-Judicial review of the Com-
~
12 mission's environmental impact statement under the Na-13 tional Emironmental Policy Act of 1969 (42 U.S.C. 4321 14 et seq.) shall be consolidated with judicial review of the 15 Commission's licensing decision. No court shall have juris-16 diction to enjoin the construction or operation of the in-17 terim storage facility prior to its final decision on review 18 of the Commission's licensing action.
. ~ . . . , . ~
u , , ,
20 tion to construct and operate the interim storage facility 21 in accordance with this section and the Secretary's obliga-22 tion to develop an integ-sted management system in ac-23 cordance with the provisions of this Act, shall provide suf-
. . , , ...w, m 24 Scient and independent grounds for any further findings 25 by the Commission of reasonable assurance that spent nu- ,
HR 1270 PCS
i
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32
- I clear fuel and high-level radioactive waste will be disposed , , , _ . , , , . 1 2 of safely and on a timely basis for purposes of the Com-
'3 mission's decision to grant or amend any license to operate 4 any civilian nuclear power reactor under the Atomic En-5 ergy Act of 1954 (42 U.S.C. 2011 et seq.).
6 "(h) SAVINGS CLAUSE.-Nothing in this Act shall af- s
\
7 feet the Commission's procedures for the licensing of any '* y' ' '
8 technology for the dry storage of spent nuclear fuel at the \
9 site of any civilian nuclear power reactor es adopted by 10 'the Commission under section 218 of the Nuclear Waste 11 Policy Act of 1982, as in effect prior to the date of the 12 enactment of this Act. The establishment of such proce-13 dures shall not preclude the licensing, under any applica-14 ble procedures or rules of the Commission in effect prior 15 to such establishment, of any techn. ology for the storage 16 of civilian spent nuclear fuel at the' site of any civilian nu-17 clear power reactor.
18 "SEC. 205. PERMANENT DISPOSAL.
19 "(a) SITE CIIARACTERIZATION.-
20 "(1) GUIDELINES.-The guidelines promul-21 gated by the Secretary and published at 10 CFR 22 part 960 are annulled and revoked and the Sec-23 retary shall make no assumptions or conclusions .
24 about the licensability of the Yucca Mountain site as 25 a repository by reference to such guidelines.
HR 1270 PCS
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33 i 1 "(2) SITE CIIAHACTERIZATION ACTIVITIES.-
, .. . . . 2 The Secretary shall carry out appropriate site char- i 3 acterization activities at the Yucca Mountain site in 1
4 accordance with the Secretary's program approach 5 to site characterization if the Secretary modifies or 6 eliminates those site characterization activities de-l 7 signed to demonstrate the suitability of the site !
i 8 under the guidelines referenced in paragraph (1).
+ i 9 "(3) DATE.-No later than Decemoer 31, 10 2002, the Secretary shall apply to the Commission 11 for authorization to construct a repository that will l l
12 commence operations no later than January 17, !
13 2010. If, at any time prior to the filing of such ap-14 plication, the Secretary determines that the Yucca 15 Mountain site camiot satisfy the Commission's regu-16 lations applicable to the licensing of a geologic re-17 pository, the Secretary shall terminate site charac-18 terization activities at the site, notify Congress and
.v..
19 the State of Nevada of the Secretary's determination 20 and the reasons therefor, and recommend to Con-21 gress not later than 6 months after such determina- ;
22 tion further actions, including the enactment of leg-23 islation, that may be needed to manage the Nation's l
, z .as--,v4 24 spent nuclear fuel and high-level radioactive waste.
l HR 1270 PCS-- 5 1
1
34 1 "(4) MAXIM 1 ZING CAPACITY.-In developing an n + n., m 2 application for authorization to construct the reposi.
3 tory, the Secretary shall seek to maximize the capac-4 ity of the repository. h 5 "(b) LICENSING.-Within one year of the date of en- 1.
6 actment of this Act, the Commission shall amend its regu- N
- "'""h 7 lations governing the disposal of spent nuclear fuel and 8 high-level radioactive waste in geologic repositories to the 9 extent necessary to comply 'vith this Act. Sulject to sub-10 section (c), such regulations shall provide for the licensing 11 of the repository according to the following procedures:
12 "(1) CONsTitCCTION AUTIIOIIIZATION.-The , ,/
13 Cormnission shall grant the Secretary a construction
/
14 authorization for the repository upon determining /
15 that them is reasonable assurance that spent nuclear 16 fuel and high-level radioactive waste can be disposed 17 of in the repository-
~~*
18 "(A) in conformity with the Secretary's ap-19 plication, the provisions of this Act, and the 20 regulations of the Commission; ,
21 "(B) with adequate protection of the 22 health and safety of the public; and ~*:
u 23 "(C) consistent with the common defense .. . . . , . . _ .
24 and security. ,
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1 "(2) LICENSE.-Following substantial comple-l l . . . . 2 tion of construction and the filing of any additional 3 information needed to complete the license applica-4 tion, the Coimnission sh
. '" "(1) the parties to the agreement shall share 24 25 with one another information relevant to the licens-
48 1 ing process for the interim storage facility or reposi- ,, ,
2 tory, as it becomes available; and 3 "(2) the affected unit of local government that 4 is party to such agreement may comment on the de-5 velopment of the integrated management system and 6 on documents required under law or regulations gov-
"~ ^"'
7 erning the effects of the system on the public health 8 - and safety.
9 "(c) CONsTaucTION.-The signature
~
10 retary on a valid benefits agreement under section 302 11 shall constitute a commitment by the United States to 12 make payments in accordance with such agreement.
13 "SEC. 304. ACCEPTANCE OF BENEFITS.
14 "(a) CONSENT.--The acceptance or use of any of the 15 benefits provided under this title by,any affected unit of 16 local government shall not be deenied to be an expression 17 of consent, express, or denied, either under the Constitu-18 tion of the State of Nevada or any law thereof, to the 19 siting of the interim storage facility or repository in the -
- 20. State of Nevada, any provision of such Constitution or 21 laws to the contrary notwithstanding.
22 "(b) ARGUMENTS.-Neither the United States nor 23 any other entity may assert any argument based on legal ~,- ..
24 or equitable estoppel, or acquiescence, or waiver, or con-25 sensual involvement, in response to.any decision by the HR 1370 PCS
49 I 1 State of Nevada, to oppose the siting in Nevada of the 2 interim storage facility or repository premised upon or re-wjg.cggs.
3 lated to the acceptance or use of benefits under this title. !
l 4 "(c) LIABILITY.-No liability of any nature shall ac-l . 5 crue to be asserted against the State of Nevada, its Gov-6 ernor, any official thereof, or any official of any govern-7 mental unit thereof, premised solely upon the acceptance
~'
8 or use of benefits under this title.
9 "SEC. 305. RESTRICTION ON USE OF FUNDS.
10 "None of the funding provided under section 303 11 may be used-12 "(1) directly or indirectly to influence legislative .
I 13 action on any matter pending before Congress or a 14 State legislature or for any lobbying activity as pro-15 vided in section,1913 of title 18, United States 16 Code; 17 "(2) for litigation purposes; and 18 "(3) to support multistate efforts or other coali-
. \
19 tion-building activities inconsistent with the purposes 20 of this Act. j
., 21 "SEC. 306. INITIAL LAND CONVEYANCES.
22 "(a) CONVEYANCE OF PCnLIC LANDS.-Within 120 23 days after October 1,1998, the Secretary of the Interior, 24 or other agency with jurisdiction over the public lands de-l l 25 scribed in subsection (b), shall convey the public lands de-HR 1270 PCS
50 I scribed in subsection (b) to the appropriate county, unless 2 the county noti 5es the Secretary of the Interior or the 3 head of such other appropriate agency in writing within
- 4. 60 days of such date of ernetment that it elects not to 5 te.ke title to all or any part of the property, except that 6 any lands conveyed to the County of Nye, County of Lin-7 coln, or the City of Caliente under this subsection that 8 am subject to a Federal grazing permit or a similar feder-9 : ally granted privilege shall be conveyed between 60 and 10 120 days of the earliest time the Federal agency admin- .
I1 istering or granting the privilege would be able to legally 12 terminate such privilege under the statutes and regula-13 tions existing on October 1,1998, unless the Federal 14 agency, county or city, and the affected holder of the privi-15 lege negotiate an agreement that allows for an earlier con-16 veyance, but in no case to occur.'arlier e than October 1, 17 1998.
7 18 "(b) SPECIAL CONVEYANCES.-Subject to valid exist-19 ing rights and notwithstanding any other law, the Sec-20 retary of the Interior or the head of the other appropriate 21 agency shall convey: ,
22 "(1) To the County of Nye, Nevada, the follow-23 ing public lands depicted on the maps dated October .. n . ..,- c,4:3., _.
, 24 11,1995, and on 51e with the Secretary:
RR 1870 PCS L _ _
t 51 1 " Map 1: Proposed Pahrump Industrial 2 Park Site.
? ..n.we.,-. .,:a M l
3 " Map 2: Proposed Lathrop Wells (Gate 4 510) Industrial Park Site 5 " Map 3: Pahrump Land 511 Sites 6 " Map 4: Amargosa Valley Regional Land-7 fill Site 8 " Map 5: Amargosa Valley Municipal Land-9 fill Site -
~
10 " Map 6: Beatty Landfill / Transfer station 11 Site 12 " Map 7: Round Mountain Land 611 Site 13 " Map 8: Tonopah Landfill Site
-~
14 " Map 9: Gabbs Landfill Site.
15 "(2) To the County of Lincoln, Nevada, the fol- J 16 lowing publie lahds depicted on the maps dated Oc-17 tober 11,1995, and on file with the Secretary:
18 " Map 2: Lincoln County, Parcel M, Indus-
%.~-e
- 19 trial Park Site, Jointly with the City of Caliente 20 " Map 3: Lincoln County, Parcels F and G, 21 Mixed Use, I .instrial Sites
- 22 " Map 4: Lincoln County, Parcels H and I, 23 Mixed Use and Airport Expansion Sites
. ~ . w .g ,
.' l
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)
52 1 " Map 5: Lincoln County, Parcels J and K, cerm~r ~ --
2 Mixed Use, Airport and Landfill Expansion 3 Sites 4 " Map 6: Lincoln County, Parcels E and L, 5 Mixed Use, Airport and Industrial Expansion 6 Sites.
7 "(3) To the City of Caliente, Nevada, the fol-8 lowing public lands depicted on the maps dated Oc- -
9 taber 11,1995, and on file with the Secretary:
10 " Map 1: City of Caliente, Parcels A, B., C 11 and D, Community Growth, Landfill Expansion 12 and Community Recreation Sites '- "
13 " Map 2: City of Caliente, Parcel M, Indus- ,
14 trial Park Site, jointly with Lincoln County.
15 "(c) NATIONAL E.WIRONMENTS Poucy ACT OF - .
16 1969.-The activities of the Secretary and the head of any 17..other Federal agency in ' connection with subsections (a) 18 and (b) shall be considered preliminary decision making e
19 activities. No such activity shall require the preparation ,
20 of an environmental impact statement under section 21 102(2)(C) of the National Emironmental Policy Act of 22 1969 (42 U.S.C. 4332(2)(C)) or any em'iromnental review 23 under subparagraph (E) or (F) of section 102(2) of such ' ' ' " ' ' ' '
24 Act. -
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53 1 "SEC. 307. PAYMENTS EQUAL TO TAXES.
2 "(a) TANABLE AMOUNTS.-In addition to financial r.;.a+1 e a s a 3 assistance provided under this title, the Secretary is au-
~
l 4 thorized to grant to any affected Indian tribe or affected 5 unit of local government an amount each fiscal year equal 6 to the amount such affected Indian tribe or affected unit -
7 of local government, respectively, would receive if author-
- 8 ized to tax integrated management system activities, as l
9 such affected Indian tribe or affected unit of local govern-
~
10 ment taxes the non-Federal real property and industrial l
11 activities occurring within such affected unit of local gov-12 ernment.
I 13 "(b) TER)lINATION.-Such grants shall continue 14 until such time as all such activities, development, and op-15 erations are terminated at such site.
16 "(c) ASSISTANCh O INDIAN TRIBES AND UNITS OF 17 LOCAL GOVERNMENT.-
18 "(1) PERIOD.~Any aEected Indian tribe or af-19 fected une of local government may not receive any 20 grant under subsection (a) after the expiration of 21 the 1-year period following the date on which the 22 Se.vetary notifies the affected Indian tribe or af-23 fected anit of local government of the termination of 24 the op; ration of the integrated management system.
25 "(2) ACTIVITIES.-Any affected Indian tribe or 26 affected unit of local govermnent may not receive naim ecs j
54 1 any further assistance under this section if the inte- ,.s.,,.,..,.,
2 grated management system activities at such site are 3 terminated by the Secretary or if such activities are 4 permanently enjoined by any court.
5 " TITLE IV-FUNDING AND 6 ORGANIZATION
. .3 ..
7 "SEC. 401. PROGRAM FUNDING.
8 "(a) CONTRACTS.-
9 "(1) AUTIIORITY OF SECRET HY.II n the per-
~
10 formance of the Secretary's functions under this 11 Act, the Secretary is authorized to enter into con-12 tracts with any person who generates or holds title l 13 to spent nuclear fuel or high-level radioactive waste 14 of domestic origin for the acceptance of title and 15 possession, transportation, interim storage, and dis-16 posal of such spent fuel or wa'ste upon the payment 17 of fees in accordance with paragraphs (2) and (3).
18 Except as provided in paragraph (3), fees assessed 19 pursuant to this paragraph shall be paid. to the ,
20 Treasury of the United States and shall be available 21 for use by the Secretary pursuant to this section 22 until expended.
~ "
23 "(2) ANNUAL FEES.-
24 "(A) ELECTRICITY.- ,
HR 1270 PCS
1 1
55 l 1 "(i) IN GENERAL.-Under a contract 2 entered into under paragraph (1) there
, . :., . s . . s . . a l 3 shall be a fee for electricity generated by l
I 4 civilian nuclear power reactors and sold on l
l= 5 or after the date of enactment of this Act.
6 The aggregate amount of such fees col- ;
7_ lected during each fiscal year shall be no
" -4 8 greater than the annual level of appropria-9 tions for expenditures on the ir"yated 10 management system for that fiscal year, 11 minus-12 "(I) any unobligated balance of 13 fees collected during the previous fis-14 cal year; and 15 ."(II) such appropriations re-16 quired to be funded by the Federal
. 17 Govenunent pursuant to section 403.
18 "(ii) FEE LEVEL.-The Secretary
-.. . . sv.. w - .
19 shall determine the level of the annual fee 20 for each civilian nuclear power reactor 21 based on the amount of electricity gen-22 erated and sold, except that for the period 23 commencing with Escal year 1999 and con-24 tinuing through the fiscal year-in which 25 disposal at the repository commences-BR 1970 PCS
56 1 "(I) the average annual fee col- ..m.,,....
2 lected under this subparagraph shall 3 not exceed 1.0 mill per-kilowatt hour 4 generated and sold; and 5 "(II) the fee in any fiscal year in 6 such period shall not exceed 1.5 mill
.m.,. . .
7 per kilowatt hour generated and sold.
8 Thereafter, the annua! fee collected under 9 this subparagraph shall not exceed 1.0 mill 10 per-kilowatt hour generated and sold. Fees 11 assessed pursuant to this subparagraph 12 shall be paid to the Treasury of the United 13 States and shall be available for use by the 14 Secretary pursuant to this section until ex-15 pended. /
/
16 "(B) EXI'EN*DITL*RES IF SIIOllTPALL.-If, 17 during any fiscal year, the aggregate amount of 18 fees assessed pursuant to subparagraph (A) is 19 less than the annual level of appropriations for 20 expenditures on those activities specified in sub-21 section (d) for that fiscal year, minus-22 "(i) any unobligated balance collected
' ~ ~~
23 pursuant to this section during the pre-24 vious fiscal year, and .
HR 1370 PCS
t 5 "'
- l. "(ii).such appropriations required to 2 be funded by the Federal Government pur-3 suant to section 403, 4 the Secretary may'make expenditures from the 5 Nuclear Waste Fund up to the level of appro-6 _ priations.
7- "(C) RULES.-The Secretary shall, by
- - 8 rule, establish ' procedures necessary to imple-9 ment this paragraph.
10 "(3) ONE-TDIE FEES.-The one-time fees col-11 lected under contracts executed under section 302(a) i 12 of the Nuclear Waste Policy Act of 1982 before the 13 date of enactment of this Act on spent nuclear fuel,.
l- 14 or high-level radioactive waste derived from spent t
l 15 nuclear fuel, which, fuel was used to generate elec-L 16 tricity in .a civilian nuclear power reactor before i . 17_ April 7,1983, shall be paid to the Nuclear Waste 18 Fund. The Secretary shall collect all such fees before o -. i i. .*4 19 the expiration of 5 scal year 2002. The Commission 20 shall suspend the license of any licensee who fails or f 21 refuses to pay the full amount of the fee referred to l
22 in this paragraph and the license shall remain sus-23 pended until the full amount of the fee mferred to 24 in this paragraph is paid. In paying such a fee, the 25 person delivering such spent nuclear fuel or high-HR 12'10 PCS
58 1 level radioactive wastes, to the Secretary shall have . e> +~-.: . -
2 no further financial ooligation under this paragraph 3 to the Federal Government for the long-term storage 4 and permanent disposal of such spent nuclear fuel or 3 high-level radioactive waste.
6 "(b) ADVANCE CONTRACTING REQIIIREMENT.- ....3....,. . , .
7 "(1) IN GENERAL.-
S "(A) LICENSE lodUANCE AND HENEWAL.-
9 The Commission shall not issue $r renew a li-10 cense to any person to use a utilization or pro-11 duction facility under the authority of section 12 (03 or 104 of the Atomic Energy Act of 1954 13 (42 U.S.C. 2133,2134) unless-14 "(i) such person has entered into a 15 contract under subsection (a) with the See-16 retary; or 17 "(ii) the Secretary affirms in writing 18 that such person is actively and in good 19 faith negotiating with the Secmtary for a 20 contract under subsection (a).
21 "(B) PRECONDITION.-The Commission, 22 as it deems necessary or appropriate, may re-
"~
quire as a precondition to the issuance or re-i 23 l
- 24 newal of a. license under section 103.or 104 of l 25 the Atomic Enerry Act of 1954 (42 U.S.C.
l RR 1370 PCS 1
g i:
l 59 l
! -1 2133, 2134) that the applicant for such license j' 2- shall have entered into an agreement with the o m , ., . : . . ... ,
l 3 Secretary for the disposal of spent nuclear fuel 4 and high level radioactive waste that may msult L , 5 from the use of such license.
I 6 "(2) DISPOSAL IN REPOSITORY.-Except as l
l 7- provided in paragraph (1), no spent nuclear fuel or 8 high-level radioactive waste generated or owned by j 9 any person (other than.4 department of the Unitad 10 States referred to in section 101 or 102 of title 5, l
l 11 United States Code) may be disposed of by the See-t l 12 retary in the repository unless the generator or ,
13 owner of such spent fuel or waste has entered into 14 a contract under subsection (a) with the Secretary l 15 by not later than,the date on which such: generator )
16 or owner comniebees generation of, or takes title to,
[- 17 such spent fuel or waste.
L L 18 "(3) ASSIGNMENT.-The rights and duties of a
- . . 4 .m -
19 party to a contract entemd into uider this section
- 4 l 20 may be assignable with transfer of title to the spent !
21 nuclear fuel or high-level radioactive waste involved. l 22 "(4) DISPOSAL CONDITION.-No spent nuclear j
~
23 fuel or high-level radioactive waste generated or
. a .y
. 24 owned by any department of the United States re-25 ferred to in section 101 or 102 of title 5, United l
BR 1 10 PCS -
Gu 1 States Code, may be stored or disposed of by the 2 Secretary at the interim storage facility or repository 4
3 in the integrated management system developed 4 under this Act unless, in each fiscal year, such de-5 partment funds its appropriate portion of the costs 6 of such storage and disposal as specified in section 7 403.
8 "(c) NUCLEAR WASTE FUND.-
9 "(1) IN GENERAI.-The Nuclear Waste Fund 10 established in the Treasury of the United States 11 under section 302(c) of the Nuclear Waste Policy 12 Act of 1982 shall continue in effect under this Act 13 and shall consist of-14 "(A) all receipts, proceeds, and recoveries 15 realized by the Secretary before the date of en-
- 16 actment d this Act; 17 "(.:) any appropriations made by the Con-18 gress before the date of enactment of this Act 19 to the Nuclear Waste Fund; 20 "(C) all interest paid on amounts invested 21 by the Secretary of the Treasury under para-22 graph (3)(B); and 23 "(D) the one-time fees collected pursuant
,,.m..wea 24 to subsection (a)(3).
/
/ '
I naim m.
i 61 1- "(2) UsE.-The Nuclear Waste Fund shall be 2 used only for purposes of the integrated manage-3 ment system.
4 "(3) AD311NISTitATION OF NICLEAR WASTE !
5 FUND.-
6 "(A) IN GENEllAL.-The Secretary of the 7 Treasury shall hold the Nuclear Waste Fund 8 and, after consultation with the Secretary, an- l 9 nually report to the Congress on the financial
~-
10 condition and operations of the Nuclear Waste l
11 Fund during the preceding fiscal year.
12 "(B) Allot:NTS IN EXCESS OF CURRENT
~
13 NEEDS.-If the Secretary determines that the 14 Nuclear Waste Fund contains at any time !
15 amounts in excess of current needs, the Sec-
- )
16 retary may request the Secretary of the Treas- l 17 ury to inver' such amounts, or any portion of :
18 such amounts as the Secretary determines to be
' 7 ' ' '" ' 19 appropriate, in obligations of the United 20 States-l 21 "(i) having maturities determined by !
22 the Secretary of the Treasury to be appro- !
23 priate to the needs of the Nuclear Waste
.,~ - e ,. w ,,
24 Fund; and HR 1270 PCS .
62 1 "(ii) bearing interest at rates deter-2 mined to be appropriate by the Secretary 3 of the Treasury, taking into consideration 4 the current average market yield on out-5 standing marketable obligations of the 6 United States with remaining periods to 7 maturity comparable to the maturities of
'"~
8 such investments, except that the interest 9 rate on such* investments shall not exceed 10 the average interest rate applicable to ex-11 isting borrowings.
12 "(C) EXEMPTION.-Receipts, pmceeds, 13 and recoveries realized by the Secretary under 14 this section, and expenditures of amounts from 15 the Nuclear.. Waste Fund, shall be exempt from 16 annual apportiomnent under the provisions of 17 subchapter II of chapter 15 of title 31, United 18 States Code.
' " ~ ~ T" '
- 19 "(d) USE OF APPROPHIATED Fcxos.-During each 20 fiscal year, the Secretary may make expenditures of funds 21 collected after the date of enactment of this Act under 22 this section and section 403, up to the level of appropria-23 tions for that Escal year pursuant to subsection (f) only
. m .m.:.. m ax 24 for purposes of the integrated management system.
HR 1370 PCS i
63 1 "(e) PRO 111n1 TION ON UsE OF APPROPRIATIONS AND 2 NUCLEAR WASTE FUND.-The Secretary shall not make
1 3 expenditures of funds collected pursuant to this section or 4 section 403 to design or construct packages for the trans-5 portation, storage, or disposal of spent nuclear fuel from 6 civilian nuclear power reactors.
7 "(f) APPROPRIATIONS.-
8 "(1) BUDGET.-The Secretary shall submit the 9 budget for implementation of the Secretary's respon-10 sibilities under this Act to the Office of Management 11 and Budget triennially along with the budget of the 12 Department of Energy submitted at such time in ac-13 cordance with chapter 11 of title 31, United States 14 Code. The budget shall consist of the estimates 15 made by the Secretary of expenditures under this
- i 16 Act and other relevant financial matters for the suc- l 17 ceeding 3 fiscal years, and shall be included in the 18 budget of the United States Government.
. .-3,,.. ,
19 "(2) APPROPRIATIONS.-Appropriations shall 20 be subject to triennial authorization. During each !
21 fiscal year, the Secretary may make expenditures, up !
)
22 to the level of appropriations, out of the funds col-23 lected pursuant to this section and section 403, if
. s. .a. .,,,, 24 tlie Secretary transmits the amounts appropriated 25 for implementation of.this Act to the Commission HR 1270 PCS
64 1 and the Nuclear Waste Technical Review Board in 2 appropriate proportion to the collection of such 3 funds.
4 "(g) EFFECTIVE DATE.-This section shall take ef-5 feet October 1,1998, and section 302 of the Nuclear 6 Waste Policy Act of 1982 (42 U.S.C.10222) shall con-7 tinue in effect until October 1,1998.
- '- ~ 8 "SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE WASTE MAN-9 AGEMENT. .
. 10 "(a) CONTINUATION OF OFFICE OF CIVILIAN RADIO-11 ACTIVE WASTE MANAGEMENT.-The Office of Civilian 12 Radioactive Waste Management established under section 13 304(a) of the Nuclear Waste Policy Act of 1982 as con-14 stituted prior to the date of enactment of this Act, shall 15 continue in effect subsequent to the date of enactment of 16 this Act, i 17 "(b) FUNCTIONS OF DIItECTOlt.-The Director of the
~
\ 18 Office shall be responsible for carrying out the functions
"" 19 of the Secretary under this Act, subject to the general su-20 pervision of the Secretary. The Director of the Office shall 21 be directly responsible to the Secretary.
22 "(c) AUDITS.-
23 "(1) STANDARD.-The Office of Civilian Radio-24 active Waste Management, its contractors, and sub-25 contractors at all tiers, shall conduct, or have con-HR 1270 PCS
\ 65 1 ducted, audits and examinations of their operations 2 in accordance with the usual and customary prac-3 tices of private corporations engaged in large nuclear 4 construction projects consistent with its role in the 5 program.
~
'6 "(2) TDIE.-The management practices and 7 performances'of the Office of Civilian Radioactive
- - 8 Waste Management shall be audited every 5 years 9 by an independent management consulting firm with 10 significant experience in similar audits of private 11 corporations engaged in large nuclear construction 12 projects. The first such audit shall be conducted 5 13 years after the date of enactment of this Act.
14 "(3) COh!PTHOLLElt GENEllAL.-The Comptrol-15' ler General of the United States shall annually make 16 an audit of the bffice, in accordance with such regu-17 lations as the Comptroller General may prescribe.
18 The Comptroller General shall have access to such 1
t ,. ~ ~ ..;. u .*:
19 books, records, accounts, and other materials of the 20 Office as the Comptroller General determines to be 21 necessary for the preparation of such audit. The 22 Comptroller General shall submit to the Congress a
. 23 report on the results of each audit conducted under
.. c.wa.ne,,,,
24 this section.
HR 1970 PCS *
(
l :
^
66 1 "(4) TDIE.-No audit contemplated by this l 2- subsection shall take longer than 30 days to con-3 duct. An audit report shall be issued in final form
. 4 no longer than 60 days after the audit is com-5 menced.
6 "(5) PUBLIC DOCDIENT.S.-All audit reports j 7 shall be public documents and available to any indi-l_. . a. . 8 vidual upon mquest.
9 "SEC. 403. DEFENSE CONTRIBUTION.
I 10 "(a) ALLOCATION.-No later than one year from the I1 date of enactment of this Act, acting pursuant to section
,' 12 553 of tiue 5, United States Code, the Secretary shall 13 issue a final rule establishing the appropriate portion of 14 the costs of managing spent nuclear fuel and high-level 15 radioactive waste under this Act allocable to the interim l
16 storage or permane'nt disposal of spent nuclear fuel, high-
. 17 level radioactive waste from atomic energy defense activi-18 ties, and spent nuclear fuel from foreign research reactors.
\ .n f..._e.: .
19 The share of costs allocable to the management of spent N
\ 20 nuclear fuel, high-level radioactive waste from atomic en-21 ergy defense activities, and spent nuclear fuel from foreign 22 research reactors shallinclude-23 "(1) an appropriate portion of the costs associ-24 ated with msearch and development activities with un;.m+u e
HR 1270 PCS -
(
67 1 respect to development of the interim storage facility 2 and repository; and 1 3 "(2) interest on the principal amounts due cal-l 4 culated by reference to the appropriate Treasury bill 5 rate as if the payments wem made at a point in time ,
. 6 consistent with the payment dates for spent nuclear 7 fuel and high level radioactive waste under the con-8 tracts.
9 "(h APPROPRIATmx REQUEST.-In addition to any
~
10 request for an appropriation from the Nuclear Waste 11 Fund, the Secretary shall request annual appropriations 12 from general revenues in amounts sufficient to pay the l 13 costs of the management of materials described in sub-l l
14 section (a).
w l .l 15 "(c) REPORT.-In colljunction with the annual report 16 submitted to Congress under section 702, the Secretary 17 shall advise the Congress annually of the amount of spent 18 nuclear fuel and high-level radioactive waste from atomic v........., ..
9 ,
20 eign research reactors requiring management in the inte-21 grated management system.
22 "(d) AUTitoRizATION.-Them is authorized to be ap-23 propriated to the Secmtary, from general revenues, for
...,..#.,-,.w,. 24 carrying out the purposes of this Act, such sums as may 25 be necessary to pay the costs of the management of spent l l
l naim ecs
68 t
I nuclear fuel and high-level radioactive waste from atomic l t
2 energy defense activities as established under subsection 3 (a).
. . _ . , 4 " TITLE V-GENERAL AN9 5 MISCELLANEOUS PROVISIONS 6 "SEC. 501. COMPLIANCE WITH OTHER LAWS.
7 "If the requirements of any law are inconsistent with 8 or duplicative of the requirements of the Atomic Energy 9 Act of 1954 (42 U.S.C. 2011 et seq.) and this Act, the 10 Secretary shall comply only with the requirements of the 11 Atomic Energy Act of 1954 and this Act in implementing 12 the integrated management system. Any requirement of 13 a State or political subdivision of a State is preempted 14 if-15 "(1) complying with such requirement and a re-16 quirement of Oks Act is impossible; or 17 "(2) such requirement, as applied or enforced, 18 is an obstacle to accomplishing or carrying out this
--~ '
19 Act or a regulation under this Act.
20 "SEC. 502. WATER RIGHTS.
1, 21 "(a) NO FEDERAL RESERVATION.-Nothing in this 22 Act or any other Act of Congress shall constitute or be 23 construed to constitute either an express or implied Fed-24 eral reservation of water or water rights for any purpose
., a ::~.w.a,,
I 25 arising under this Act. -
HR 1270 PCS
I, 69 i
1 "(b) ACQUISITION AND EXERCISE OF WATER 2~ RioIITS UNDElt NEVADA LAW.-The United States may
.. , m ,- . ; .
l 3 acquire and exercise such water rights as it deems nec-4 essary to carry out its responsibilities under this Act pur--
5 suant to the substantive and procedural requirements of 6 the State of Nevada. Nothing in this Act shall be, con-7 strued to authorize the use of eminent dcmain by the
~
! 8 United States to acquire water rights.
9 "(c) EXERCISE OF WATER RIGIITS GENERALLY I' 10 UNDER NEVADA LAWS.-Nothing in this Act shall be con-11 strued to limit the exercise of water rights as provided 1
12 under Nevada State laws.
13 "SEC. 503. JUDICIAL REVIEW OF AGENCY ACTIONS.
14 "(a) JcRISDICTION OF UNITED STATES COURTS OF 15 APPEALS.- ./
i 16 "(1) ' ORIGINAL AND ENCLUSIVE JURISDIC-l 17 TION.-Except for review in the Supreme Court of 18 the United States, and except as otherwise provided a . ~, . q in this Act, the United States courts of appeals shall 19 20 have original and exclusive jurisdiction over any civil 21 action-22 "(A) for review of any final decision or ac-23 tion of the Secretary, the President, or the
.u m _ u ,% 24 Commission under this Act; f I
( HR 1370 PCS Y
70 1 "(B) alleging the failure of the Secretary, 2 the President, or the Commission to make any 3 decision, or take any action, required under this 4 Act; 5 (C) challenging the constitutionality of 6 any decision made, or action taken, under any 7 provision of this Act; or
+* '
~'
8 "(D) for review of any em'ironmental im-
. 9 pact statement prepared or environmental as-10 sessment made pursuant to the National Emi-11 ronmental Policy Act of 1969 (42 U.S.C. 4321 12 et seq.) with respect to any action under this 13 Act or alleging a failure to prepare such state-14 ment with respect to any such action.
15 "(2) VENCE.-The venue of- any proceeding 16 under this sect on shall be in the judicial circuit in 17 which the petitioner involved resides or has its prin-18 cipal office, or in the United States Court of Appeals
%. ..- e , < .
19 for the District of Columbia.
20 "(b) DEADLINE FOlt CO)131ENCING ACTION.-A civil 21 action forjudicial review described under subsection (a)(1) 22 may be brought no later than 180 days after the date of 23 the decision or action or failure to act involved, as the
.m; _mm, 24 case may be, except that if a party shows that the party j 25 did not know of the decision or action complained of or HR 1270 PCS
\ . . - _ __ _ _________________ _____________ _ _
71 L
- 1. of the faihm to act, and that a reasonable person acting 2 under the circumstances would not have known of such x . .... ,. .
l 3 decision, action, or failure to act, such party may bring l 4 a civil action no later than 180 days after the date such 5 party acquired actual or constructive knowledge of such 6 decision, action, or failure to act.
7 "(c) APPLICATION OP OTilER LAW.-The provisions L
8 of this section relating to any matter shall apply in lieu 9 of the. provisions of any othst Act relating tc Ue same i 10 matter.
l 11 "SEC. 504. LICENSING OF FACILITY EXPANSIONS AND l 12 TRANSSHIPMENTS.
13 "(a) ORAL ARGE. MENT.-In any Commission hearing 14 under section 189 of the Atomic Energy Act of 1954 (42 15 U.S.C. 2239) on an application for a license, or for an l l-l 16 amendment to an existing license, filed after January 7, ;
17 1983, to expand the spent nuclear fuel storage capacity
~~
i 18 at the site of a civilian nuclear power reactor, through the
. ,- . % .~.
l 19 use of high-density fuel storage racks, fuel rod compac- j 20 tion, the transshipment of spent nuclear fuel to another !
l I
21 civilian nuclear power reactor within the same utility sys-22 tem, the constniction of additional spent nuclear fuel pool 23 capacity or dry storage capacity, or by other means, the y, ,,, ,. ,
24 Conmdssion shall, at the request of any party, provide an 25 opportunity for oral argument with respect to any matter l .
l' HR 1970 PCS l
i
/
72 1 which the Commission determines to be in controversy 2 among the parties. The oral argument shall be preceded
. .. ..s.
3 by such discovery procedures as the rules of the Commis-4 sion shall provide. The Commission shall require each 5 party, including the Commission staff, to submit in writ-6 ten form, at the time of the oral argument, a summary
\-
7 of the facts, data, and arguments upon which such party
, s 8 proposes to rely that are known at such time to such
^
- , 9 party. Only facts and data in the form of mvorn testimony
- 10 or written submission may be relied upon by the parties 11 during oral argument. Of the materials that may be sub-12 mitted by the parties during oral argument, the Commis-13 sion shall only consider those facts and data that are sub-14 mitted in the form of sworn testimony or written submis-15 sion. ..
16 "(b) AD.Irnichrony HEARING.-
17 "(1) DESIGNATION.-At the conclusion of any
- 18 oral argument under subsection (a), the Commission
...,e_.,,~:....<
19 shall designate any disputed question of fact, to-20 gether with any remaining questions of law, for reso-21 lution in an achudicatory hearing only if it deter-
[ 22 mines that-23 "(A) there is a . genuine and substantial 1
24 dispute of fact which can only be resolved with
, .34.:c,or:%tw w m-HR 1370 PCS
) .. . .
! l 73 1 sufficient accuracy by the introduction of evi-l 2 dence in an aQudicatory hearing; and
..,a,..,. .
3 "(B) the decision of the Commission is j 4 likely to depend in whole or in part on the reso-l 5 lution of such dispute.
6 "(2) DETElulINATION.-In making . a deter-7 mination under this subsection, the Commission-
' ~ '
8 "(A) shall designate in writing the specific 5 facts that are in- genuine and substantial dis-
~
10 pute, the reason why the decision of the agency 11 is likely to depend on the resolution of such L 12 facts, and the reason why an adjudicatory hear-l 13 ing is likely to resolve the dispute; and
! 14 "(B) shall not consider-15 "(i) any issue relating to the design, 16 construction, or. operation of any chilian 17 nuclear power reactor. already licensed to 18 operate at such site, or any civilian nuclear g , ,
20_ mit has been granted at such site, unless ,
21 the Commission determines that any such l 22 is ae substantially affects the design, con- l 23 struction, or operation of the facility or ac-I
. y g.,,,
24 tivity for which such license application,
>- un meecs
74 1 authorization, or amendment is being con-2 sidered; or 3 "(ii) any siting or design issue fully 4 considered and decided by the Conunission 5 in connection with the issuance of a con-6 struction permit or operating license for a 7 civilian nuclear power reactor at such site, 8 unless-o- .9 "(I),such issue results from any
/
10 revision of siting or design criteria by 11 the Commission following such deci-12 sion; and 13 "(II) the Commission determines 14 that such issue substantially affects 15 the design, construction, or operation 16 .hf the facility or activity for which 17 such license application, authorization, 18 or amendment is being considered.
'"~^ 19 "(3) APPUCATION.-The provisions of para-20 . graph (2)(B) shall apply only with respect-to li-21 censes, authorizations, or amendments to licenses or i 22 authorizations, applied for under the Atomic Energy 23 Act of 1954 (42 U.S.C. 2011 et seq.) before Decem-
. .<.w%m.,
24 ber 31,2005.
BR 1970 PCB
75 l
1 "(4) CONSTItCCTION.-The provisions of this 2 section shall not apply to the first application for a 3 license or license amendment received by the Com-4 mission to expaua onsite spent fuel storage capacity 5 by the use of a new technology not previously ap-6 proved for use at any nuclear power plant by the 7 Commission.
~
8 "(c) JUDICIAL REVIEW.-No court shall hold unlaw-9 ful or set aside a decision of The Commission in any pro-
. 10 ceeding described in subsection (a) because of a failure 11 by the Commission to use a particular procedure pursuant 12 to this section unless-13 "(1) an objection to the procedure used was {
i 14 presented to the Commission in a timely fashion or j l
15 there are extrao.rdinary circumstances that excuse i 16 the failure to prisent a timely objection; and l 17 (2) the court finds that such failure has pre-18 cluded a fair consideration and informed resolution j
.~,~.w.."
19 of a signi5 cant issue of the proceeding taken as a 20 whole.
21 "SEC. 505. SITING A SECOND REPOSITORY.
22 "(a) CONGItESSIONAL ACTION REQUIllED.-The Sec-l 23 retary may not conduct site-specific activities with respect l ,
e.<c.u #ew 24 to a second repository unless Congress has specifically au-25 thorized and appropriated funds for such activities.
76 1 "(b) REPORT.-The Secretary shall report to the 2 President and to Congress on or after January 1,2007, mi...er ..w 3 but not later than January 1, 2010, on the need for a w.
4 second repository.
5 "SEC. 506. FINANCIAL ARRANGEMENTS FOR LOW-LEVEL 6 RADIOACTIVE WASTE SITE CLOSURE.
7 "(a) FINANCLiL ARRANGEMENTS.-
8 "(1) STANDARDS AND INSTRUCTIONS.-The 9 Commission shall establish by rule, regulation, or 10 order, at'ter public notice, and in accordance with 11 section 181 of the Atomic Energy Act of 1954(42 12 U.S.C.- 2231), such standards and instructions as 13 the Commission may deem necessary or desirable to 14 ensure in the case of each license for the disposal of 15 low-level radioactive waste that an adequate bond, 16 surety, or other financial arrangement (as deter-
- 17. mined by th. Commission) will be provided by a li-18 censee to permit completion of all requirements es-
"'* " "'* 19 tablished by the Commission for the decontamina-20 tion, decommissioning, site closure, and reclamation 21 of sites, structures, and equipment used in conjunc-22 tion with such low-level radioactive waste. Such 5-23 nancial arrangements shall be provided and ap-q 24 proved by the Commission, or, in the case of sites 25 within the boundaries of any agreement State under HR 1970 PCS .
I 77 1 section 274 of the Atomic Energy Act of 1954 (42 2 U.S.C. 2021), by the appropriate State or State en-3 tity, prior to issuance of licenses for low-level radio-4 active waste disposal or, in the case of licenses in ef- l 5 feet on January 7,1983, prior to termination of 6 such licenses.
7 "(2) BONDING, SUllETY, OR OTIIEll FINANCIAL
^ '
8 ARRANGE 3IENTS.-If the (,0mmission determines 9 that any long-term- maiittenance or monitoring, or
^
10 both, will be necessary at a site described in para-g 11 graph (1), the Commission shall ensure before termi-E 12 nation of the license involved that the licensee has 13 made available such bonding, surety, or other finan-14 cial arrangements as may. be necessary to ensure 15 that any necessary long-term maintenance or mon-L 16 itoring needed for such site will be carried out by 17 the person hav'ag title and custody for such site fol-L 18 lowing license termination. l
~
19 "(b) TITLE AND CUSTODY.- j 20 "(1) AUTIIORITY OF SECRETARY.-The Sec- !
i 21 retary shall have authority to assume title and cus-22 tody of low-level radioactive waste and the land on !
23 which such waste is disposed of, upon request of the
. _ . . 24 owner r,f such waste and land and following termi-i I
HR 1970 PCS ,
78 1 nation of the license issued by the Commission for 2 such disposal, if the Commission determines that .
.s.. .. .
3 "(A) the requirements of the Commission 4 for site closure, decommissioning, and decon-5 tamination have been met by the licensee in-6 volved and that such licensee is in compliance 7 with the provisions of subsection (a);
8 "(B) such title and custody will be trans-9 ferred to the Secretary without cost to the Fed-10 eral Government; and 11 "(C) Federal ownership and management 12 of such site is necessary or desirable in order to 13 protect the public health and . safety, and the 14 emironment.
15 "(2) PROTECTIO.N.-If the Secretary assumes 16 title and custSky of any such waste and land under 17 this subsection, the Secretary shall maintain such 18 waste and land in a manner that will protect the 19 public health and safety, and the environment.
20 "(c) SPECIAL SITES.-If the low-level radioactive 21 waste involved is the result of a licensed activity to recover 1
] 22 zirconium, hafnium, and ram earths from source materie.1, 1
l- 23. the Seemtary, upon request of the owner of the site in-l L _%.,,. 24 volved, shall assume title and custody of such waste and l
25 the land on which it is disposed when such site has been HR 1370 PCS
79 1 decontaminated and stabilized in accordance with the re-2 quirements established by the Commission and when such 3 owner has made adequate financial arrangements ap-4 proved by the Commission for the long-term maintenance 5 and monitoring of such site.
I
! 6 "SEC. 507. NUCLEAR REGULATORY COMMISSION TRAINING l
7 AUTHORIZAUON.
8 "The Commission is authorized and directed to pro-9 musgate regulations, or other #ppropriate regulatory guid-
~
10 ance, for the training and qualifications of civilian nuclear -
11 powerplac' operators, supervisors, technicians, and other 12 appropriate operating personnel. Such regulations or guid-1 13 ance shall establish simulator training requirements for 14 applicants for civilian nuclear powerplant operator licenses 15 and for operator requalification programs; requirements 16 governing Commissio'n administration of requalification 17 examinations; requirements for operating tests at civilian l
18 nuclear powerplant simulators, and instructional require-
~ " "#
19 ments for civilian nuclear powerplant licensee personnel 20 training programs.
21 "SEC. 508. ACCEPTANCE SCHEDULE.
22 "The acceptance schedule shall be implemented in ac-23 cordance with the following:
" *WPre h W.M&kkM HR 1270 PCS
80 1 "(1) PRIORITY RANIGNG.-Acceptance priority 2 ranking shall be determined by the Department's
" '~' " ~
3 ' Acceptance Priority Ranking' report.
4 "(2) ACCEPTANCE RATE.-Except as provided 5 in paragraph (5), the Secretary's acceptance rate for 6 spent nuclear fuel shall be no less than the follow-ing: 1,200 MTU in 2002 and 1,200 MTU in 2003, 7
8 2,000 MTU in 2004 and 2,000 MTU in 2005,2,700 o MTU in 2006, and 3,00,0 MTU tliereafter.
10 "(3) OTHER ACCEPTANCES.-In each year, ence 11 the Secretary has achieved the annual acceptance 12 rate for spent nuclear fuel from civilian nuclear 13 power reactors established pursuant to the contracts 14 executed under the Nuclear Waste Policy Act of 15 1982 (as set forth in the Secretary's annual capacity 16 report dated March 1995 (DOE /RW-0457)), the 17 Secretary--
18 "(A) shall accept from spent. nuclear fuel
. . . . . g .- 19' from foreign research reactors and spent nu-20 clear fuel from naval reactors and high-level ra-21 dioactive waste from atomic energy defense ac-22 tivities, an amount of spent nuclear fuel and 23 high-level radioactive waste which is-24 "(i) at least 25 percent of the dif-
~ g.oa % >s esrk: Lits 25 ference between 'such annual acceptance HR 1270 PCS I
81 1 rate and the annual rate specified in para-2 graph (2), or
..y..: ,
3 "(ii) 5 percent of the total amount of 4 spent nuclear fuel and high-level radio-5 active waste actually accepted, 6 whichever is higher. If such amount is less than. .
7 the rate prescribed in the preceding sentence,
'~
8 the Secretary shall accept spent nuclear fuel or 9 high-level radioactive > waste of domastic origin 10 from civilian nuclear power reactors which have 11 permanently ceased operation; and 12 "(B) may, additionally, accept any other 13 spent nuclear fuel or high-level radioactive 14 waste.
15 "(4) Excel riox.-If the annual rate under the 16 acceptance schediil is not achieved, the acceptance 17 rate of the Secretary of the materials described in 18 paragraph (3)(A) shall be the greater of the accept-ance rate prescribed by paragraph (3) and calculated 19 20 on the basis of the amount of spent nuclear fuel and 21 high-level radioactive waste actually received or 5 22 percent of the total amount of spent nuclear fuel 23 and high-level radioactive waste actually accepted.
24 "(5) AIMUSTMENT.-If the Secretary is unable
_ . 3 .,
25 to begin acceptance by January 31,2002 at the rate HR 1370 PCS
l 82
.I specified in paragraph (2) or if the cumulative 2 amount accepted in any year thereafter is less than 3 that which would have been accepted under the rate 4 specified in paragraph (2), the acceptance schedule 5 shall, to the extent practicable, be a@usted upward 6 such that within 5 years of the start of acceptance 7 by the isecretary-8 "(A) the total quantity accepted by the 9 Secretary is consistent with the wtal quantity
,- - 10 that the Secretary would have accepted if the 11 Secretary had begun acceptance in 2002; and J 12 "(B) thereafter the acceptance rate is 13 equivalent to the rate that would be in place
]
14 pursuant to paragraph (2) if the Secretary had 15 commenced, acceptance in 2002.
16 "(6) EddCT ON SCIIEDL*LE.-The acceptance 17 schedule shall not be affected or modi 6ed in any way 18 as a result of the Secretary's acceptance of any ma-
" ~ ~ ~
19 terial other than contract holders' spent nuclear fuel 20 and high-level radioactive waste.
21 "SEC. 509. SUBSEABED OR OCEAN WATER DISPOSAL.
22 "Notwithstanding any other provision of law-23 "(1) the subseabed or ocean water disposal of 24 spent nuclear fuel or high-level radioactive waste is 25 prohibited; and l .
HR 1270 PCS
i .- 83 1 "(2) no funds shall be obligated for any activity 2 relating to the subseabed or ocean water disposal of l , 3 spent nuclear fuel or high-level radioactive waste.
l
5 "If any provision of this Act, or the application of 6 such provision to any person or circumstance, is held to f 7 be invalid, the remainder of this Act, or the application
~ ' ' ' "
8 of such provision to persons or circumstances other than 9 those as to which it is held irivalid, shall not be affected 10 thereby.
I1 "SEC. 511. PURCHASE OF AMERICAN.MADE EQUIPMENT 12 AND PRODUCTS. l 13 "(a) IN GENERAL.-It is the sense of the Congress 14 that, to the greatest extent practicable, all equipment and 15 products purchased wjth funds made available under this 1 16 Act should be AmericNn-made.
17 "(b) NOTICE REQUIREMENT.-In providing financial 18 assistance to, or entering into any contract with, any en-
, u ., , , ,
19 tity using funds made available under this Act, the head
( 20 of each Federal agency, to the greatest extent practicable, 21 shall provide to such entity a notice describing the state-22 ment made in subsection (a) by the Congress.
23 "(c) PROHIBITION OF CONTRACTS WITII PERSONS a uwwaa 24 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.-
25 If it has been finally determined by a court or Federal
. _s l
84 1 agency that any person intentionally affixed a label bear-2 ing a "Made in America" inscription, or any inscription 3 with the same meaning, to any product sold in or shipped 4 to the United States that is not made in the United 5 States, the person shall be ineligible to receive any con-
, 6 tract or subcontract made with funds made available 7 under this Act, pursuant to the debarment, suspension, 8 and ineligibility procedures described in sections 9.400 9 through 9.409 of title 48, Code of Federal Regulations.
. 10 " TITLE VI-NUCLEAR WASTE 11 TECHNICAL REVIEW BOARD 12 'SEC. 601. DEFINITIONS.
13 "For purposes of this title-14 "(1) CILululAN.-The term ' Chairman' means 15 the Chairman of the Nuclear Waste Technical Re-
.i 16 view Board. -
. 17 "(2) BOAllD.-The term ' Board' means the Nu-18 clear Waste Technical Review Board continued
- ~>
19 under section 602.
20 "SEC. 802. NUCLEAR WASTE TECHNICAL REVIEW BOARD.
21 "(a) CONTINUATION OF NUCLEAR WASTE TECII-22 NICAL REVIEW BOARD.-The Nuclear Waste Technical 23 Review Board, established under section 502(a) of the Nu-24 clear Waste Policy Act of 1982 as constituted prior to the
. t.ft> 4ien M J
HR 1270 PCS
85 1 date of enactment of this Act, shall continue in effect sub-2 sequent to the date of enactment of this Act.
e,: . . , . . . ,
3 "(b) ME3111EltS.-
4 "(1) Nr3111Elt.-The Board shall consist of 11 5 members who shall be appointed by the I..sident
-6 not later than 90 days after D% ember 22, 1987,
' ~ ~~
7 from among persons nominated b,' the National 1
.~.....m.
8 Academy of Sciences in accordance .vith pa:agraph 9
(3).
/
"(2) CIIAIIt.-The President shall designate a
~
( , 10 11 member of the Board to serve as Chairman.
12 "(3) NATIONAL ACADE31Y OF SCIENCES.-
13 "(A) No311 NATIONS.-The National Acad-14 emy of Sciences shall, not later than 90 days
. 15 after December 22, 1987, nominate not less 16- than 22 perhons for appointment to the Board 17 from among persons who meet the qualifica-18 tions described in subparagraph (C).
- v tw>4m" 19 "(B) VACANCIES.-The Natior.al Academy 20 of Sciences shall nominate not less than 2 per-21 sons to fill any vacancy on the Board from 22 among persons who meet the qualifications de-23 scribed in subparagraph (C).
24 "(C) NO31INEES.-
l
. 1 HR 1370 PCS
r 86 1 "(i) Each person nominated for ap-l 2 pointment to the Board shall be-
""" ^'
3 "(I) eminent in a field of science 4 or engineering, including environ-
' 5 mental sciences; and 6 "(II) selected solely oa the basis 7 of established records of distinguished
. . . . 8 service.
9 "(ii) Tl el membership of the Board 10 shall be representatives of the broad range 11 of scientific and engineering disciplines re-12 lated to activities under this title.
13 "(iii) No person shall be nominated 14 for appointment to the Board who is an 15 employee of-16 i "(I) the Department of Energy; 17 "(II) a national laboratory under 18 contract with the Depc.rtment of En-19 ergy; or 20 "(III) an entity performing spent 21 nuclear fuel or high-level radioactive 22 waste activities under contract with 23 the Department of Energy.
.. .m ue,..
HR 1270 PCS
n=.;
/.
i 87 1 "(4) VACANCIES.-Any vacancy on the Board i
2 shall be filled by the nomination and appointment i..-...,,.
y .
l 3 process described in paragraphs (1) and (3).
l l
4 "(5) TEIDIS.-Members of the Board shall be ,
l 5 appointed for termt. of 4 years, each such term to
- 6. commence 120 days after December 22,1987, ex- i 7 cept that of the 11 members first appointed to the l
8 Board, 5 shall serve for 2 years and 6 shall serve 9 for 4 years, to be designated by the Presid( .. at the 10 - time of appointment, except that a member of the
! 11 Board whose' term has expired may continue to serve 12 ar, a member of the Board until such member's suc-13 cessor has taken office.
14 "SEC. 603. FUNCTIONS.
15 "The Board shall evaluate the technical and scientific 16 validity of activities undertaken by the Secretary after De-17 cember 22,1987, including-18 "(1) site characterization activities; and L " "~ " '~ ' " 19- "(2) activities relating to the packaging or ,
20 transportation of spent nuclear fuel or high-level ra-L' 21 dioactive waste.
22 "SEC. 004. INVESTIGATORY POWERS. j
. i 73 "(a) HEARINGS.-Upon request of the Chairman or
. , am. .,.,, 24 a majority of the members of the Board, the Board may i 25 hold such hearings, sit and act at such times and places, !
l HR 1270 PCS
88 1 take such testimony, and receive t.ueh evidence, as the 2 Board considers appropriate. Any meuber of the Board 3 may administer oaths or affirmations to witnesses appear-4 ing before the Board.
5 "(b) PRODUCTION OF DOCDIENTS.-
6 "(1) RESPONSE TO INQl'IRIES.-Upon the re-7 quest of the Chairman or a majority of the members 8 of the Board, and subject to existing law, the Sec-9 retary (or any contractor of the Secretary) shall pro-10 vide the Board with such records, files, papers, data, I1 or information as may be .necessary to respond to 12 any inquiry of the Board under this title.
13 "(2) ENTENT.-Subject to existing law, infor-14 mation obtainable under paragraph (1) shall not be 15 limited to final work products.of the Secretary, but 16 shall include di fts of such products and documenta-17 tion of work in progress.
18 "SEC. 805. COMPENSATION OF MEMBERS.
..,_..-a..-
19 "(a) IN GENERAL.-Each member of the Board 20 shall, subject to appropriations, be paid at the rate of pay 21 payable for level III of the Executive Schedule for each 22 day (including travel time) such member is engaged in the 23 work of the Board.
24 "(b) TRAVEL EXPENSES.-Each member of the
,... ,4, e. ,, ,g 25 Board may receive travel expenses, including per diem in HR 1870 PCS i I
i l
f' 1 lieu of subsistence, in the same manner as is permitted 2 under sections 5702 and 5703 of title 5, United States 3 Code.
4 "SEC. 606. STAFF. ,
5 "(a) CLEalCAL STAFF.-
6 "(1) ArTIIORITY OF CIIAIRMAN.-Subject to
. 7 paragraph (2), the Chairman may, subject to appro-
~- - ~ w 8 priations, appoint and fix the compensation of such
~
9 clerical staff as may be n,ecessary to discharge the I
l . 10 responsibilities of the Board.
11 "(2) PROVISIONS OF TITLE 5.-Clerical Staff 12 shall be appointed subject to the provisions of title l
13 5, United States Code, governing appointments in 14 the competitive service, and shall be paid in accord-15 ance with the provisions of chapter 51 and sub-16 chapter III of chhjiIer 3 of such title relating to clas-
. 17 sification and General Schedule pay rates.
l I
18 "(b) PROFESSIONAL STAFF.-
"'-"*W 19 "(1) AL*THORITY OF CIIAIRMAN.-Subject to 20 paragraphs (2) and (3), the Chairman may, subject 21 to appmpriations, appoint and fix the compensation ;
! 22 of such professional staff as may be necessary to 23 discharge the responsibilities of the Board.
$& S YY e a
i l
i HR 1270 PCS
90 1 "(2) ND1BER.-Not more than 10 professional e
2 staff members may be appointed under this sub-
- .. ..a.
3 section.
. 4 "(3) TITLE 5.-Professional staff members may
. s . )
/ 5 be appointed without regard to the provisions of title 6 5, United States Code, governing appointments in 7 the competitive service, and may be paid without re-
, 8 gard to the provisions of chapter 51 and subchapter 4 III of chapter 53 of such title relating to classi5ca-10 tion and General Sch,edule pay rates, except that no 11 individual so appointed may receive pay in excess of 12 the annual rate of basic pay payable for GS-18 of l
13 the General Schedule. !
l 4 "SEC. 607. SUPPORT SERVICES. i 15 "(a) GENERAL SERVICES.-To the extent permitted 16 by law and requested by the Chairman, the Administrator I
17 of General Servicis shall provide the Boani with nece==ary 18 administrative services, facilities, and support on a reim-
,,....4... 19 bursable basis.
20 "(b) ACCOUNTING, RESEARCH, AND TECHNOLOGY 21 ASSESSMENT SERVICES.-The Comptroller General, the 22 Librarian of Congress, and the Director of the Office of 23 Technology Assessment shall, to the extent permitted by 24 law and subject ta the availability of funds, pmvide the mue. w .
25 Board with such facilities, support, funds and services, in-BR ISTO PCS r eme> e ' W
91 1 cluding staff, as may be necessary for the effective per-2 formance of the functions of the Boan1.
3 "(c) ADDITIONAL SUPPORT.-Upon the request of
~ ~ " 4 the Chairman, the Board may secure dimetly from the 1
5 head of any department or agency of the United States 6 information necessary to enable it to carry out this title.
7 "(d) MAILS.-The Boani may use the United States 8 mails in the same manner and under the same conditions i I
9 as other departments and agencies of the United Statu.
~
10 "(e) EXPERTS AND CONSULTANTS.-Subject to such j
11 rules as may be prescribed by the Board, the Chairman 12 'may, subject to appropriations, pmeure temporary and l 13 intermittent services under section 3109(b) of title 5 of 14 the United States Code, but at rates for individuals not 15 to exceed the daily equhalent of the maximum annual rate l 16 of basic pay payable for GS-18 of the General Schedule.
j 17 "SEC. 808. REPORT.
18 "The Boani shall report not less than 2 times per
' ~ ~'"
i 19 year to Congress and the Secretary its findings, conclu-20 sions, and mcommendations.
.o 21 "SEC. 809. AUTHORIZATION OF APPROPRIATIONS.
22 "There are authorized to be appropriated for expendi-23 tures such sums as may be necessary to carry out the pro-
%..m .,2 , 24 visions of this title. ,
l 1
BE 1970 PCS I
5_
1 "SEC. 610. TERMINATION OF THE BOARD.
2 "The Board shall cease to exist not later than one
~~ ~ ~
3 year after the date on which the Secretary begins disposal 4 of spent nuclear fuel or high-level radioactive waste in the 5 repository.
6 " TITLE VII-MANAGEMENT 7 REFORM
< 8 "SEC. 701. MANAGEMENT REFORM INITIATIVES.
9 "(a) IN GENERAL.-T,he Secretary is directed to take 10 actions as necessary to improve the management of the I1 civilian radioactive waste management program to ensure 12 that the program is operated, to the maximum extent 13 practicable, in like manner as a private business.
14 "(b) SITE C!IARACTERIZATION.-The Secretary shall
[ 15 employ, on an on-going basis, integrated performance 16 modeling to identif[ appropriate parameters for the re-17 maining site che acterization effort and to eliminate stud-18 ies of parameters that are shown not to affect long-term
.c --~ 19 repository performance.
20 "SEC. 702. REPORTING.
, 21 "(a) INITIAL REPORT,-Within 180 days of the date 22 of enactment of this Act, the Secretary shall report to 23 Congress on its planned actions for implementing the pro-24 visions of this Act, including the development of the Inte- l
.~,...~w
\
25 grated Waste Management System. Such report shall in-26 clude-HR 1270 PCS
A
\ .'
L 93 1 "(1) an analysis of the Secretary's progress in 2 meeting its statutory and contractual obligation to 3 accept title to, possession of, and delivery of spent l 4 nuclear fuel and high-level radioactive waste begin-5 ning no later than January 31, 2002, and in accord-6 ance with the acceptance schedule; 7 "(2) a detailed schedule and timeline showing 8 each action that the Secretary intends to take to
- 9 meet the Seemtary's obligations under this Act and l
10 the contracts; I1 "(3) a detailed description of the Secretary's
! f 12 contingency plans in the event that the Secretary is
- /
13 unable to meet the planned schedule and timeline; 14 and -
15 "(4) an r talysis by the Secretary of its funding 16 needs for fiscal y5 rs 1996 through 2001.
17 "(b) ANNUAL RraonTs.-On each anniversary of the
[ 18 submittal of the report mquired by subsection (a), the Sec-
\ <- "*-w 19 retary shall make annual reports to the Congress for the
'N 20 purpose of updating the information contained in such m-l 21 port. The annual reports shall be brief and shall notify l 22 the Congmss of-23 "(1) any modifications to the Secretary's sched-24 ule and timeline for meeting its obligations under 25 this Act; HR 1970 PCS
11 May 6,1997 I l
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Ordered to be printed as passed l
1 i
l 105TII CONGRESS 1sT SESSION AN ACT To amend the Nuclear Waste Policy Act of 1982.
1 Be it enacted by the Senate and House of Representa- ,
i 2 tives of the United States ofAmerica in Congress assembled,
2 1 That the Nuclear Waste Policy Act of 1982 is amended 2 to read as follows:
3 "SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
4 "(a) SilORT TITLE.-This' Act may be cited as the 5 ' Nuclear Waste Policy Act of 199T.
6 "(b) TABLE OF CONTENTS.-
"Sec.1. Short title and table of contents.
"Sec. 2. Definitions.
" TITLE 1,-OBLIGATIONS "See.101. Obligations of the Secretary of Energ.
" TITLE Il-INTEGRATED 31ANAGE31ENT SYSTE3I "Sec. 201. Intermmlal transfer.
"Sec. 202. Transportation planning.
"Sec. 203. Transportation requirements.
"Sec. 204. Viability assessment and Presidential determination "Sec. 205. Interim storage facility.
"Sec. 206. Permanent repository.
"Sec. 207. Compliance with the National Emironmental Policy Act.
"Sec. 208. Land withdrawal.
"T,lTIIE III-LOCAL RELATIONS "Sec. 301. Financial assistance.
"Sec. 302. On-Site Re'presentative.
"See. 303. Acceptance of benefits.
"Sec. 304. Restrictions on use of funds.
"Sec. 305. Land conveyances.
" TITLE IV-FUNDING AND ORGANIZATION "Sec. 401. Program funding.
"Sec. 402. Office of Civilian Radioactive Waste llanagement.
"Sec. 403. Federal contribution.
" TITLE V-GENERAL AND allSCELLANEOUS PROVISIONS "Sec. 501. Compliance with other laws.
"Sec. 502. Judicial miew of agency actions.
"Sec. 503. Licensing of facility expansions and transshipments.
"Sec. 504. Siting a second repository.
"Sec. 505. Financial arrangements for low-level radioactive waste site closure.
"Sec. 506. Nuclear Regulatory Commission training authority.
"Sec. 507. Emplacement schedule.
"Sec. 508. Transfer of title.
"Sec. 509. Decommissioning Pilot Program.
"Sec. 510. Water rights. ,
3
" TITLE VI-NUCLEAR WASTE TECllNICAL ltEVIEW llOARD "See 601. Definitions.
"See. 602. Nuclear Waste Technical Review floant.
"Sec. 603. Functions.
"Sec. 604. Investigatory powers.
"Sec. 605. Compensation of members.
"Sec. 606. Staff.
"Sec. 607. Support senices.
"Sec. 608. Report.
"Sec. 609. Authorization of appropriations.
"Sec. 610. Termination of the board.
" TITLE VII-31ANAGE31ENT REF0lOI "Sec. 701. Slanagement reform initiatives.
"Sec. 702. Reporting.
" TITLE VIII-311SCELLANEOUS "Sec. 801. Sense of the Senate.
"Sec. 802. Effective date.
I "SEC. 2. DEFINITIONS.
2 "For nurposes of this Act:
3 "(1) ACCEPT, ACCEPTANCE.-The terms 'ac-4 cept' and ' acceptance' mean the Secretary's act of 5 taking possession 6fspent nuclear fuel or high-level 6 radioactive waste.
7 "(2) AFFECTED INDIAN TRIllE.-The term 'af-8 fected Indian tribe' means any Indian tribe-9 "(A) whose reservation is surrounded by or 10 borders an affected unit of local government, or 11 "(B) whose federally defined possessory or !
12 usage rights to other lands outside of the res- ,
13 ervation's boundaries arising out of congres- l 14 sionally ratified treaties 'may be substantially 15 and adversely affected by the locating of an in- i 16 terim storage facility or a repository if the Sec- l l
+ c in4 op
4 1 retary of the Interior finds, upoli the petition of 2 the appropriate governmental offiehls of the 3 tribe, that such effects are both , substantial and 4 adverse to the tribe.
5 "(3) AFFECTED UNIT. OF LOCAL GOVERN-6 31ENT.-The term 'affected unit of local government' 7 means the unit of local government with jurisdiction 8 over the site of a repository or interim storage facil-9 ity. Such term may, at the discretion of the Sec-10 retary, include other units of local government that 11 are contiguous with such unit.
12 "(4) ATO.MIC ENERGY DEFENSE ACTIVITY.-
13 The term ' atomic energy defense activity' means any 14 activity of the Secretary perNmed in whole or in 15 part in carrying out any of the following functions:
16 "(A) Naval reactors development.
17 ;B) Weapons activities including defense 18 inertial confinement fusion.
19 "(C) Verification and control technology.
20 "(D) Defense nuclear materials produc-21 tion.
22 "(E) Defense nuclear waste and materials 23 byproducts management.
24 "(F) Defense nuclear materials security 25 and safeguards and security investigations.
+ S 104 PP
5 1 "(G) Defense research and development.
2 "(5) CIVILIAN NUCLEAll POWElt itEACTOlt.-
3 The term ' civilian nuclear power reactor' means a ci-4 vilian nuclear power plant required to be licensed 5 under section 103 or 104 b. of the Atomic Energy 6 Act of 1954 (42 U.S.C. 2133, 2134(b)). 1 7 "(6) CO31311ssION.-The term ' Commission' ;
8 means the Nuclear Regula, tory Commission.
9 "(7) CONTRACTS.-The term ' contracts' means )
i 10 the contracts, executed prior to the date of enact- !
l 11 ment of the Nuclear Waste Policy Act of 1997, d 12 under section 302(a) of the Nuclear Waste Policy 13 Act of 1982, by the Secretary and any person who ;
14 generates or holds title to spent nuclear fuel or high-15 level radioactive pa'ste of domestic origin for accept- ,
1 16 ance of such waste or fuel by the Secretary and the I 17 payment of fees to offset the Secre'tary's expendi-18 tures, and any subsequent contracts executed by the '
19 Secretary pursuant to section 401(a) of this Act.
20 "(8) CONTRACT HOLDERS.-The term ' contract i 21 holders' means parties (other than the Secretary) to 22 contracts.
23 "(9) DEPART 31ENT.-The term ' Department' 24 means the Department of Energy.
f t S 104 PP
6 1 "(10) Disposal.-The term ' disposal' means 2 the emplacement in a repository of-spent nuclear 3 fuel, high-level radioactive waste, or other highly ra-4 dioactive material with no foreseeable intent of re-5 covery, whether or not such emplacement permits re-6 covery of such material for any future purpose, 7 "(11) DISPOSAL SYSTEM.-The term ' disposal 8 system' means all natural barriers and engineered 9 barriers, and enginc .ed systems a..a components, 10 that prevent the release of radionuclides from the re-11 pository.
12 "(12) EMPLACEMENT SCIIEDULE.-The term 13 ' emplacement schedule' means the schedule estab-14 lished by the Secretary in accordance with section 15 507(a) for ehiplacement of spent nuclear fuel and
[ 16 high-level radioactive waste at the interim storage 17 facility.
18 "(13) ENGINEERED BARRIERS AND ENGI-19 NEERED SYSTEMS AND COMPONENTS.-The ternis 20 ' engineered barriers' and ' engineered systems and i
21 components', mean man-made components of a dis-22 posal system. These terms include the spent nuclear 23 fuel or high-level radioactive waste form, spent nu-24 clear fuel package or high-level radioactive waste t R 1M PP
I 1
l 1 package, and other materials placed over and around 2 such packages.
3 "(14) HIGII-LEVEL RADIOACTIVE WASTE.-The 4 term 'high-level radioactive waste' means-5 "(A) the highly radioactive material result-6 ing from the reprocessing of spent nuclear fuel, 7 including liquid waste produced directly in re-8 processing and any solid material derived from
~
9 such liquid waste that contains fission products 10 in sufficient concentrations; and 11 "(B) other highly radioactive material that 12 the Commission, consistent with existing law, 13 determines by rule requires permanent isola-14 tion, which includes any low-level radioactive 15 waste with concentrations of radionuclides that 16 exceed the limits established by the Commission 17 for class " radioactive waste, as defined by sec-18 tion 61.55 of title 10, Code of Federal Regula-19 tions, as in effect on January 26,1983.
20 "(15) FEDERAL AGENCY.-The term ' Federal 21 agency' means any Executive agency, as defined in 22 section 105 of title 5, United States Code.
23 "(16) INDIAN TRIBE.--The term ' Indian tribe' 24 means any Indian tribe, band, nation, or other orga-25 nized group or community of Indians recognized as
f I
i 4
i l 8 i
1 eligible for the senices provided to Indians by the l
! 2 Secretay of the Interior because of their status as 3 Indians including any Alaska Native village, as de-4 fined in section 3(c) of the Alaska Native Claims I
5 Settlement Act (43 U.S.C.1602(c)).
6 "(17) INTEGRATED .\lANAGE31ENT SYSTE31.-
7 The term ' integrated management system' means 8 the system developed, by the Secretary for the ac-9 ceptance, transportation, storage, and disposal of 10 spent nuclear fuel and high-level radioactive waste 11 under title II of this Act.
12 "(18) INTERI31 STORAGE FACILITY.-The term 13 ' interim storage facility' means a facility designed 14 and constructed for the receipt, handling, possession, 15 safeguarding [$nd storage of spent nuclear fuel and 16 high-level radioactive waste in accordance with title 17 II of this Act.
18 "(19) INTEIUM STORAGE FACILITY SITE.-The 19 term ' interim storage facility site' means the specific 20 site within Area 25 of the Nevada Test Site that is 21 designated by the Secretary and withdrawn and re-l 22 served in accordance with this Act for the location l
23 of the interim storage facility.
_ _ _ _ ~
9 1 "(20) LOW-LEVEL RADIOACTIVE WASTE.-The 2 term ' low-level radioactive waste' means radioactive 3 material that-4 "(A) is not spent- nuclear fuel, high-level 5 radioactive waste, transuranic waste, or byprod- J l 6 uct material as defined in section 11 e.(2) of L 7 the Atomic Energy ' Act of 1954 (42 U.S.C.
)
8 2014(e)(2)); and - ,
. 9 "(B) the Commission, consistent with ex-10 isting law, classifies as low-level radioactive 11 waste.
12- "(21) . METRIC TONS URANIU31.-=-The - terms 13 ' metric tons uranium' and 'MTU' means the amount -
14 of uranium in the original unirradiated fuel element 15 whether or not th'e ' spent nuclear fuel has been re-processed.
16-17- "(22) NUCLEAR. WASTE FUND.-The terms 18 ' Nuclear Waste Fund' and ' waste fund' mean the J
19 nuclear waste fund established in the United States 20 Treasury prior to the date of enactment of this Act 21 under section 302(c) of'the Nuclear Waste Policy 22 Act of 1982.
L 23 "(23) OFFICE.-The term ' Office' means the l
24 Office of Civilian Radioactive Waste Management es-25 tablished within the Department prior to the date of l
10 1 enactment of this Act under the provisions of the 2 Nuclear Waste Policy Act of 1982.
3 "(24) PROGRAM .WPROACII.-The term ' pro-4 gram approach' means the Civilian Radioactive 5 Waste Management Program Plan, dated May 6, 6 1996, as modified by this Act, and as amended from 7 time to time by the Secretary in accordance with 8 this Act.
9 "(25) REPOSITORY.-The term ' repository' 10 means a system designed and constructed under title 11 II of this Act for the geologic disposal of spent nu-12 elear fuel and high-level radioactive waste, including 13 both surface and subsurface areas at which spent 14 nuclear fuel and high-level radioactive waste receipt, 15 handling, po'ssession, safeguarding, and storage are 16 conducted.
17 "(26) SECRETARY.-The term ' Secretary' 18 means the Secretary of Energy.
19 "(27) SITE CIIARACTERIZATION.-The term 20 ' site characterization' means activities, whether in a 21 laboratory or in the field, undertaken to establish l 22 the geologic condition and the ranges of the param-1 I
23 eters of a candidate site relevant to the location of 24 a repository, including borings, surface excavations, 25 excavations of exploratory facilities, limited sub-
- 4. uu 6 l
1
11 1 surface lateral excavations and borings, and in situ 2- testing needed to evaluate the licensability of a can-3 didate site for the location of a repository, but not 4 including preliminary borings and geophysical test-5 ing needed to assess whether site characterization 6 should be undertaken.
7 "(28) SPENT NUCLEAR FUEL.-The term 8 ' spent nuclear fuel' meang fuel that has been with--
1
. 9 drawn from a nuclear reactor following irradiation, 10 the constituent elements of which have not been sep-11 arated by reprocessing.
1 12 "(29) STORAGE.-The term ' storage' means re-l l
13 tention of spent nuclear fuel or high-level radioactive 14 waste with the intent to recover such waste or fuel 15 for subsequent usk, processing, or disposal.
16 "(30) WITilDIMWAL.-The term ' withdrawal' 17 has the same de5nition as that set forth in section 18 103(j) of the Federal Land Policy and Management 19 Act of 1976 (43 U.S.C.1702(j)).
20 "(31) YUCCA MOUNTAIN SITE.-The term 21 ' Yucca Mountain site' means the area in the State 22 of Nevada that is withdrawn and reserved in accord-23 ance with this Act for the location of a repository.
t
+ e SM pp
h' I 12 1 "(32) AmuNIsTnaTolt.--The term 'Adminis-2 trator' means the Administrator of the Emiron-3 mental Protection Agency.
4 "(33) SUITABLE.-The term ' suitable' means 5 that there is reasonable assurance that the site fea-6 tures of a repository and the engineered barriers 7 contained therein will allow the repository, as an
[ 8 overall system, to prmide containment and isolation 9 of radionuclides suffkcient to meet applicable stand-10 ards for protection of public health and safety.
I1 " TITLE I-OBLIGATIONS 12 "SEC.101. OBLIGATIONS OF THE SECRETARY OF ENERGY.
13- "(a) Disposal.-The Secretary shall develop and op-14 erate an integrated management system for the storage 15 and permanent dis'posal of spent nuclear fuel and high-
- 16. level radioactive waste.
17 "(b) INTEltl.\1 STOltAGE.-The Secretary shall store 18 spent nuclear fuel and high-level radioactive waste from 19 facilities designated by contract holders at an interim stor-20 age facility pursuant to section 205 in accordance with 21 the emplacement schedule, beginning no later than 18 l
22 months after issuance of a license for an interim storage 23 facility under section 205(g).
24 "(c) TRANSPOllTATION.-The Secretary shall provide 1
25 for theitransportation of spent nuclear fuel and high-level j .-
+s m er
13 1_ radioactive waste accepted by the Secretary. -The See-2 retary shall procure all systems and components necessaiy 3 to transport spent nuclear fuel and high-level radioactive-4 waste from facilities designated by contract holders to and 5 among. facilities comprising the Integrated Management 6 System. Consistent with the Buy American Act (41 U.S.C.
7 10a-10c), unless the Secretary shall determine it to be j 8 inconsistent with the public interest, or the cost to be un-9 reasonable, all such systems and components procured by 10 the Secretary shall be manufactured in the United States, 11 with the_ exception of any transportable storage systems L 12 purchased by contract holders prior lto the effective date f 13 of the Nuclear Waste Policy Act-of 1997 and procured-14 by the Secretary from such contract holders for use in the 15 integrated management system.
16 "(d) INTEGRATED MANAGEMENT SYSTE. T I.-The j
17 Secretary shall expeditiously pursue the development of 18 each component of the integrated management system, i
19 and in so doing shall seek to utilize effective private sector 20 management and contracting practices. l 21 "(e) PRIVATE SECTOR PARTICIPATION.-In admin-22 istering the Integrated Management System, the Sec-23 retary shall, to.the maximum extent possible, utilize, em-24 ploy, procure and contract with, the private sector to fulfill e
!,c
14 l
1 the Secretary's obligations and requirements under this 2 Act.
3 "(f) PRE-EXISTING RicIITs.-Nothing in this Act is 4 intended to or shall be construed to modify-5 "(}) any right of a contract holder under see-6 tion 302(a) of the Nuclear Waste Policy Act of 7 1982, or under a contract executed prior to the date 8 of enactment of this Act under that section; or
^
"(2) obligations imposed upon the Federal Gov-10 ernment by the United States District Court of l 11 Idaho in an order entered on October 17,1995 in l 12 United States v. Batt (No. 91-0054-S-EJL).
13 "(g) LIABILITV.-Subject to subsection (f), nothing 14 in this Act shall be construed to subject the United States l 15 to financial liabili_ty'for the Secretary's faihtre to meet any i :
I 16 deadline for the acceptance or emplacement of spent nu-17 clear fuel or high-level radioactive waste for storage or dis-l 18 posal under this Act.
19 " TITLE II-INTEGRATED MANAGEMENT 20 SYSTEM 21 "SEC. 201. INTERMODAL TRANSFER.
22 "(a) ACCESS.-The Secretary shall utilize heavy-haul 23 truck transport to move spert nuclear fuel and high-level 24 radioactive waste from the mainline rail line at Caliente, 25 Nevada, to the interim storage facility site.
t S 104 PP
15 1 "(b) CAPABIUTV DATE.-The Secretary shall de-4 2 velop the capability to commence rail to truck intermodal-3 transfer at Caliente, Nevada,- no later than 18 months y 4 after issuance of a license under section 205(g) for an in-5 terim storage facility designated under section 204(c)(1).
6 Intermodal transfer and related activities are incidental to
, 7 the interstate transpo'.tation of spent nuclear fuel and 8 high-level radioactive waste.
9 "(c) ACQusITIONs.-The Secretary shall acquire 10 lands and rights-of-way necessary to commence intermodal 11 transfer at Caliente, Nevada.
l' 12 "(d) REPLACEMENTS.-The Secretary shall acquire o
I i 13 and develop on behalf of, and dedicate to, the City of 14 Caliente, Nevada, parcels of land and right-of-way within 15 Lincoln County, Nevada [$s required to facilitata replace-16 ment of land and city. wastewater disposal facilities nee-17 essary to commence intermodal transfer pursuant to thi:
18 Act. Replacement of land and city wastewater disposal _ac-
, 19 tivities shall occur no later than 2 years after the effective l
20 date of this section.
21 "(e) NOTICE AND MAP.-No' later than 6 months
[ 22 after the effective date of this section, the Secretary 23 shall-J
. l t S 304 PP
16 1 "(1) publish in the Federal Register a notice 2 containing a legal description of the sites and rights-3 of-way to be acquired under this subsection; and 4 "(2) file copies of a map of such sites and 5 rights-of-way with the Congress, the Secretary of the 6 Interior, the State of Nevada, the Archivist of the 7 United States, the Board of Lincoln County Com-8 missioners, the Board of Nye County Commis-9 sioners, and the Caliente City Council.
10 Such map and legal description shall have the same force 11 and effect as if they were included in this Act. The See-12 retary may correat clerical and typographical errors and 13 legal descriptions and make minor acUustments in the 14 boundaries.
15 "(f) bli'nOVE.TI'ENTs.-The Secretary shall make im-16 provements to existing roadways selected for heavy-haul 17 truck transport between Caliente, Nevada, and the interim 18 storage facility site as necessary to facilitate year-round 19 safe transport of spent nuclear fuel and high-level radio-20 active waste.
21 "(g) LOCAL GOVERNMENT INVOLVE.TIENT.-The 22 Conunission shall enter into a Memorandum of Under-23 standing with the City of Caliente and Lincoln County, 24 Nevada, to provide advice to. the Commission regarding 25 intermodal transfer and to facilitate on-site representa-
) t S 104 PP I
1 L _ _ ___-- - -_
a i
i 17 1 tion. Reasonable expenses of such representation shall be ,
2 paid by the Secretary. ,
3 "(h) BENEFITS AGREEMENT.-
4 "(1) IN GENEllAL.-The Secretary shall offer to 5 enter into an agreement with the City of Caliente 6 and Lincoln County, Nevada concerning the inte-7 grated management system.
8 "(2) AGREEMENT CONTENT. .A .y agreement 9 shall contain such terms and conditions, including 10 such financial and institutional arrangements, as the 11 Secretary and agreement entity determine to be rea-12 sonable and appropriate and shall contain such pro-13 visions as are necessary to preserve any right to par-14 ticipation or compensation of the City of Caliente 15 and Lincoln CountyiNevada.
16 "(3) AMENDMENT.-An agreement entered into 17 under this subsection may be amended only with the 18 mutual consent of the parties to the amendment and 19 terminated only in accordance with paragraph (4).
20 "(4) TEIOHNATION.-The Secretary shall ter-21 minate the agreement under this subsection if any 22 major element of the integrated management system !
23 may not be completed.
24 "(5) LunTATION.-Only 1 agreement may be 25 in effect at any one time.
S 104 PP 2 l
18 1 "(6) JUDICIAL llEVIEW.-Decisions of the Sec-2 retary under this section are not subject to judicial 3 review.
4- "(i) CONTENT OF AGREEMENT.-
5 "(1) SCIIEDULE.-In addition to the benefits to 6 which the City of Caliente and Lincoln County is en-7 titled to under this title, the Secretary shall make 8 payments under the lyenefits agreement in accord-
. 9 ance with the following schedule:
BENEFITS SCHEDULE (amounts in milhons)
Event Payment (A) Annual paymants prior to first receipt of spent fuel $2.5 (U) Annual payments beginnir.g upon first spent fuel necipt $5 (C) rayment upon closure of the intermodal transfer facility $5 10 "(2) DEFINITIONS.-For purposes.of this see-11 tion, the terme 12 "(A) ' spent fuel' means high-level radio-13 active waste or spent nuclear fuel; and 14 "(B) 'first spent fuel receipt' does not in-15 clude receipt of spent fuel or high-level radio-16 active waste for purposes of testing or oper-17 ational demonstration.
18 "(3) ANNUAL PADIENTS.-Annual payments 19 prior to Brst spent fuel receipt under paragraph L
20 (1)(A) shall be made on the date of execution of the l
21 bene 5ts agreement and thereafter on the anniver-22 sary date of such execution. Annual payments a#ter .
19
-1 the first spent fuel receipt until closure of the facil-2 ity under paragraph (1)(C) shall be made on the an-3 niversary date of such first spent fuel receipt.
4 "(4) REDUCTION.-If the first spent fuel pay-5 ment under paragraph (1)(B) is made within 6 6 months after the last annual payment prior to the 7 receipt of spent fuel under paragraph (1)(A), such 8 first spent fuel payment 3mder paragraph (1)(B) 9 shall be reduced by an amount equal to 1/12 of such l
10 annual payment under paragraph (1)(A) for each 11 full' month less than 6 that has not elapsed since the 12 last annual payment under paragraph (1)(A).- .,
13 "(5) RESTRICTIONS.-The Secretary may not 14 restrict the purposes for which the. payments under 15 this section may bA used. j 16 "(6) DISPUTE.-In the event of a dispute con-17 cerning such agreement, the Secretary shall resolve 18 such dispute, consistent with this Act and applicable 19 State law.
20 "(7) CONSTRUCTION.-The signature of the 21 Secretary on a valid benefits agreement under this 22 section shall constitute a ecmmitment by the United 23 States to .make payments in accordance with such 24 agreement under section 401(c)(2).
25 "(j) INITut LAND CONVEYANCES.-
E 20 1 "(1) CONidYANCES OF PUBLIC LANDS.-One
! 2 hundred and twenty days after enactment of this i
3 Act, all right, title and interest of the United States 4 in the property described in paragraph (2), and im-5 provements thereon, together with all necessary 6 easements for utilities and ingress and egress to 7 such property, including, but not limited to, the
- t 8 right to improve those easements, are conveyed by 9 operation of law to the County of Lincoln, Nevada, 10 unless the county notifies the Secretary of the Inte-11 rior or the head of such other appropriate agency in 12 writing within 60 days of such date of enactment ,
l a i
13 that it elects not to take title to all or any part of 14 the property, except that any lands conveyed to the 15 County of Lincoln under this subsection that are l .
16 subject to a Federal grazing permit or lease or a l
17 similar federally granted permit or lease shall be -
18 conveyed b ween 60 and 120 days of the carliest time the Federal agency administering or granting 'I 19 20 the permit or lease would be able to legally termi-21 nate such right under the statutes and regulations 22 existing at the date of enactment of this Act, unless 23 Lincoln County and the affected holder of the permit 24 or lease negotiate an agreement that allows for an ,
- (
25 earlier conveyance.
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21 1 "(2) SPECIAL CONVEUNCEs.-Notwithstanding 2 any other law, the following public lands depicted on 3 the maps and legal descriptions dated October 11, 4 1995, shall be conveyed under paragraph (1) to the 5 County of Lincoln, Nevada: ,
6 Map 10: Lincoln County, Parcel M, Indus-7 trial Park Site 8 Map 11: Lincoln . County, Parcel F, Mixed I 9 Use Industrial Site 10 Map 13: Lincoln County, Parcel J, Mixed 11 Use, Alamo Community Expansion Area 1
12 Map 14: Lincoln County, Parcel E, Mixed
)
13 Use, Pioche Community Expansion Area i l
14 Map 15: Lincoln County, Parcel B, Land-15 fill Expansionb te.
16 "(3) CONsTacCTION.-The maps and legal de-17 scriptions of special conveyances referred to in para-18 graph (2) shall have the same force and effect as if 19 they were included in this Act. The Secretary may 20 correct clerical and typographical errors in the maps i 21 and legal descriptions and make minor adjustments 22 in the boundaries of the sites.
23 "(4) EVIDENCE OF TITLE TRANSFER.-Upon 24- the request of the County of Lincoln, Nevada, the 4 f4 eA9 99W4
22 1 Secretary of the Interior shall provide evidence of 2 title transfer.
3 "(k) This section shall become effective on the 4 on which the Secretary submits a license application under 5 section 205 for an interim storage facility at a site des-6 ignated under section 204(c)(1).
7 "SEC. 202. TRANSPORTATION PLANNING.
8 "(a) TnAxsronTAT,Io:: READINESS.-The See-9 retary-10 "(1) shall take such actions as are necessary 11 and appropriate to ensure that the Secretary is able 12 to transport safely spent nuclear fuel and high-level 13 radioactive waste from sites designated by the con-14 tract holders to mainline transportation facilities 15 and from thiinainline transportation facilities to the 16 interim storage facility or repository, using routes 17 that minimize, to the maximum practicable extent 18 consistent with Federal requirements governing 19 transportation of hazardous materials, transpor-20 tation of spent nuclear fuel and high-level radio-21 active waste through populated areas; and 22 "(2) not later than 24 months after the Sec-23 retary submits a license application under section L
24 205 for an interim stora'ge facility shall, in consulta-25 tion with the Secretary of Transportation and af-t
23 1 fected States and tribes, and after an opportunity ;
2 for public comment, develop and implement a com-i 3 prehensive management plan that ensures safe l 1
4 transportation of spent nuclear fuel and high-level l 5 radioactive waste from the sites designated by the contract holders to the interim storage facility site.
6 l 7 "(b) TRANSPORTATION PLANNING.-
8 "(1) IN GENEstAL.-In conjunction with the de-9 velopment of the logistical plan in accordance with 10 subsection (a), the Secretary shall updat.e and mod-I 11 ify, as necessary, the Secretary's transportation in-
)
12 stitutional plans to ensure that institutional issues ]
13 are addressed and resolved on a schedule to support 14 the commencement of transportation of spent nu-15 clear fuel and Idgh-level radioactive waste to the in-16 terim storage facility.
17 "(2) MAT"ERS TO BE ADDRESSED.-Among 18 other things, planning under paragraph (1) shall 19 provide a schedule and process for addressing and implementing, as necessary-20 21 "(A) transportation routing plans; 22 "(B) transportation contracting plans; 23 "(C) transportation training in accordance 24 with section 203; i
l
1 24 1 "(D) public education regarding transpor-2 tation of spent nuclear fuel and high-level ra-3 dioactive waste; and 4 "(E) transportation tracking programs.
5 "(c) S!HPPING CAMPAIGN - TRANSPORTATION l
6 PLANS.-
7 "(1) IN GENERAL.-The Secretary shall develop 8 a transpcrtation plan >for the implementation of each l
9 shipping campaign (as that term is defined .by the 10 Secretary) from each site at which high-level nuclear 11 waste is stored, consistent with the principles and 12 procedures stated in. Department of Energy Order 13 No. 460.2 and the Program Manager's Guide.
1 l 14 "(2) REQUIREMENTS.-A shipping campaign l 15 tramsportatio'n plan shall-
! 16 "(A) be fully integrated with State and 17 tribal government notification, inspection, and 18 emergency response plans along the preferred l
19 shipping route or State-designated alternative 20 route identified under subsection (d) (unless the 21 Secretary certifies in the plan that the State or 22 tribal government has failed to cooperate in 23 fully integrating the shipping campaign trans-24 portation plan with the applicable State or trib-25 al government plans); and
(
L 25 1 "(B) be consistent with the principles and 2 procedures developed for the safe transportation l
3 of transuranie waste to the Waste Isolation l
4 Pilot Plant (unless the Secretary certifies in the 5 plan that a specific principle or procedure is in-6 consistent with a provision of this Act).
7 "(d) SAFE SIHPPING ROUTES AND MODES.-
8 "(1) IN GENERAL.-The Secretary.shall evalu-9 ate the relative' safety of the proposed shipping ,
L 10 routes and shipping modes from each shipping origin t
11 to the interim storage facility or repository com-12 pared with the safety of alternative modes and 13 routes.
14 "(2) CONSIDERATIONS.-The evaluation under z
15 paragraph (1) shall be conducted in a manner con-16 sistent with regulations promulgated by the Sec-i 17 retary of Transportation under authority of chapter 18 51 of title 49, United States Code, and the Nuclear 19 Regulatory Commission under authority' of the i 20 Atomic Energy Act of 1954 (42 U.S.C. 2011 et 21 seq.), as applicable.
22 "(3) DESIGNATION OF . PREFERRED SIIIPPING 23 ROUTE AND MODE.-Following the evaluation under 24 paragraph (1), the Secretab shall designate pre-7 25 ferred shipping routes and modes from each civilian j
26 1 nuclear power reactor and Department of Energy fa-2' cility that stores spent nuclear fuel or other high-3 level defense waste.
4 "(4) SELECTION OF PRDIARY SIIIPP NG 5 ROUTE.-If the Secretary designates more than 1 6 preferred route under paragraph (3), the Secretary 7 shall select a primary route after considering, at a 8 minimum, historical gpcident rates, population, sig-
. 9 nificant hazards, shipping time, shipping distance, 10 and mitigating measures such as limits on the speed 11 of shipments.
12 "(5) USE OF PRDIARY SIIIPPING ROUTE AND 13 .slonE.---Except in cases of emergency, for all ship-14 ments conducted under this Act, the Secretary shall 15 cause the pidmary shipping route and mode or 16 State-designated alternative route under chapter 51 17 of title 49, United States Code, to be used. If a 18- route is designated as a primary route for any reac-19 tor or Department of Energy facility, the Secretary 20 may use that route to transport spent nuclear fuel 21 or high-level radioactive. waste from any other reac-L 22 tor or Department of Energy facility.
I i
23 "(6) TRAINING AND TECIINICAL ASSISTANCE.-
24 Following selection of.the primary shipping routes, 25 or State-designated alternative routes, the Secretary l
1 27 1 shall focus training and technical assistance under 2 section 203(c) on those routes.
3 "(7) PREFERRED RAIL ROUTES.-
4 "(A) REGUIATION.-Not later than 1 year 5 after the date of enactment of the Nuclear 6 Waste Policy Act of 1997, the Secretary of
. 7 Transportation, pursuant to authority under 8 other provisions of lay, shall promulgate a reg-
- 9 ulation establishing procedures for the selection 10 of preferred routes for the transportation of 1I spent nuclear fuel and nuclear waste by rail.
12 "(B) INTERIM PROVISION.-During the pe-13 riod beginning on the date of enactment of the 14 Nuclear Waste Policy Act of 1997 and ending 15 on the date? of issuance of a final regulation 16 under subparagraph (A), rail transportation of 17 spent nuclear fuel and high-level radioactive 18 ,
waste shall be conducted in accordance with 19 regulatory requirements in effect on that date 20 and with this section.
21 "SEC. 208. TRANSPORTATION REQUIREMENTS.
22 "(a) PACKAGE CERTIFICATION.-No spent nuclear 23 fuel or high-level radioactive waste may be transported by 24 or for the Secretary under this Act'except in packages that l
25 have been certified for such purposes by the Commission.
l e
a e sna DD
28 1 "(b) STATE NOTIFICATION.-The Secretary shall 2 abide by regulations of the Commission regarding advance 3 notification of State and tribal governments prior to trans-4 portation of spent. nuclear fuel or high-level radioactive 5 waste under this Act.
6 "(c) TECIINICAL ASSISTANCE - .
7 "(1) IN GENERAL.-
"(A) STATEb{ AND INDIAN TRIBES.-As 8
9 provided in paragraph (3), the Secreta,y shall 10 provide technical assistance and funds to States 11 and ' Indian tribes for training of public safety 12 officials of appropriate units of State, local, and 13 tribal government. A State shall allocate to 14 local governments within the State a portion of 15 any fundsihat the Secretary provides to the 16 State for technical assistance and fimding.
17 "(B) E31PLOYEE ORGANIZATIONS.-The 18 Secretary shall provide technical assistance and 19 funds for training directly to nonprofit em-20 ployee organizations and joint labor-manage-21 ment organizations that demonstrate experience 22 in implementing and operating worker health 23 and safety training and education programs 24 and demonstrate the' ability to reach and in-25 volve in training programs target populations of AC 984 DD
L l
L 29 1 workers who are or will be directly engaged in i
2 the transportation of spent nuclear fuel and l
l 3 high-level radioactive waste, or emergency re-4 sponse or post-emergency response with respect
(
- l. 5 to such transportation.
6 "(C) Tiwx1xo.-Training under this sec-7 tion-8 "(i) shall . cover procedures required
. 9 for safe routine transportation of materials 10 and procedures for dealing with emergency 11 response situations; 12 "(ii) shall be consistent with any 13 training standards established by the Sec-14 retary of Transportation under subsection 15 (g); and 16 "(iii) shall include 17 "(I) a training program applica-18 ble to persons responsible for respond-19 ing to emergency situations occurring -
20 during the removal and transportation -
21 of spent nuclear fuel and high-level i 1
22 radioactive waste; j 23 "(II) instruction of public safety I l i
, 24 officers in procedures for the com-l TRIM PP
L '
\
30 i
I mand and control of the response to 2 any incident invohing the waste; and 3 "(III) instruction of radiological 4 protection and emergency medical per-5 sonnel in procedures for responding to l
I 6 an incident invohing spent nuclear l
l 7 fuel or high-level radioactive waste 8 being transported.
l
- 9 "(2) No siire.TIENTS IF NO TIL11NING.-(A) 10 There will be no shipments of spent nuclear fuel and 11 high-level radioactive waste through the jurisdiction 12 of any State or the reservation lands of any Indian 13 tribe eligible for grants under paragraph (3)(B) 14 until the Secretary has made a determination that 15 personnel in ail State, local, and tribal jurisdictions 16 on primary and alternative shipping routes have met 17 acceptable standards of training for emergency re-18 sponses to accidents invohing spent nuclear fuel and 19 high-level nuclear waste, as established by the Sec-20 retary, and unless technical assistance and funds to 21 implement procedures for the safe routine transpor-22 tation and for dealing with emergency response situ 23 ations under paragraph (1)(A) have been availat 24 to a State or Indian tribe for at least 3 years prior 25 to any shipment: Provided, however, That the Sec-
l 31
- 1 retary may ship spent nuclear fuel and high-level ra-2 dioactive waste if technical assistance or funds have 3 not been made available due to (i) an emergency, in-4 cluding the sudden and unforeseen closure of a high-5 way or rail line or the sudden and unforeseen need 6 to remove spent fuel from a reactor because of an
! 7 accident, or (ii) the refusal to accept technical assist-8 ance by a State or Indian tribe, or (iii) fraudulent
. 9 actions which violate Federal law governing the ex-10 penditure of Federal funds.
11 "(B) In the event the Secretary is required to 12 transport spent fuel or high-level radioactive waste 13 through a jurisdiction prior to 3 years after the pro-14 vision of technical assistance or funds to such juris-l 15 diction, the Secredry shall, prior to such shipment, 16 hold meetings in each State and Indian reservation <
17 through which the shipping route passes in order to 18 present initial shipment plans and receive comments.
19 Department of Energy personnel trained' m emer- !
I l 20 gency response shall escort each shipment. Funds l
21 and all Department of Energy training resources 22 shall be made available to States and Indian tribes 23 along the shipping route no later than three months 24 prior to the commencement of shipments: Provided,
( 25 however, That in no event shall such shipments ex-
. .~
I
+ R Ind PP l
32 1 ceed 1,000 metric tons per year: Provided further, 2' That no such shipments shall be conducted more 3 than four years after the effective date of the Nu-4 clear Waste Policy Act of 1997.
5 "(3) GluNTs.-
6 "(A) IN GENERAL.-To implement this 7 section, grants shall be made under section 8 401(c)(2).
9 "(B) GRANTS FOR DEVELOP.TIENT OF 10 PLANS.-
11 "(i) IN GENERAL.-The Secretary 12 shall make a grant of at least $150,000 to 13 each State through the jurisdiction of 14 which and each federally recognized Indian 15 tribe [ihrough the reservation lands of 16 which a shipment of spent nuclear fuel or 17 high-level radioactive waste will be made 18 under this Act for the purpose of develop-19 ing a plan to prepare for such shipments.
20 "(ii) LDilTATION.-A grant si.cIl be 21 made under clause (i) only to a State or a 22 federally recognized Indian tribe that has 23 the authority to respond to incidents in-24 volving shipments of hazardous material.
+ C 1 AJ pp
l l
33 1 "(C) GitANTS FOlt 131PLE31ENTATION OF 2 luxs.-
3 "(i) IN GENEllAL.-Annual implemen-4 tation grants shall be made to States and 5 Indian tribes that have developed a plan to 6 prepare for shipments under this Act 7 under subparagraph (B). The Secretary, in 8 submitting the annual departmental budg-9 et to Congress for funding of implementa-10 tion grants under this section, shall be 11 guided by the State and tribal plans devel-12 oped under subparagraph (B). As part of !
I 13 the Department of Energy's annual budget 14 request, the Secretary shall report to Con-15 gress on 16 "(I) the funds requestod by 17 States and federally recognized Indian l
18 tribes to implement this subsection; I
19 "(II) the amount requested by 20 the President for implementation; and ;
21 "(III) the rationale for any dis-L 22 crepancies between the amounts re-23 quested by States and federally recog- l 24 nized Indian tribes and the amounts
- 25 requested.by the President.
i R 104 PP 3
34 1 "(ii) ALLOCATION.-Of funds avail-2 able for grants under this subparagraph 3 for any fiscal year-4 "(I) 25 percent shall be allocated 5 by the Secretary to ensure minimum 6 funding and program capability levels 7 in all States and Indian tribes based 8 on plans developed under subpara-
- 9 graph (B); and 10 "(II) 75 percent shall be allo-11 cated to States and Indian tribes in 12 proportion to the number of shipment 13 miles that are projected to be made in 14 total shipments under . this Act 15 through each jurisdiction.
16 "(4) AVAILABILITY OF FUNDS FOlt SIIIP-17 31ENTS.-Funds under paragraph (1) shall be pro-18 vided for shipments to an interim storage facility or 19 repository, regardless of whether the interim storage 20 facility or repository is operated by a private entity 21 or by the Department of Energy.
22 "(d) PcnLic EDUCATION.-The Secretary shall con-l 23 duct a program to educate the public regarding the trans-24 portation of spent nuclear fuel and high-level radioactive 25 waste, with an emphasis upon those States, units of local 1
l l
35 1 government, and Indian tribes through whose jurisdiction 2 the Seemtary plans to transport substantial amounts of 3 spent nuclear fuel or high level radioactive waste.
4 "(e) CO3IPLIANCE WITII TRANSPORTATIOx REGULA-5 TION's.-Any person that transports spent nuclear fuel or 6 high-level radioactive waste under the Nuclear Waste Pol-7 icy Act of 1997, pursuant to a contract with the Secretary, 8 shall comply with all requirements governing such trans-9 portation issued by the Federal, State and local govern-10 ments, and Indian tribes, in the same way and to the same 11 extent that any person engaging in that transportation 12 that is in or affects interstate commerce must comply with 13 such requirements, as required by section 5126 of title 49, 14 United States Code.
15 "(f) E31PI 0YEE I OTECTION.-Any person engaged 16 in the interstate commerce of spent nuclear fuel or high-17 level radioactive waste under contract to the Secretary 18 pursuant to this Act shall be subject to and comply fully 19 with the employee protection provisions of section 20109 20 of title.49, United States Code (in the case of employees 21 of raihoad carriers) and section 31105 of title 49, Unite'd 22 States Code'(in the case of employees operating'commer-23 cial motor vehicles), or the Commission (in the case of all 24 other employees).
A g* GMd Mn f.. .
36 1 "(g) TRAINING STANDARD.-(l) No later than 12 2 months after the date of enactment of the Nuclear Waste 3 Policy Act of 1997, the Secretary of Transportation, pur-4 suant to authority under other provisions of law, in con-5 sultation with the Secretary of Labor and the Commission, 6 shall promulgate a regulation establishing training stand-7 ards applicable to workers directly involved in the removal 8 and transportation of spent nuclear fuel and high-level ra-9 dioactive waste. The r'egulation shall specify minimum 10 training standards applicable to workers, including mana-11 gerial personnel. The regulation shall require that the em-12 ployer possess evidence of satisfaction of the applicable 13 training standard before any individual may be employed 14 in the removal and transportation of spent nuclear fuel 15 and high-level radioactive waste.
16 "(2) If the Secretary of Transportation determines, 17 in promulgatNg the regulation required by subparagraph 18 (1), that regulations promulgated by the Commission es-19 tablish adequate training standards for workers, then the 20 Secretary of Transportation can refrain from promulgat-21 ing additional regulations with respect to worker training 22 in such activities. The Secretary of Transportation and the 23 Commission shall work through their Memorandum of Un-24 derstanding to ensure coordination of worker training 25 standards and to avoid duplicative regulation.
t S 104 PP
37
, 1 "(3) The training standards required to be promul-2 gated under subparagraph (1) shall, among other things
' 3 deemed necessary and appropriate by the Secretary of 4 Transportation, incibde the following provisions-5- "(A) a specified minimum number of hours of 6 initial off site instruction and actual field experience 7 under the. direct supervision - of a trained, experi- -
8 enced supervisor;
"(B) a requirement that onsite managerial per-9 L
10 sonnel receive the same training as workers, and a i
-11 minimum. number of additional hours of specialized i
12 training pertinent to their managerial-responsibil-13 ities; and 14 "(C) a training program applicable to persons 15 responsible for hesponding to and cleaning up emer- ,
16 gency situations occurring during the removal and 17 transportation of spent nuclear fuel and high-level 18 radioactive waste.
19 "(4) There is authorized to be appropriated to the 20 Secretary of Transportation, from general revenues, such i
- 21. sums as may be necessary to perform his duties under this 22 subsection. I r e q
38 1 "SEC. 204. VIABILITY ASSESSMENT AND PRESIDENTIAL DE-2 TERMINATION.
3 "(a) VLuuLITY ASSESSMENT.-No later than De-4 cember 1,1998, the Secretary shall provide to the Presi-5 dent and to the Congress a viability assessment of the 6 Yucca Mountain site. The viability assessment shall in-7 clude 8 "(1) the preliminary design concept for the crit-9 ical elements of the repository and waste package; 10 "(2) a total system performance assessment, 11 based upon the preliminary design concept in para-12 graph (1) of this subsection and the scientific data 13 and analysis available on June 30,1998, describing 14 the probable behavior of the repository relative to 15 the overall. system performance standard under sec-16 tion 206(f) of this Act or, if the standard under see-17 tion 206(f) has not been promulgated, relative to an i
18 estimate by the Secretary of an overall system per-19 formance standard that is consistent with section 20 206(f);
21 "(3) a plan and cost estimate for the remaining 22 work required to complete the license application 23 under section 206(c) of this Act, and 24 "(4) an estimate of the costs to construct and {
25 operate the reposi;ory in accordance with the pre-f 1
I
-e one nn
59 1 liminary design concept in paragraph (1) of this sub-2 section. I 3 "(b) PRESIDENTIAL DETEIOllNATION.-No later
! 4 than March '1, -1999, the President, in his sole and 5 unreviewable discretion, may make a determination dis-L 6 qualifying the Yucca Mountain site as a repository, based ;
I 7 on the President's views that the preponderance of infor-8 mation available at such time, indicates that the Yucca .
9 Mountain site is not suitable for development of a reposi-10 tory of useful size. If the President makes a determination
'lI under this subsection-12 "(1) the Secretary shall cease all activities (ex-13 cept necessary termination activities).at the Yucca 14 Mountain site and section 206 of this Act shall cease 15 to be in effect; an[
16 "(2) no later than 6 months after such deter-17 mination, the S retary shall report to Congress on 18 the need for additional legislation relating to the j 19 permanent disposal of nuclear waste.
20 "(c) PRELDilNARY SECRETARIAL DESIGNATION OF 21 INTERDi STORAGE FACILITY SITES.-
22 "(1) If the President does not make a deter-l 23 mination under subsection (b) of this section, no l l 24 later than March 31,1999, the Secretary shall make ;
25 a preliminary designation of a specific site within
40 1 Area 25 of the Nevada Test Site for planning and 2 construction of an interim storage facility under see-3 tion 205.
4 "(2) Within 18 months of a determination by 5 the President that the Yucca Mountain site is un-6 suitable for development as a repository under sub-7 section (b), the President shall designate a site for 8 the construction of an interim storage facility. The 9 President shall not" designate the Hanford Nuclear 10 Reservation in the State of Washington, and the Sa-11 vannah River Site and Barnwell County in the State 12 of South Carolina, or the Oak Ridge Reservation in 13 the State of Tennessee, as a site for construction of 14 an interim storage facility. If the President does not 15 designate a. site for the constructian of an interim 16 storage facility, or the construction of an interim 17 storage facility at the designated site is not approved 18 by law within 24 months of the President's deter-19 mination that the Yucca Mountain site is not suit-20 able for development as a repository, the interim 21 storage facility site as defined in section 2(19) of 22 this Act is designated as the interim storage facility 23 site for purposes of section 205. The interim storage 24 facility site shall be deemed to be approved by law 25 for purposes of this paragraph.
t S 104 PP
41 1 "SEC. 205. INTERIM STORAGE FACILITY.
2 "(a) NON-SITE-SPECIFIC ACTIVITIES.-As soon as 3 practicable after the date of enactment of the Nuclear ,
4 Waste Policy Act of 1997, the Secretary shall submit to ,
5 the Commission a topical safety analysis report containing 6 a generic design for an interim storage facility. If the Sec-7 retary has submitted such a report prior to such date of 8 enactment, the report shall be tleemed to have -tisfied 9 the requirement in the preceding sentence. No later than 10 December 31,1998, the Commission shall issue a safety 11 evaluation report approving or disapproving the generic 12 design submitted by the Secretary.
13 "(b) SITE-SPECIFIC AUTIIORIZATION.-The Sec-14 retary shall design,' construct, and operate a facility for i
15 the interim storage of spent nuclear fuel and high-level 16 radioactive waste at the interim storage facility site des- !
17 ignated under section 204 and licensed by the Commission l 18 under this section. The Commission shall license the in.
1
! 19 terim storage facility in accordance with the Commission's I
20 regulations governing the liransing of independent storage.
21 of spent nuclear fuel and high-level radioactive waste (10 22 CFR part 72). Such regulations shall be amended by the 23 Commission as necessary to implement the provisions of 24 this Act. The Commission may amend part 72 of title 10, 25 Code of Federal Regulations with regard to facilities not
42 I covered by this Act as deemed appropriate by the Commis-2 sion.'
3 "(c) LDIITATIONS AND CONDmONS.-
4 "(1) The Secretary shall not commence' con-5 struction of an interim storage facility (which shall 6 mean taking actions within the meaning of the term-7 ' commencement of construction' contained in the-8 Commission's regulations in section 72.3 of title.10, 9 Code of Federal Regulations) before the Commis-10 sion, or an appropriate officer or Board of the Com-11 mission, makes the finding under section 72.40(b) of 12 title 10, Code of Federal Regulations.
13 "(2) After the Secretary makes the preliminary 14 designation .of an interim storage site under section 15 204, the Siecretary.may_ commence site data acquisi-16 tion activities and design activities necessary to com-17 plete license application and emironmental report 18 under subsection (d) of this section.
19 "(3) Notwithstanding any other applicable li-20 censing requirement, the Secretary may utilize facili-21 ties owned by the Federal Government on the date 22 of enactment of the Nuclear Waste Policy Act of 23 1997 and located within the boundaries of the in-24 terim storage site, in connection with addressing any 25 imminent and substantial endangerment to public j
L L
43 l
1 health and safet'y at the interim storage facility site, 2 prior to receiving a license from the Com nission for 3 the interim storage facility, for purposes of fulfilling 4 requirements for retrievability during the first five i
5 years of operation of the interim storage facility.
6 "(d) LICENSE APPLICATION.-No later than 30 days 7 after the date on which the Secretary makes a preliminary I 8 designation of an interim storage facility site under section 9 204, the Secretary shall submit a license application and 10 an environmental report in accordance with applicable reg-11 ulations (subpart B of part 72 of title 10, Code of Federal 12 Regulations, and subpart A of part 51 of title 10, Code i- 13 of Federal Regulations, respectively). The license applica-14 tion-15 "(1) shall be for a term of 40 years; and 16 ."(2) shall be for a ' quantity of spent nuclear L
17 fuel . or high level radioactive waste equal to the l 18 quantity that would be emplaced under section 507 .
19 prior to the date that the Secretary estimates, in the l 20 license application, to be the date on which the Sec-21 retary will receive and store spent nuclear fuel and 22 high-level radioactive waste at the permanent reposi- I 23 tory.
24 "(e) DESIGN.- l
'I l
L 1
l 44 1 "(1) The design for the interim storage facility 2 shall provide for the use of storage technologies 3 which are licensed, approved, or certified by the 4 Commission, to ensure compatibility between the in-5 terim storage facility and contract holders' spent nu-6 clear fuel and facilities, and to facilitate the See-7 retary's ability to meet the Secretary's obligations 8 under this Act. .
9 "(2) The Secretary shall consent to an amend-10 ment to the contracts to provide for reimbursement 11 to contract holders for transportable storage systems 12 purchased by contract holders if the Secretary deter-13 mines that it is cost effective to use such transport-14 able storage systems as part of the integrated man-15 agement system: Provided, That the Secretary shall 16 not be required to expend any funds to modify con-17 tract holders' storage or transport systems or to 18 seek additional regulatory approvals in order to use 19 such systems.
20 "(f) LICENSE A31END31ENTS.-
21 "(1) The Secretary may seek such amendments 22 to the license for the interim storage facility as the 23 Secretary may deem appropriate, including amend-24 ments to use new storage technologies licensed by
[
l 45 u
1 the Commission or to respond to changes in Com-2- mission regulations.
3 "(2) After receiving a license from the Commis-4 sion to receive and store spent nuclear fuel and 5 high-level radioactive waste in the permanent reposi-l l
6 tory, the Secretary shall seek such amendments to 7 the license for the interim storage facility as will h
8 permit the optimal use of s,uch facility as an integral
- 9 part of a single system with the repository.
10 "(g) COMmssiox AcTIoxs.-
11 "(1) The issuance of a license to construct and 12 operate an interim storage facility shall be consid-13 ered a major Federal action significantly affecting r
14 the quality of the human environment for purposes i 15 of the National Emironmental Policy Act of 1960 16 (42 U.S.C. 4321 et seq.). Prior to issuing a license i 17 under this section, the Commission shall prepare a ;
L 18 final environmental impact statement in accordance L
19 with the National Environmental Policy Act of 1969, l
i; 20 the Commission's regulations, and section 207 of 21 this Act. The Commission shall ensure that this en-22 vironmental impact statement is consistent with the 23 scope of the licensing action and shall analyze the 24 impacts of transportation of spent nuclear fuel and f i
I
+ R IM PP
46-1- high-level radioactive waste to the interim storage 2 facility in a generie manner.
3 "(2) The Commission shall issue a final deci-4 sion granting or denying a license for an interim 5 storage facility not later than 32 months after the l .
6 date of submittal of the application for such license.
l 7 "(3) No later than 32 months following the 8 date of enactment of the Nuclear Waste Policy Act 9 of 1997, the Commission shall make any amend-10 ments necessary to the definition of ' spent nuclear 11 fuel' in section 72.4 of title 10,- Code of Federal 12 Regulations, to allow an-interim. storage facility to 13 accept (subject to such conditions as the Commis-L 14 sion may require in a subsequent license)- ,
15 {A)
- spent nuclear fuel from research reac-16 . tors; 17 "(B) spent nuclear fuel from naval reac-18 tors; 19 "(C) high-level radioactive waste of domes-20 tie origin from civilian nuclear reactors that 21 have permanently ceased operation before such 22 date of enactment; and 23- "(D) spent nuclear fuel and high-level ra-24 dioactive waste from atomic energy defense ac-25 tivities.
t 8104 PP
? .
I 47 1 Following any such amendments, the Secretary shall 2 seek authority, as necessary, to store such fuel and 3 waste at the interim storage facility. None of the ac-4 tivities carried out pursuant to this paragraph shall 5 delay, or otherwise affect, the development, licens-6 ing, constructic.n, or operation of the interim storage 7 facility.
8 "SEC. 206. PERMANENT REPOSITORY.
9 "(a) REPOSITORY CIWMCTEIUZATION.-
10 "(1) CIwMCTERIZATION OF TIIE YtecA 11 510CNTAIN SITE.-The Secretary shall carry out site 12 characterizatio'n activities at the Yucca 3 fountain 13 site in accordance with the Secretary's program ap-14 proach to site characterization. Such activities shall 15 be limited to onththose activities which the Sec-16 retary considers necessary to provide the data re-17 quired for evaluation of the suitability of such site 18 for an application to be submitted to the Commis-19 sion for a construction authorization for a repository 20 at such site, and for compliance with the National 21 Environmental Policy Act of 1969 (42 U.S.C. 4321 22 et seq.).
23 "(2) GUIDELINES.-The Secretary shall amend 24 the guidelines in part 960 of title 10, Code of Fed-25 eral Regulations, to base any conclusions regarding
l
. 1 48 l
1 whether a repository site is suitable on, to the extent i
2 practicable, an assessment of total system perform-3 ance of the repository.
4
"(b) ENVIRONMENTAL IMPACT STATEMENT.-
5 "(1) PREPARATION OF ENVIRONMENTAL DI-6 PACT STATEMENT.-Construction and operation of
! 7 the repository shall be considered a major Federal L
8 action sipiificant,1y affecting the quality of the 9 human environment for purposes of the National 10 Emironmental Policy Act of 1969 (42 U.S.C. 4321
- 11 et seq.). The Secretary shall prepare an emiron-l 12 mental impact statement on the construction and 13 operation of the repository and shall submit such 14 statement to the Commission with the license appli-L 15 cation. The Secretary shall supplement such emiron-16 mental impact statement as appropriate.
! 17 "(2) SCIIEDULE.-
18 "(A) No later than September 30, 2000, 19 the Secretary shall publish the final environ-20 mental. impact statement under paragraph (1) 21 of this subsection.
22 "(B) No later than October 31, 2000, the 23 Secretary shall publish a record of decision on 24 applying for a license to construct and operate 25 a repository at the Yucca Mountain site.
+ 8ED e4* Seg.
I: 5
)
r ,
49 1 "(c) LICENSE APPLICATION.-
2 "(1) SCHEDULE.-No later than October 31, ,
3 .- 2001, the Secretary shall apply to the Comminion L
1 for authorization to construct a repository at,the 4
l 5 . Yucca Mountain site.
6 "(2) MANUlIZING CAPACITY.-In developing an 1
l 7 application for authorization to construct the reposi-l 8 - iory, the Secretary shall seek to maximize the capac-9 ity of the repository, in the most cost-effective man-10 ner, consistent with the ,need for disposal capacity.
11 "(3) DECISION NOT TO APPLY FOR A LICENSE 12 FOR TIIE YUCCA MOUNTAIN SITE.-If, at any time i
13 33rior to October 31,2001, the Secretary determines 14 that the Yucca Mountain site is not suitable or can-15 not satisfy the ommission's regulations applicable 16 to the licensing of a geological repository, the Sec-17 retary shall-18 "(A) notify the Congress and the State of 19 Nevada of the Secretary's determinations and 20 the reasons therefor; and .
21 "(B) promptly take the actions describe:1 22 in paragraphs (1) and (2) of section 204(b).
'23 "(d) REPOSITORY LICENSING.-The Commission 24 shall license the repository according to the following pro-25 cedures:
M 4 #% 4 MM d A
50 1 "(1). CONSTRUCTION ACTIIORIZATION.-The
.2 - Commission shall grant the Secretary a construction 3 - authorization for the repository, subject to such re-4 quiremer.ts or limitations as the Commission may in-5 corporate pursuant to its regulations, upon deter-l i
6 mining that there is reasonable assurance that spent L
7 nuclear fuel and high-level radioactive. waste' can be 8 disposed ofin the repository-9 "(A) in [onformity with the Secretary's ap-l .
10 plication, the provisions of this Act, and the 11 regulations of the Commission; 12 "(B) without unreasonable risk to the 13 health and safety of the public; and-
- 14. "(C) consistent with the common- defense l 15 and security.
16 "(2) LICENSE.-Following the filing by the 17 Secretary of any additional information needed by 18 the Commission to issue a license to receive and pos-19 sess source, special nuclear, or byproduct material at 20 a geologic repository operations area the Commis-21 sion shall issue a license to dispose of spent nuclear 22 fuel and high-level radioactive waste in the reposi-23 tory, subject to such requirements or limitations as 24 the Commission may incorporate pursuant to its reg-t S 104 PP
51 1 ulations, if the Commission determines that the re-l 2 pository has been constructed and will operate 1 3
)
"(A) in conformity with the Secretary's ap . 1 4 plication, the provisions of this Act, and the 5 regulations of the Commission; 6 "(B) without unreasonable risk to the i 7 health and safety of the public; and 8 "(C) conr,istent .with the common defense l 9 and security.
10 "(3) CLOSUltE.-After emplacing spent nuclear 11 fuel and high-level radioactive waste in the reposi-12 tory and collecting sufficient confirmatory data on 13 repository performance to reasonably confirm the j 14 basis for repository closure consistent with the Com- !
15 mission's regulati6ns applicable to the licensing of a 16 repository, as modified in accordance with this Act, 17 the Secretary shall apply to the Commission to :
18 amend the license to permit permanent closure of 19 ' the repository. The Commission shall grant such li-l 20 cense amendment, subject to such requirements or 21 limitations as the Commission may incorporate pur- :
22 suant to its regulations, upon finding that there is 23 reasonable assurance that the repository can be per-24 manently closed-
. . , ,. . oo
52 1 "(A) in conformity with the Secretary's ap-2 plication, the prmisions of this Act, and the 3 regulations of the Commission; 4 "(B) without unreasonable risk to the 5 health and safety of the public; and 6 "(C) consistent with the common defense 7 and security.
8 "(4) POST-CLOSURE.-The Secretary shall take 9 those actions nec[ssary and appropriate at the 10 Yucca Mountain site to prevent any activity at the 11 site subsequent to repository closure that poses an 12 unreasonable risk of-13 "(A) breaching the repository's engineered 14 or geologic barriers; or ,
15 "(B) increasing the risk of the repository
, .i i
16 beyond the standard established in subsection 17 (f)(l',
18 "(5) APPLICATION OF HEALTII AND SAFETY 19 STANDARDS.-The licensing determination of the 20 Commission with respect to risk to the health and 21 safety of the public under paragraphs (1), (2), or (3) 22 of this subsection shall be based solely on aImding 23 whether the repository can be operated in conform-24 ance with the overall performance standard in sub-25 section (f)(1) of this section, applied in accordance t S 104 PP
a 53 I with the provisions of subsection (f)(2) of this see--
2 tion and the standards established by the Adminis-l 3 trator under section 801 of the Energy Policy Act i
~
4 cf 1992 (42 U.S.C.10141 note).
5 "(e) MODIFICATION OF TIIE COMIISSION'S REPOSI-6 TORY LICENSING REGUIATIONS.-The Commission shall I amend'its regulations governing the disposal of spent nu-8 clear fuel and high-level radiogetive waste (10 CFR part l
- 9 ' 60), as necessary, to be consistent with the provisions of i 10 this Act. The Commission's regulations shall provide for
{ l1 the modification of the repository licensing procedure in L
12 subsection (d) of this section, as appropriate, in the event
(
13 that the Secretary seeks a license to permit the emplace-14 ment in the repository, on a retrievable basis, of spent nu- -
15 clear fuel or high-levsl radioactive waste as is necessary l
! 16 to provide the Secretary with sufficient confirmatory data 17 on repository performance to reasonably confirm the basis 18 for repository closure consistent with applicable regula- !
19 tions.
20 "(f) REPOSITORY LICENSING STANDARDS AND ADDI-21 TIONAL PROCEDURES.-In complymg with the require- 4 l l 22 ments of section 801 of the Energy Policy Act of 1992 23 (42 U.S.C.10141 note), the Administrator shall achieve 24 consistency with the findings and ' recommendations of the ;
25 National Academy of Sciences, and the Commission shall j
. . , ~
54 i
1 amend its .egulations with respect to licensing standards 2 for the repository, as follows:
3 "(1) ESTABLISIDIENT OF OVEllALL SYSTE.TI 4 PERFOIDIANCE STANDAllD.-
5 "(A) RISK STAxDAnD.-The standard for 6 protection of the public fr am releases of radio-7 active material or radioactivay from the reposi-8 tory shall lirait,the lifetime risk, to the average 9 member of the critical group, of premature 10 death from cancer due to such releases to ap-1 11 proximately, but not greater than,1 in 1000.
12 The comparison to this standard shall use the 13 upper bound of the 95-percent confidence inter-14 val for the expected value of lifetime risk to the 15 average'inember of the critical group.
16 "(B) FOIDI OF STANIWID.-The standard 17 promulgated by the Administrator under section 18 801 of the Energy Policy Act of 1992 (42 19 U.S.C.10141 note) shall be an overall system 20 performance standard. The Administrator shall 21 not promulgate a standard for the repository in 1
22 the form of release limits or contaminant levels 23 for individual radionuclides discharged from the 24 repository.
4 G SAe IBM
55 1 "(C) ASSDlPTIONS USED IN FORMULAT-2 ING AND APPLYING Tile STANDARD.-In pro-3 mulgating the standard under section 801 of 4 the Energy Policy Act of 1992 (42 U.S.C.
5 10141 note), the Administrator shall consult 6 with the Secretary of Energy and the Commis-7 sion. The Commission, after consultation with 8 the Secretary, shall specify, by rule, values for
~
9 all of the assumptions considered necessary by -
10 the Commission to apply the standard in a li-11 censing proceeding for the repository before the 12 Commission, including the reference biosphere 13 and size and characteristics of the critical 14 group. ,,
15 "(D) DEFINITION.-As used in this sub-l 16 section, th- term ' critical group' means a small l 17 group of people that is- !
18 "(i) representative of individuals ex- l 19 pected to be at highest risk of premature 20 death from cancer as a result of discharges 21 of radionuclides from the permanent repos- l 22 itory; l
23 "(ii) relatively homogeneous with re-24 spect to expected radiation dose, which i
25 shall mean that there shall be no more i
i i 56 1
> than a factor of ten in variation in individ-2 ual dose among members of the group; and
-3 "(iii) selected using reasonable as-4 sumptions-concerning lifestyle, occupa-
! 5 tion, diet and eating and drinking habits, 6 technological sophistication, or other rel--
j 7 evant social and behavioral factors-that 8 are basedJm reasonably ~available informa-
. 9 tion, when the group is defined, on current 10 inhabitants and conditions in the area of 11 50-mile radius surrounding Yucca Moun-12 tain contained within a line drawn 50 13 miles beyond each of the boundaries of the 14 Yucca Moutain site.
15
"(2) APPUCATION OF OVERALL SYSTEM PER-16 FORMANCE STANDARD.-The Commission shall issue 17 the construction authorization, license, or license 18 amendment, as applicable, if it Ends reasonable as-19 surance that for the first 10,000 years following the 20 closure of the repository, the overall system perform-21 ance standard will be met based on a probabilistic 22 evaluation, as appropriate, of compliance with the 23 overall system performance standard in paragraph
~
24 (1).
57 1 "'G; FAcTons.-For purposes of establishing 2 the overall system performance standard in para-3 graph (1) and making the finding in paragraph 4 (2)-
5 "(A) the Administrator and the Commis-6 sion shall not consider climate regimes that are 7 substantially different from those that have oc-8 curred during the pr@ious 100,000 ye .. at the
~
9 Yucca Mountain site; 10 "(B) the Administrator and the Commis-(
11 sion shall not consider catastrophic events 12 where the health consequences of individual i
13 events themselves to the critical group can be 14 reasonably assumed to exceed the health con-15 sequences dtie to impact of the events on repos-l 16 itory performance; and .
17 "(C) the Administrator and the Commis-J 18 sion shall not base the standard in paragraph 19 (1) or the finding in paragraph (2) on scenarios 20 invoMng human intrusion into the repository 21 following repository closure.
22 "(4) CONGRESSIONAL REVIEW.-
23 "(A) Any standard promulgated by the Ad-24 ministrator under section 801 of the Energy ,
25 Policy Act of 1992 (42 U.S.C.10141 note)
l
)
~
1
! -58 i
! I shall be deemed a major rule within the mean-2 ing of section 804(2) of title 5, United States 3 Code, and shall be subject to the requirements l 4 and procedures-pertaining to a major rule in j
5 chapter 8 of such title.
6 "(B) The effective date of the construction l
7 authorization for the repository shall be 90 days 8 after the issuance of such authorizatieu by the 9 Commission, unless Congress is standing in ad-10 journment for a period of more than one week l
11 on the.date of issuance, in which case the effec-
'12 tive date shall .be 90 days after the date on 13 which Congress is expected to reconvene after 14 such adjournment.
15 "(5) EEPORT TO CONGRESS.-At the time that j 16 the Commission issues a construction authorization 17 for the repository, the Commission shall submit a re-
' 18 port to Congress-19 "(A) analyzing the overall system perform-
! 20 ance of the repository through the use of prob-21 abilistic evaluations that use best estimate as-22 sumptions, data, and methods for the period 23 commencing after the first 10,000 years after 24 repository closure and including the time after 25 repository closure of maximum risk to the criti-L. -. - . . .
I. 59 1 cal group of premature death from cancer due L 2 to repository releases; L
3 "(B) analyzing the consequences.of a sin-4 gle instance of human intrusion into the reposi-5 tory, during the first 1,000 years after reposi-L 6 tory closure, on the ability of the repository to l
l 7 perform its intended function.
L 8 "(g) ADDITIONAL ACTIONS.BY TIIE CO)l.TIISSION.-
l 9 The Commission shall take final action on the Secretary's 10 application for construction authorization for the reposi-11 tory no later than 40 months after submission of the appli-12 cation.
13 "SEC. 207. COMPLIANCE WITH THE NATIONAL ENVIRON.
14 MENTAL POLICY ACT.
15 "(a) PREIEllNARh CTIVITIES.-Each activity of the 16 Secretary under sections 203, 204, 205(a), 205(c),
- 17. 205(d), and 206(a) shall be considered a preliminary deci-18 sion making activity. No such activity shall be considered !
19 final agency action for purposes of judicial review. No ac-20 tivity of the Secretary or the President under sections 203, 21 204, 205, or 206(a) shall require the preparation of an L 22 environmental impact statement under section 102(2)(C) 23 of the National Environmental Policy Act of 1969 (42 24 U.S.C. 4332(2)(C)) or any enviromnental redew under i,
60 I subparagraph (E) or (F) of section 102(2) of such Act 2 (42 U.S.C. 4332(2)(E) or (F)).
3 "(b) STANDAltos AND CIUTERLA.-The promulgation 4 of standards or criteria in accordance with the provisions 5 of this title, or under section 801 of the Energy Policy 6 Act of 1992 (42 U.S.C.10141 note), shall not require the 7 preparation of an erwironmental impact statement under 8 section 102(2)(C) of the National Environmental Policy 9 Act of 1969 (42 U.S.C. 4332(2)(C)) or any erwironmental 10 review under subparagraph (E) or '(F) of section 102(2) 11 of such Act (42 U.S.C. 4332(2)(E) or (F)).
12 "(c) REQl:lltE.TIENTs RELATING TO ENVIllON.TIENTAL 13 I.TilucT STATE.TIENTS.-
14 "(1) With respect to the requirements imposed I
15 by the National Environmental Policy Act of 1969 l 16 (42 U.S.C. 4321 et seq.)-
17 "(A) in any final erwironmental impact 18 statement under section 205 or 206, the Sec-19 retary or the Commission, as applicable, shall 20 not be required to consider the need for a re-21 pository or an interim storage facility; the time 22 of initial availability of a repository or interim 23 storage facility; the alternatives to geological 24 ,
disposal or centralized interim storage; or alter-25 native sites to the Yucca Mountain site or the
l 61 1 interim storage facility site designated under 2 section 204(c)(1); and 3 "(B) compliance with the procedures and 4 requirements of this title shall be deemed ade-5 quate consideration of the need for centralized 6 interim storage or a repository; the time of ini-7 tial availability of centralized interim storage or 8 the repository or centralized interim storage; 9 and all alternatives to centralized interim stor-10 age and permanent isolation of high-level radio-11 active waste and spent nuclear fuel in an in-12 terim storage facility or a repository, respec-13' tively. 1 14 "(2) The final environmental impact statement i
15 for the repository [ prepared by the Secretary and 16 submitted with the license application for a reposi-l 17 tory under section 206(c) shall, to the extent prac-l 18 ticable, be adopted by the Commission in connection 19 with the issuance by the Commission of a construc- l 20 tion authorization and license for such repository. j 21 To the extent such statement is adopted by the 1 22 Commission, such adoption shall be deemed to sat- ,
l 23 isfy the responsibilities of the Commission under the 24 National Emironmental Policy Act of 1969 and no i
25 further consideration shall be required, except that i S 104 PP
62 1 nothing in this subsection shall affect any independ-2 ent responsibilities of the Commission to protect the 3 public health and safety under the Atomic Energy 4 Act of 1954 (42 U.S.C. 2011 et seq.).
5 "(c) CoxsTarcTIox WITu OTIIER Laws.-Nothing 6 in this Act shall be construed to amend or otherwise de-7 tract from the licensing requirements of the Nuclear Reg-8 ulatory Commission established in title II of the Energy 9 Reorganization Act of 1974 (42 U.S.C. 5841 et seq.).
10 "(d) JUDICIAL REVIEW.-Judicial review under sec-11 tion 502 of this Act of any erwironmental impact state-12 ment prepared or adopted by the Commission shall be con-13 solidated with the judicial review of the licensing decision 14 to which it relates.
15 SEC. 208. LAND WITHDRAWAL. !
16 "(a) WmIDRAWAL AND RESERVATION.-
17 "(1) WITHDRAWAL.-Subject to valid existing 18 rights, the interim storage facility site sad the 19 Yucca Mountain site, as described in cabsection (b),
20 are withdrawn from all forms of entry, appropria-21 tion, and disposal under the public land laws, includ-22 ing the mineral leasing laws, the geothermal leasing 23 laws, the material sale laws, and the mining laws.
24 "(2) JURIsDIcTIox.-Jurisdiction of any land 25 within the interim storage facility site and the Yucca t S 104 PP
63 1 Mountain site managed by the Secretary of the Inte-2 - rior or any other Federal officer is transferred to the 3 Secretary.
4 "(3) RESERVATION.-The interim storage facil-5 ity site and the Yucca Mountain site are reserved for 6 the use of the Secretary for the construction and op- j 7 eration, respectively, of the interim storage facility 8 and the repository and activities associated with the 9 purposes of this title.
10 "(b) Imo DESCRIPTION.-
11 "(1) BOUNDAIMES.-The boundaries depicted 12 on the map entitled ' Interim Storage Facility Site 13 Withdrawal Map', dated March 13,1996, and on file '
14 with the Secretary, are established as the boundaries !
)
15 of the Interim Storage Facility site. '
16 "(2) BocxniluES.-The boundaries depicted 17 on the map entitled ' Yucca Mountain Site With-18 drawal Map', dated July 9,1996, and on file with l 19 the Secretary, are established as the boundaries of l
20 the Yucca Mountain site. l l
21 "(3) NOTICE AND 11APS.-Concurrent with the 22 Secretary's designation of an interim storage facility 23 site under section 204(c)(1), the Secretary shall- !
l
[
t 8104 PP l
64 1 "(A) publish in the Federal Register a no-2 tice containing a legal description of the interim 3 storage facility site; and 4 "(B) file copies of the maps described in 5 paragraph (1), and the legal description of the 6 interim storage facility site with the Congress, 7 the Secretary of the Interior, the Governor of 8 Nevada, and the Archivist of the United States.
9 "(4) NOTICE A$D MAPS.-Concurrent with the
~
10 Secretary's application to the Commission for au-11 thority to construct the repository, the Secretary 12 shall-j 13 "(A) publish in the Federal Register a no-l 14 tice containing a legal description of the Yucca 15 Mountain site; and 16 "(B) file copies of the maps described in 17 paragraph (2), and the legal description of the 18 Yucca Mountain site with the Congress, the 19 Secretary of the Interior, the Governor of Ne-20 vada, and the Archivist of the United States.
21 "(5) CoxsTaccTIox.-The maps and legal de-22 scriptions of the interim storage facility site and the 23 Yucca Mountain site referred to in this subsection 1
24 shall have the same force and effect as if they were 25 included in this Act. The Secretary may correct cler-t S 104 PP
1 i
65 1 ical and typographical errors in the maps and legal l
2 descriptions and make minor adjustments in the 3 boundaries of the sites.
4 " TITLE III-LOCAL RELATIONS 5 "SEC. 301. FINANCIAL ASSISTANCE.
6 "(a) GRANTS.-The Secretary is authorized to make 7 grants to any affected Indian tribe or affected unit of local 8 government for purposes of enabling the affected Indian 9 tribe or affected unit oflocal government-
! 10 "(1) to review activities taken with respect to 11 the Yucca Mountain site for purposes of determining 12 any potential economic, social, public health and 13 safety, and emironmental impacts of the integrated 14 management system on the affected Indian tribe or j 15 the affected unit :of local government and its resi-16 dents; 17 "(2) to develop a request for impact assistance 18 under subsection (c);
19 "(3) to engage in any monitoring, testing, or L 20 evaluation activities with regard to such site; 21 "(4) to provide information to residents regard-22 ing any activities of the Secretary, or the Commis-23 sion with respect to such site; and 24 "(5) to request information from, and make 25 comments and recommendations to, the Secretary L
S 104 PP 5
66 1 regarding any activities taken with respect to such ;
2 site.
3 "(b) SALARY AND TRAVEL EXPENSES.-Any salary 4 or travel expense that would ordinarily be incurred by any 5 affected Indian tribe or affected unit of local government 6 may not be considered eligible for funding under this sec-7 tion.
8 "(c) FINANCIAL AND TECilNICAL ASSISTANCE.-
9 "(1) ASSISTANCE REQUESTS.-The Secretary is 10 authorized to offer to provide financial and technical 11 assistance to any affected Indian tribe or affected l 12 unit of local government requesting such assistance.
13 Such assistance shall be designed to mitigate the im- '
14 pact on the affected Indian tribe or affected unit of l 15 local governplent of the development of the inte-l :
l 16 grated mariagement system.
17 "(2) REPORT.-Any affected Indian tribe or af-18 fected unit of local government may request assist-19 anee under this section by preparing and submitting 20 to the Secretary a report on the economic, social, 21 public health and safety, and environmental impacts 22 that are likely to result from activities of the inte-23 grated management system.
24 "(d) OTilER ASSISTANCE.-
9 t S 104 PP
i I
L 67 1 "(1) TAXAHLE A310t*NTS.-In addition to fman-2 cial assistance provided under this subsection, the 3 Secretary is authorized to grant to any affected In-4 dian tribe or affected unit of local government an 5 amount each fiscal year equal to the amount such 6 affected Indian tribe or affected unit of local govern- ,
! 7 ment, respectively, would receive if authorized to tax 8 integrated management system activities, as such af-
- 9 fected Indian tribe or affected unit of local govern-
- 10. ment taxes the non-Federal real property and indus-11 . trial activities occurring within such affected unit of 12 local government.
13 "(2) - TEII.il! NATION.-Such grants shall con-14 tinue until such time as all such activities, develop-l 15 ment, and operations are terminated at such site.
! 16 "(3) ASSISTANCE TO INDIAN TillBES AND 17 UNITS OF LOCAL GOVEltNMENT.-
l 18 "(A) PEllIOD.-Any affected Indian tribe 19 or affected unit of local government may not re-20 ceive any grant under paragraph (1) after the 21 expiration of the 1-year period following the r 22 date on which the Secretary notifies the af-23 fected Indian tribe or affected unit of local gov-24 ernment' of the termination of the operation of 25 the integrated management system.
S8 1
"(B) AcTiv1 TIES.-Any affected Indian 2 tribe or affected unit of local government may 3 not receive any further assistance under this 4 section if the integrated management system 5 activities at such site are terminated by the 6 Secretary or if such activities are permanently 7 enjoined by any court.
8 "SEC. 302. ON SITE REPRESENTATIVE.
9 "The Secretary shall offer to the unit of local govern-
~
10 ment within whose jurisdiction a site for an interim stor-11 age facility or repository is located under this Act an op-12 portunity to designate a representative to conduct onsite 13 oversight activities at such site. The Secretary is author-14 ized to pay the reasonable expenses of such representative.
15 "SEC. 303. ACCERTANCE OF BENEFITS.
16 "(a) Coxs'ENT.-The acceptance or use of any of the 17 benefits provded under this title by any affected Indian 18 tribe or affected unit of local government shall not be 19 deemed to be an expression of consent, express, or implied, 20 either under the Constitution of the State or eny law 21 thereof, to the siting of an interim storage facility or re-22 pository in the State of Nevada, any provision of such 23 Constitution or laws to the contrary notwithstanding.
24 "(b) Anot31ENTS.-N,cither the United States nor 25 any other entity may assert any argument based on legal tS 104 PP
69 1 or equitable estoppel, or acquiescence, or waiver, or con-2 sensual involvement, in response to any decision by the 3 State to oppose the siting in Nevada of an interim storage 4 facility or repository premised upon or related to the ac-5 ceptance or use of benefits under this title.
6 "(c) LIABILITY.-No liability of any nature shall ac-7 crue to be asserted against any official of any govern-8 mental unit. of Nevada premised solely upon the accept-9 ance or use of benefits under this title.
10 "SEC. 304. RESTRICTIONS ON USE OF FUNDS.
I1 "None of the funding provided under this title may 12 be used-13 "(1) directly or indirectly to influence legislative 14 action on any matter pending before Congress or a 15 State legislature or for any lobbying activity as pro-16 vided in section 1913 of title 18, United States 17 Code; 18 "(2) for litigation purposes; and 19 "(3) to support multistate efforts or other coali-20 tion-building activities inconsistent with the purposes 21 of this Act.
22 "SEC. 305. LAND CONVEYANCES.
23 "(a) CONVEYANCES OF PUBL,1c ImiNDS.-One hun-
! 24 dred and twenty days after the effective date of the con-25 struction authorization issued by the Commission for the ,
l
70 1 repository under section 206(g), all right, title and interest 2 of the United States in the property described in sub-3 section (b), and, improvements thereon, together with all 4 necessary easements for utilities and ingress and egress 5 to such property, including, but not limited to, the right 6 to improve those easeznonts, are conveyed by operation of 7 law to the County of Nye, Nevada, unless the county noti-8 fies the Secretary of the Jnterior or the haml.of such other
- 9 appropriate agency in writing within 60 days of such date 10 that it elects not to take title to all or any part of the 11 property, except that any lands conveyed to the County 12 of Nye under this subsection that are subject to a Federal 13 grazing permit or lease or a similar federally granted per-14 mit or lease shall be conveyed between 60 and 120 days-15 of the earliest ti$e the Federal agency administering or 16 ' granting the permit or lease would be able to legally termi-17 nate such right under the statutes and regulations existing 18 at the date of enactment of this Act, unless Nye County 19 and the affected holder of the permit or lease negotiate 20 an agreement that allows for an earlier conveyance.
21 "(b) SPECIAL CONVEnNCES.-Nothwithstanding 22 any other law, the following public lands depicted on the 23 maps and legal descriptions dated October 11,1995,and l
24 on file with the Secretary'shall be conveyed under sub-25 section (a)-to the County of Nye, Nevada:
l 71 l
1 Map 1: Proposed Pahrump Industrial Park Site l
2 Afap 2: Proposed Lathrop Wells (Gate 510) In-3- dustrial Park Site 4 Alap 3: Pahrump Landfill Sites 5 Map 4: Amargosa Valley Regional Land 511 Site
- 6 Map 5
- Amargosa Valley Municipal Landfill 7 Site 8 Map 6: Beatty Landfill / Transfer Station Site
- 9 Map 7: Round Mountain Landfill Site 10 Map 8: Tonopah Landfill Site 11 Map 9: Gabbs Landfill Site.
12 "(c) CoxsTRUCTION.-The maps and legal descrip-13 tions of special conveyances referred to in subsection (b) l 14 shall have the same force and effect as if they were in-15 cluded in this Act. Ths'5ecretary may correct clerical and 16 typographical errors in the maps and legal descriptions 17 and make minor a4astments in the boundaries of the 18 sites.
19 "(d) EVIDENCE OF TITLE TRANSFER.-Upon the re-20 quest of the County of Nye, Nevada, the Secretary of the 21 Interior shall provide evidence of title transfer.
22 " TITLE IV-FUNDING AND ORGANIZATION 23 "SEC. 401. PROGRAM FUNDING.
,24 "(a) CONTRACTS.-
a o .n nn
72 1 "(1) - AUTIIOltITY OF Ti!E SECitETAltY.-In the 2 performance of the Secretary's functions under this 3 Act, the Secretary is authorized to enter into con-4 tracts with any person who generates or holds title 5 to spent nuclear fuel or high-level radioactive waste 6 of domestic origin for the acceptance of title and 7 possession, transportation, interim storage, and dis-8 posal of such waste or spent fuel. Such contracts 9 shall provide for payment of fees to the Secretary in 10 the amounts set under paragraphs (2),- (3), and (4),
1I sufficient to offset expenditures de' scribed in sub-12 section (c)(2). Subsequent to the enactment of the 13 Nuclear Waste Policy Act of 1997, the contracts ex-14 ecuted under secti'on 302(a) of the Nuclear Waste 15 Policy Act if 1982 shall continue in effect under this 16 Act: Provided, That the Secretary shall consent to 17 an amendment to such contracts as necessary to im-18 plement the provisions of this Act.
19 "(2) NUCLEAll WASTE OFFSETTING COLLEC-20 TION.-
21 "(A) For electricity generated by civilian 22 nuclear power reactors and sold during an off-23 setting collection period, the Secretary shall col-24 lect an aggregate' amount of fees under this 25 paragraph equal to the annual level of appro-
g 73
.I priations for expenditures on those activities 2 ' consistent with subsection (d) for each fiscal 3 year in' the offsetting collection period, minus .
4 the percentage of such appropriation required 5 to be funded by the Federal Government pursu-6 ant to section 403.
7 "(B) The Secretary shall detennine the 8 level of the annual fee for each civilian nuclear ]i 9 . power reactor based on the amount of elec-10 tricity generated and sold. j
"(C) For purposes of this paragraph, the !
11 12 term ' offsetting collection period' means- j 13 "(i) the period beginning on October 14 1,1998 and ending on September 30, 15 -2001; abh 16 "(ii) the period on and after October 17- 1,2006. l 18 "(3) NUCLEAR WASTE MANDATORY FEE.-
19 "(A) Except as provided in subparagraph l
(C) of this paragraph, for electricity generated 20 21 by civilian nuclear power reactors and sold on 22 or after January 7,1983, the fee paid to the i
23 ' Secretary 'under this paragraph shall be equal
> i y' '
24- to-7-
w .. 4 ..
L.
74 1 "(i) 1.0 mill per kilowatt-hour gen-2 erated and sold, minus 3 "(ii) the amount per kilowatt-hour 4 generated and sold paid under paragraph 5 (2):
6 Provided, That if the amount under clause (ii) 7 is greater than the amount under clause (i) the 8 fee under this paragraph shall be equal to zero.
9 "(B) No later than 30 days after the be-10 ginning of each fiscal year, the Secretary shall 11 determine whether insufficient or excess reve-12 nues are being collected under this subsection, 13 in order to recover the costs incurred by '.he 14 Federal Government that are spe6ified ir. sub-15 sectionJ (c)(2). In making this determination the 16 Secretam, shall-17 '(i) rely on the ' Analysis of the Total 18 System Life Cycle Cost of the Civilian Ra-19 dioactive Waste Management Program',
20 dated Septemter 1995, or on a total sys-21 tem life-cycle cesc analysis published by the 22 Secretary Mcer notice and opportunity for 23 public comment) after the date of enact-24 ment of the Nuclear Wr.ste Policy Act of
( 25 1997, in making any estimate of the costs
75 1 to be incurred by the Government under 2 subsection (c)(2);
f 3 "(ii) rely on projections from the En-4 ergy Information Administration, consist-5 ent with the projections contained in the L 6 reference case in the most recent ' Annual 7 Energy Outlook' published by such Admin-8 istration, in making any estimate of future
- 9 nuclear power generation; and l
l 10 "(iii)' take into account projected bal-11 ances in, and expenditures from, the Nu-L 12- clear Waste Fund.
u .
13 "(C) If the Secretary determines under l 14 subparagraph (B) that either insufficient or ex-
.+
15 cess revenuhs are being collected, the Secretary l-16 shall, at the time of the determination, transmit l
17 to Congress a proposal to a4ust the amount in 18- subparagraph (A)(i) to ensure full cost recov-19 ery. The amount in subparagraph (A)(i) shall
! 20 be adjusted, by operation of law, immediately L - 21 upon enactment of a joint resolution of ap-l 22 proval under paragraph (5) of this subswtion.
[
23 "(D) The Secretary sinali, by rule, establish 24 procedures necessary to implement this para-l 25 graph.
l l_ ,
4eoneon
76 1 "(4) ONE-TI.ilE FEE.-For spent nuclear fuel or 2 solidified high-level radioactive waste derived from 3 spent nuclear fuel, which fuel was used to generate 4 electricity in a civilian nuclear power reactor prior to 5 January 7,1983, the fee shall be in an amount 6 equivalent to an average charge of 1.0 mill per kilo-7 watt-hour for electricity generated by such spent nu-8 clear fuel, or such solidified high-level waste derived 9 therefrom. Payment of such one-time fee prior to the 10 date of enactment of the Nuclear Waste Policy Act 11 et 1997 shall satisfy the obligation imposed under 12 this paragraph. Any one-time fee paid and collected 13 subsequent to the date of enactment of the Nuclear l
14 Waste Policy Act of 1997 pursuant to the contracts, 15 including an[ interest due pursuant to the contracts, 16 shall be paid to the Nuclear Waste Fund no later 17 than September 30, 2001. The Commission shall 18 suspend the license of any licensee who fails or re-19 fuses to pay the full amount of the fees assessed 20 under this subsection, on or before the date on 21 which such fees are due, and the license shall remain 22 suspended until the full amount of the fees assessed 23 under this subsection is paid. The person paying the 24 fee under this paragraph to the Secretary shall have l 25 no further financial obligation to the Federal Gov-
77 1 ernment for the long-term storage and permanent l
!~ 2 disposal of spent fuel or high-level radioactive waste 1
i- 3 derived -from spent nuclear fuel used to generate 1
l 4 electricity in a civilian power reactor prior to Janu-5 ary 7,1983.
6 "(5) EXPENDITCHES IP 8110HTFALL.-If, dur-l 7 ing any fiscal year on or after October 1,1997, the 8 aggregate amount of feeg assessed under this sub-i . 9 section is less than the annual level of appropria-10 tions for expenditures on those activities specified in 11 subsection (d) for that fiscal year, minus the per-l 12 centage of such appropriations required to be funded 1
l 13 by the Federal Government pursuant to section 403, 14 the Secretary may make expenditures from the Nu-15 clear Waste FuriEup to the level equal to the dif-16 ference between the amount appropriated and the 17 amount of fees assessed under this subsection.
l 18 "(6) EXPEDITED PROCEDURES FOR APPROVAL 19 OF CIIANGES TO THE NUCLEAR' WASTE MANDATORY 1 20 FEE.-
{
21 "(A) At any time after the Secretary
'22 transmits a proposal for a fee a@ustment under 1
23 paragraph (3)(C) of this subsection, a joint res- '
24 olution may be introdu'ced in either House of 25 Congress, the matter after the resolving clause t ill 104 PP l
78 1 of which is as follows: 'That Congress approves 2 the adjustment to the basis for the nuclear
- 3. waste mandatory fee, submitted by the Sec-4 retary on
. (The blank space being 5 appropriately filled in with a date.)
6 "(B) A joint. resolution described in sub-7 paragraph (A) shall be referred to the commit-8 tees in each House of Congress with jurisdie-9 tion.
10_ "(C) In the Senate, if the committee to 11 which is referred a joint resolution described in 12 subparagraph (A) has not reported such joint 13 resolution (or an identical joint resolution) at 14 the end of 20 calendar days after the date on 15 which it/is introduced, such committee may be 16 discharged from further consideration of such 17 joint resolution upon a petition supported in l 18 writing by 30 Members of the Senate, and such 19 joint resolution shall be placed on the calendar.
20 "(D) In the Senate, the procedure under p
21 section 802(d) of title 5, United States Code, L 22 shall apply to a joint resolution described under 23 subparagraph (A).
24 "(7) POINTS OF OJtDER.-Notwithstanding any 25 other provision of this Act, no points of order, which ts m er
79 1 rea'.,re 60 votes in order to adopt a motion to waive 2 such point of order, shall be considered to be waived
? during the consideration of a joint resolution under l
l 4 section 401 of this Act.
5 "(8) -LEVEL OF ANNUAL PEE.-Notwithstand-l 6 ing any other provision of this Act, except as pro-l 7 vided in paragraph (3)(C), the level of annual fee for 8 each civilian nuclear powe,r reactor shall not exceed
.9 1.0 mill per kilowatt-hour of electricity generated 10 and sold.
L 11 "(b) ADVANCE CONTRACTING REQUIRE 31ENT.-
12 "(1) IN GENERAL.-
13 "(A) LICENSE ISSUANCE AND RENEWAL.-
t 14 The Commission shall not issue or renew a li-i 15 cense to any3erson to use a utilization or pro-l 16 duction facility under the authority of section i 17 103 or 104 of the Atomic Energy Act of 1964 18 (42 U.S.C. 2133,2134) unless-19 "(i) such person has entered into a 20 contract under subsection (a) with the Sec-
. 21 retary; or l 22 "(ii) the Secretary affirms in writing 23 that such person is actively and in good J 24 faith negotiating with the Secretary for a
[<
! 25 contract under this section.
tsim er j l
r i
80 i
1 "(B) PRECONDITION.-The Commission, 2 as it deems necessary or appropriate, may re-3 quire as a precondition to the issuance or re-4 newal of a license under section 103 or 104 of 5 the Atomic Energy Act of 1954 (42 U.S.C.
- 6 2133, 2134) that the applicant for such license 7 shall have entered into an agreement with the 8 Secretary for the disposal of spent nuclear fuel 9 and high-level radioactive waste that may result 10 from the use of such license.
I1 "(2) DISPOSAI,, IN REPOSITORY.-Except as 12 provided in paragraph (1), no spent nuclear fuel or l 13 high-level radioactive waste generated or owned by 14 any person (other than a department of the United 15 States referr6d to in section 101 or 102 of title 5, l 16 United States Code) may be disposed of by the Sec-l 17 retary in the repository unless the generator or 18 owner of such spent fuel or waste has entered into 19 a contract under subsection (a) with the Secretary 20 by not later than the date on which such generator 21 or owner commences generation of, or takes title to, 22 such spent fuel or waste.
23 "(3) ASSIGNMENT.-The rights and duties of 24 contract holders are assignable.
25 "(c) NUCLEAR WASTE Fcxo.-
t S 104 PP
81 1 "(1) IN GENEltAL.-The Nuclear Waste Fund 2 estabWhed in the Treasury of the United States 3 under section 302(c) of the Nucler Waste Policy 4 Act of 1982 shall continue in effect under this Act 5 and shall consist of-6 "(A) the existing balance in the Nuclear 7 Waste Fund 'on the date of enactment'of the 8 Nuclear Waste Policy Act of 1997; and
-9 "(B) all receipts, proceeds, and recoveries 10 realized under subsections (a)(3), (a)(4), and 11 (c)'3) subsequent to the date of enactment of 12 the Nuclear Waste Policy Act of 1997,.which 13 shall be deposited in the Nuclear Waste Fund 14 immediately upon th'eir realization.
15 "(2) PenPOSics OF TIIE NUCLEAR WASTE FUND 16 AND TIIE NI* CLEAR WASTE OFFSETTING COLLEC-17 Tion.-Subject to subsections'(d) and -(e) of this 18 section, the Secretary may make expenditures from 19 the Nuclear Waste IMnd or the Nuclear Waste Off-20 setting Collection in'section 401(a)(2) only for-21 (A) identification,' development, design, li-l 22 . censing, construction, acquisition, operation, 23 modification, replacement, decommissioning, 24 and post-decommissioning maintenance and S 104 PP- 6
,1
82 1 monitoring of the integrated management sys-2 tem or parts thereof; 3 "(B) the administrative cost of the inte-4 grated management system, including the Of-5 fice of Civilian %dioactive Waste Management 6 under section 102, the Nuclear Waste Technical 7 Review Board uniler section 602, and those of-8 fices under the. Commission involved in regula-
- 9 tion of the integrated management system or 10 parts thereof; and 11 "(C) the prmision of assistance and bene-12 fits to States, units of general local government, 13 nonprofit organizations, joint labor-manage-14 ment organizations, and Indian tribes _ under 15 title If of this Act.
16 "(3) AD311NISTRATION OF NUCLEAR WASTE 17 FUND.-
18 "(A) IN GENERAL.-The Secretary of the 19 Treasury shall hold the Nuclear Waste Fund
! 20 and, after consultation with the Secretary, an-21 nually report to the Congress on the financial 22 condition and operations of the Nuclear Waste 23 Fund during the preceding fiscal year.
24 "(B) A310CNTS IN EXCESS OF CURRENT 25 NEEDS.-If the Secretary determines that the ,
83 1 Nuclear Waste Fund contains at any time 2 amounts in excess of current needs, the Sec-3 retary may request the Secretary of the Treas-4 ury to invest such amounts, or any portion of 5 such amounts as the Secretary determine to be 6 appropriate, in obligations of the United l
7 States-8 "(i) having maturities determined by
. 9 the Secretary of the Treasury to be appro-10 priate to the needs of the Nuclear Waste l
11 Fund; 12 "(ii) bearing interest at rates deter-13 mined to be appropriate by the Secretary 14 of the Treasury, taking into consideration 15 the current average market yield on out-l 16 standing marketable obligations of the 17 United States with remaining periods to 18 maturity comparable to the maturities of 19 such investments, except that the interest 20 rate on such investments shall not exceed 21 the average interest rate ' applicable to ex-22 isting borrowings; and 23 "(iii) interest earned on these obliga-24 tions shall be credited to the Nuclear i 25- Waste Fund. '
l
84 1 "(C) Ex1on noN.-Receipts, proceeds, 2 and recoveries realized by the Secretary under 3 this section, and expenditures of amounts from 4 the Nuclear Waste Fund, shall be exempt from 5 annual apportionment under the provisions of 6 subchapter II of chapter 15 of title 31, United 7 States Code.
8 "(d) BUDGET.-Th,e Secretary shall submit the budg-9 et for implementation of the Secretary's responsibilities 10 under this Act to the Office of Management and Budget i1 annually along with the budget of the Department of En-12 ergy submitted at such time in accordance with chapter 13 11 of title 31, United States Code. The budget shall con-14 sist of the estimates made by the Secretary of expendi-15 tures under this3ct and other relevant financial matters 16 for the succeeding 3 fiscal years, and shall be included 17 in the budget .2 the United States Government.
18 "(e) APPROPRIATIONS.-The Secretary may make ex-19 penditures from the Nuclear Waste Fund and the Nuclear 20 Waste Offsetting Collection, subject to appropriations,
. 21 which shall remain available until expended.
22 "SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE WASTE MAN.
23 AGEMENT.
24 "(a) ESTABLISIDIENT;-There hereby is established 25 within the Department of Energy an Office of Civilian Ra-
85 1 dioactive Waste Management. The Office shall be headed .
2 by a Director, who shall be appointed by the President, 3 by and with the advice and consent of the Senate, and 4 who shall be compensated at the rate payable for level IV 5 of the Executive Schedule under section 5315 of title 5, 6 United States Code.
7 "(b) FcxcTioxs or DIRECTOR.-The Director of the 8 Office shall be responsible for enrrying out the functions
~
9 of the Secretary under this Act, subject to the general su-10 pervision of the Secretary. The Director of the Office shall 11 be directly responsible to the Secretary.
I2 "SEC. 403. FEDERAL CONTRIBUTION.
13 "(a) ALLocariox.-No later than one year from the 14 date of enactment of the Nuclear Waste Policy Act of 15 ~ 1997, acting pursuanh to section 553 of title 5, United ;
i 16 States Code, the Secretary shall issue a final rule estab-17 lishing the appropriate portion of the costs of managing 18 spent nuclear fuel and high-level radioactive waste under )
19 this Act allocable to the interim storage or permanent dis-20 posal of spent nuclear fuel and high-level radioactive waste 21 from atomic energy defense activities and spent nuclear 22 fuel from foreign research reactors. The share of costs al-l-
l i
23 locable to the management of spent nuclear fuel and high-24 level radioactive waste from atomic energy defense activi-
86 1 ties and spent nuclear fuel from foreign research reactors 2 shallinclude-3 "(1) an appropriate portion of the costs associ-4 ated with research and development activities with 5 respect to development of an interim storage facility 6 and repository; and 7 "(2) as appropriate, interest on the principal 8 amounts due calculated by reference to the appro-9 priate Treasury bill rate as if the payments were 10 made at a point in time consistent with the payment 11 dates for spent nuclear fuel and high-level radio-12 active waste under the contracts.
13 "(b) APPllOPIIIATIOx REQl'EST.-In addition to any 14 request for. an appropriation from the Nuclear Waste 15 Fund, the Secreiah shall request annual appropriations 16 from general revenues in amounts sufficient to pay the 17 costs of the management of spent nuclear fuel and high-18 level radioactive waste from atomic energy defense actisi-19 ties and spent nuclear fuel from foreign research reactors, 20 as established under subsection (a).
21 "(c) REPORT.-In cordunction with the annual report 22 submitted to Congress under section 702, the Secretary 23 shall advise the Congress annually of the amount of spent 24 nuclear fuel and high-level radioactive waste from atomic 25 energy defense activities and spent nuclear fuel from for-
. . m ..
f l
1 87 l 1 cign research reactors, requiring management in the inte-l l 2 grated management system. ,
I i
3 "(d) AUTIIOluZATION.-There is authorized to be ap-4 propriated to the Secretary, from general revenues, for 5 carrying out the purposes of this Act, such sums as may 6 be necessary to pay the costs of the management of spent l 7 nuclear fuel and high-level radioactive waste from atomic 8 energy defense activities and spent nuclear fuel from for-
- 9 eign research reactors. as established under subsection 10 (a).
11 " TITLE V-GENERAL AND 12 MISCELLANEOUS PROVISIONS 13 "SEC. 501. COMPLIANCE WITH OTHER LAWS.
I 14 "(a) CONFLICTING REQUlllEMENTS.-Except as pro-15 vided in subsection ($) of this section, a requirement of 16 a State, political su'idivision of a State, or Indian tribe !
17 is preempted if-18 "(1) complying with a requirement of the State, 19 political subdivision, or tribe and a requirement of i 20 this Act or a regulation prescribed under this Act is !
21 not possible; or i 22 "(2) the requirement of the State, political sub-23 division, or tribe, as applied or enforced, is an obsta-24 cle to accomplishing and carbing out this Act or a !
25 regulation prescribed under this Act.
. . ~ , ,
88 1 "(b) SUlWECTS EXPRESSIX PitEEMPTED.-Except 2 as otherwise provided in this Act, a law, regulation, order, .
3 or other requirement of a State, political subdivision of 4 a State, or Indian tribe about any of the following sub-5 jects, that is not substantively the same as a prm*ision of 6 this Act or a regulation prescribed under this Act, is pre-7 empted:
8 "(1) The desipation, description, .and classi-
. 9 fication of spent fuel or high-level radioactive waste.
10 "(2) The packing, repacking, handling, labeling, 11 marking, and placarding of spent nuclear fuel or 12 high-level radioactive waste.
13 "(3) The siting, design, or licensing of-14 "(A) an interim storage facility; 15 "(Ii) a repository; 16 "(C) the capability to conduct intermodal 17 transfer of spent nuclear fuel under section 18 201.
19 "(4) The withdrawal or transfer of the interim 20 storage facility site, the intermodal transfer site, or 21 the repository site to the Secretary of Energy.
22 "(5) The design, manufacturing, fabrication, 23 marking, maintenance, reconditioning, repairing, or 24 testing of packaging 'or a container represented, 25 marked, certified, or sold as qualified for use in 0
89 1 transporting or storing spent nuclear fuel or high-2 level radioactive waste.
3 "SEC. M't. JUDICIAL REVIEW OF AGENCY ACTIONS.
4 "(a) JURISDICTION OF TIIE UNITED STATES COURTS 5 OF APPEALS.-
6 "(1) ORIGINAL AND ENCLUSIVE JURISDIC-7 TION.-Except for review in the Supreme Court of 8 the United States, and except as otherwise provided 9 in this Act, the United States courts of appeals shall 10 have original and exclusive jurisdiction over any cisil 11 action-12 "(A) for review of any final decision or ac-13 tion of the Secretary, the President, or the 14 Commission under this Act; 15 "(B) alleging the failure of the Secretary, 16 the President, or the Commission to make any 17 decision, or take any action, required under this -
18 Act; 19 "(C) challenging the constitutionality of 20- any decision made, or action taken, under any 21 provision of this Act; or 22 - "(D) for review of any environmental im-
- 23. pact statement prepared or emironmental as-24 sessment pursuant to the National Environ-25 mental Policy Act of 1969 (42 U.S.C. 4321 et t S 104 PP
90 1 seq.) with respect to any action under this Act 2 or alleging a failure to prepare such statement 3 with respect to any such action.
4 "(2) VENUE.-The venue of any proceeding 5 under this section shall be in the judicial circuit in 6 which the petitioner involved resides or has its prin-
/ cipal office, or in the United States Court of Appeals 8 for the District of Columbia Circuit.
9 "(b) DEADLINE FOR CO3DIENCING ACTION.-A civil 10 action forjudicial review described under subsection (a)(1) 1I may be brought no later than 180 days after the date of 12 the decision or action or failure to act involved, as the 13 case may be, except that if a party shows that he did not 14 know of the decision or action complained of-(or of the 15 failure to act), and that a reasonable person acting under 16 the circumstances would not have known, such party may 17 bring a civil action no later than 180 days after the date 18 such party acquired actual or constructive knowledge or 19 such decision, action, or failure to act.
20 "(c) APPLICATION OF OTIIER LAW.-The provisions 21 of this section relating to any matter shall apply in lieu 22 of the provisions of any other Act relating to the same 23 matter.
t S 104 PP
l-91 1 "SEC. 503. LICENSING OF FACILITY EXPANSIONS AND 2 TRANSSHIPMENTS.
3 "(a) ORAL Anot; MENT.-In any Commission hearing -
l 4 under section 189 of the Atomic Energy Act of 1954 (42 5 U.S.C. 2239) on an application for a license, or for an 6 amendment to an existing license, filed after January 7, 7 1983, to expand the spent nuclear fuel storage capacity 8 at the site of a civilian nuclear power reactor, through the
. 9 use of high-density fuel storage racks, fuel rod compac-10 tion, the transshipment of spent nuclear fuel to another 11 civilian nuclear power reactor within the same utility sys-l l 12 tem, the construction of additional spent nuclear fuel pool L
13 capacity or dry storage capacity, or by other means, the l 14 Commission shall, at the request of any party, provide an 15 opportunity for oral ar'gument with respect to any matter l
16 which the Commission determines to be in controversy 17 among the parties. The oral argument shall be preceded 18 by such discovery procedures as the rules of the Commis- l I
19 sion shall provide. The Commission shall require each 20 party, including the Commission staff, to submit in writ-21 ten form, at the time of the oral argument, a summary ,
i 22 of the facts, data, and arguments upon which such party 23 proposes to rely that are known at such time to such 24 party. Only facts and data in the form of sworn testimony 25 or written submission may be relied upon by the parties 26 during oral argument. Of the materials that may be sub- 'l l
92 1 mitted by the parties during oral argument, the Commis-2 sion shall only consider those facts and data that are sub-3 mitted in the form of sworn testimony or written submis-4 sion.
5 "(b) AI)JUI)lCATOltY HEARING.-
6 "(1) DESIGNATION.-At the conclusion of any.
7 oral argument under subsection (a), the Commission 8 shall designate any disputed question of fact, to-9 gether with any remdining questions oflaw, for reso-10 lution in an adjudicatory hearing only if it deter-11 mines that--
12 "(A) there is a genuine and substantial 13 dispute of fact which can only be resolved with 14 sufficient accuracy by the introduction of evi-15 dence in a'n adjudicatory hearing; and 16 "(B) the decision of the Commission is 17 likely to depend in whole or in part on +he reso-18 lution of such dispute.
19 "(2) DETElt.\lINATION.-In making a deter-20 mination under this subsection, the Commission-21 '.'(A) shall designate in writing the specific 22 facts that are in genuine and substantial dis-
\
l 23 pute, the reason why the decision of the agency 24 is likely to depend. on the resolution of such
.~
t S 104 PP L_________._._______._____ ___
93 1 facts, and the reason why an adjudicatory hear-2 ing is likely to resolve the dispute; and 3 "(B) shall not consider-l 4 "(i) any issue relating to the design, l 5 construction, or operation of any civilian
!. 6 nuclear power reactor already licensed to 7 operate at such site, or any civilian nuclear 8 power reactor to,which a construction p -
9 mit has been granted at such site, unless 10 the Commission determines that any such 11 issue substantially affects the design, con-12 struction, or operation of the facility or ac-
-13 tivity for which such license application, 14 authorization, or amendment is being con-15 sidered;i N j l
16 "(ii) any siting or design issue fully J 17 considered and decided by the Commission 18 in connection with the issuance of a con-19 struction permit or operating license for a 20 civilian nuclear power reactor at such site, 21 unless-22 "(I) such issue results from any j 23 revision of siting or design criteria by ,
i 1 24 the Commissioh following such deci-25 sion; and t S 104 PP I
94 1 "(II) the Commission determines 2 that such issue substantially affects 3 the design, construction, or operation 4 of the facility or activity for which 5 such license application, authorization, 6 or amendment is being considered.
7 "(3) APPLICATION -The provisions of para-R graph (2)(B) shall, apply only with respect to li-9 censes, authorizations, or amendments to licenses or 10 authorizations, applied for under the Atomic Energy 11 Act of 1954 (42 U.S.C. 2011 et seq.) before Decem-12 ber 31, 2005.
13 "(4) CoxsTuccTrox.-The provisions of this 14 section shall not apply to the first application for a 15 license or 1.icinse amendment received by the Com-16 mission to expand onsite spent fuel storage capacity 17 by the use of a new technology not previously ap-18 proved for use at any nuclear power plant by the 19 Commission.
20 "(c) JUDICIAL REVIEW.-No court shall hold unlaw-21 ful or set aside a decision of the Commission in any pro-22 ceeding described in subsection (a) because of a failure 23 by the Commission to use a particular procedure pursuant 24 to this section unless-e we
r l
1 i
95 1 "(1) an objection to the procedure used was 2 presented to the Commission in a timely fashion or l 3 there are extraordinary circumstances that excuse 4 the failure to present a timely objection; and 5 "(2) the court finds that such failure has pre-6 cluded a fair consideration and informed resolution 7 of a significant issue of the proceeding taken as a 8 whole.
9 "SEC. 504. SITING A SECOND REPOSITORY.
10 "(a) CONGitESSIONAL ACTION REQUIRED.-The Sec-11 retary may not conduct site-specific activities with respect 12 to a second repository unless Congress has specifically au-13 thorized and appropriated funds for such activities.
14 "(b) REPORT.-The Secretary shall report to the 15 President and to CongMss on or after January 1, 2007, 16 but not later than January 1, 2010, on the need for a 17 second repository.
18 "SEC 505. FINANCIAL ARRANGEMENTS FOR LOW. LEVEL 19 RADIOACTIVE WASTE SITE CLOSURE.
20 "(a) FINANCIAL ARRANGEMENTS.-
21 "(1) STANDARDS AND INSTRUCTIONS.-The 22 Commission shall establish by rule, regulation, or l
23 order, after public notice, and in accordance with 24 section 181 of the Atomic Edergy Act of 1954 (42 25 U.S.C. 2231), such standards and instructions as t S 104 PP
96 1 the Commission may deem necessary or desirable to 2 ensure in the case of each license for the disposal of.
3 low-level radioactive waste that an adequate bond, 4 surety, or other financial arrangement (as deter-5 mined by the Commission) will be provided by a li-6 censee to permit completion of all requwements es-L 7 tablished by the Commission for the decontamina-8 ' tion, decommissioning, site closure, and reclamation 9 of sites, structures, and equipment used in conjunc-
.10 . tion with such low-level radioactive waste. Such fi-11 nancial arrangements . shall be provided and ap-12 proved by the Commission, or, in the case of sites 13 within the boundaries of any agreement State under 14 section 274 of the Atomic Energy Act of 1954 (42 15 U.S.C. 2021)',' by the appropriate State or State en-16 tity, prior to issuance of licenses for low-level radio-17 active waste disposal or, in the' case of licenses in ef-18 fect on January 7,1983, prior to termination of 19 such licenses.
20 "(2) BONDING, SURETY, OR OTIIER FINANCIAL 21 ARRANGEMENTS.-If the Commission determines 22 that any long-term maintenance or monitoring, or 23 both, will be necessary at a site described in para-
! . 24 graph (1), the Commission shall ensure before termi-L nation of the license involved that the licensee has 25
+R W PD
97 1 made available such bonding, surety, or other finan-2 cial arrangements as may be necessary to ensure 3 that any necessary long-term maintenance or mon-4 itoring needed for such site will be carried out by 5 the person having title and custody for such site fol-6 lowing license termination.
7 "(b) TITLE AND CUSTODY.-
8 "(1) ACTIlORITY QF SECRETARY.-The See-
- 9 retary shall have authority to assume title and cus-10 tody of low-level radioactive waste and the land on i1 which such waste is disposed of, upon request of the 12 owner of such waste and land and following termi-13 nation of the license issued by the Commission for 14 such disposal, if the Commission detennines that-15 "(A) tl$b requirements of the Commission 16 for site closure, decommissioning, and decon-17 tamination have been met by the licensee in-18 volved and that such licensee is in compliance 19 with the provisions of subsection (a);
20 "(B) such title and custody will be trans-21 ferred to the Secretary without cost to the Fed-22 eral Government; and 23 "(C) Federal ownership and management 24 of such site is necessary or desirable in order to I- -
98 1 protect the public health and safety, and the 2- environment.
3 "(2) PROTECTION.-If the Secretary assumes 4 title and custody of any such waste and land under 5 this subsection, the Secretary shall maintain such 6 waste and land in a manner that will protect the 7 public health and safety, and the environment.
8 "(c) SPECIAL SITES.-If the low-level radioactive 9 waste involved is the result'of a licensed activity to recover
'10 zirconium, hafnium, and rare earths from source material, 11 the Secretary, upon request of the owner of the site in-12 volved, shall assume title and custody of such waste and 13 the land on which it is disposed when such site has been 14 decontaminated and stabilized in accordance with the re-15 quirements established by the Commission and when such 16 owner has made adequate financial arrangements ap-17 proved by the Commission for the long-term maintenance 18 and monitoring of such site.
19 "SEC. 506. NUCLEAR REGULATORY COMMISSION TRAINING 20 AUTHORI7ATION.
21 "The Commission is authorized and directed to pro-22 mulgate regulations, or other appropriate regulatory guid-23 ance, for the training and qualifications of civilian nuclear 24 power plant operators, supervisors, technicians, and other 25 appropriate operating personnel. Such regulations or guid-f S 104 PP
r 9o 1 ance shall establish simulator training requirements for 2 applicants for civilian nuclear power plant operator li-3 censes and for operator requalification programs; require-4 ments governing Commission administration of requali-l l 5 fication examinations; requirements for operating tests at c
6 civilian nuclear power plant simulators, and instructional 7 requirements for civilian nuclear power plant licensee per-8 sonnel training programs.
l- ,
. 9 "SEC. 507. EMPLACEMENT SCHEDULE.
10 "(u) The emplacement schedule shall be implemented 11 in accordance with the following:
12 "(1) Emplacement priority ranking shall be de- j 13 termined by the Department's annual ' Acceptance 14 Priority Ranking' report.
15 "(2) Subject tYthe conditions contained in the 16 license for the interim storage facility, the Sec-17 retary's spent fuel and high-level radioactive waste
]
18 emplacement rate shall be no less than the following: !
19 1,200 MTU in fiscal year 2003 and 1,200 MTU in-20 fiscal year 2004; 2,000 MTU in 5 scal year 2005 and 21 2000 MTU in fiscal year 2006; 2,700 MTU in 5 scal f 22 year 2007; and 3,000 MTU annually thereafter.
23 "(3) Subject to the conditions contained in the l
l 24 license for the interim storage facility, of the I
l i
+ R 104 PP
l
-100 l
1 amounts provided for in paragraph (2) for each 2 year, not less than one-sixth shall be-3 "(A) spent nuclear fuel or high-level radio-4 adive waste of domestic origin from civilian nu-5 clear power reactors that have permanently 6 ceased operation on or before the date of enact-7 ment of the Nuclear Waste Policy Act of 1997.
8 "(B) sp,ent nuclear fuel from foreign re-9 . search reactors, as necessary to promote non-10 proliferation activities; and 11 "(C) spent nuclear fuel, including spent 12 nuclear fuel from naval reactors, and high-level i
13 radioactive waste from research or atomic en-14 ergy defense activities: Provided, however, That 15 the secretary shall accept not less than five 16 percent of the total quantity of fuel and high-17 les ci radioactive waste accepted in any year i 18 from the categories of radioactive materials de-19 scribed in subparagraphs (B) and (C).
l-20 "(b) If the Secretary is unable to begin emplacement 21 by June 30,2003 at the rates specified in subsection (a),
t 22 or if the cumulative amount emplaced in any year there-23 after is less than that which would have been accepted 24 under the emplacement rate specified in subsection (a),
25 the Secretary shall, as a mitigation measure, a@ust the
101 1 emplacement schedule upward such that within 5 years 2 of the start of emplacement by the Secretary-3 "(1) the total quantity accepted by the See-4 retary is consistent with the total quantity that the 5 Secretary would have accepted if the Secretary had 6 began emplacement in fiscal year 2003, and 7 "(2) thereafter the emplacement rate is equiva-8 lent to the rate that would be in place pursuant to 9 subsection (a) above if the Secretary had commenced 10 emplacement in fiscal year 2003.
I l "SEC. 508. TRANSFER OF TITLE.
12 "(a) Acceptance by the Secretary of any spent nu-13 clear fuel or high-level radioactive waste shall constitute 14 a transfer of title to the Secretary.
15 "(b) No later thin 6 months following the date of 16 enactment of the Nuclear Waste Policy Act of 1997, the
- 17 Secretary is authorized to accept all spent nuclear fuel 18 withdrawn from Dairyland Power Cooperative's La Crosse 19 Reactor and, upon acceptance, shall provide Dairyland 20 Power Cooperative with evidence of the title transfer. Im-21 mediately upon the Secretary's acceptance of such spent
[ 22 nuclear fuel, the Secretary shall assume all responsibility 23 and liability for the interim storage and permanent dis-24 posal thereof and is authorized to compensate Dairyland 25 Power Cooperative for any costs related to operating and 9 0 1 M DD Q
102 1 maintaining facilities necessary for such storage from the 2 date of acceptance until the Secretary removes the spent 3 nuclear fuel from the La Crosse Reactor site.
4 "SEC. 509. DECOMMISSIONING PILOT PROGRAM.
5 "(a) AUTIIORIZATION.-The Secretary is authorized 6 to establish a Decommissioning Pilot Program to decom-7 mission and decontaminate the sodium-cooled fast breeder 8 experimental test-site reactor located in northwest Arkan-9 sas.
10 "(b) FcxDIxo.-No fimds from the Nuclear Waste 11 Fund may be used for the Decommissioning Pilot Pro-12 gram.
13 "SEC. 510. WATER RIGHTS.
14 "(a) NO FEDERAL RESERVATION.-Nothing in this 15 Act or any other. Act of Congress shall constitute or be 16 construed to constitute either an express or implied Fed-17 eral reservation of water or water rights for any purpose 18 arising under this Act.
19 "(b) ACQUISITION AND EXERCISE OF WATER 20 RIGIITS UNDER NEVADA LAW.-The United States may 21 acquire and exercise such water rights as it deems nec-22 essary to carry out its responsibilities under this Act pur-23 suant to the substantive and procedural requirements of 24 the State of Nevada. Nothing in this Act shall be con-t S 104 PP
i 103 1 strued to authorize the use of eminent domain by the 2 United States to acquire water rights for such lands.
3 "(e) EXEllCISE OF WATElt RicitTs GENEllALLY 4 UNDElt NEVADA Laws.-Nothing in this Act shall be con-5 strued to limit the exercise of water rights as provided 6 under Nevada State laws.
7 "SEC. 511. DRY STORAGE TECHNOLOGY.
(
8 "The Commission is authyized to establish, by rule,
. 9 procedures for the licensing of any technology for the dry 10 storage of spent nuclear fuel by rule and without, to the 11 maximum extent possible, the need for site-specific ap-12 provals by the Commission. Nothing in this Act shall af-13 feet any such procedures, or any licenses or approvals is-14 sued pursuant to such procedures in effect on the date 15 of enactment of the h$ clear Waste Policy Act of 1997.
16 " TITLE VI-NUCLEAR WASTE TECHNICAL 17 RhVIEW BOARD 18 "SEC. 001. DEFINITIONS. ,
19 - "For purposes of this title-l 20 "(1) CIIAUOTAN.-The term ' Chairman' means 21 the Chairman of the Nuclear Waste Technical Re-22 view Board, l
23 "(2) BOARD.-The term ' Board' means the Nu- 1 l
24 clear Waste Technical Review Board continued !
25 under section 602.
. . . . on
4 104 1 "SEC. 802. NUCLEAR WASTE TEC11N) CAL REVIEW BOARD.
2 "(a) CONTINUATION OF TILE NUCLEAll WASTE 3 TEc11NICAL REVIEW BOAlto.-The Nuclear Waste Tech-4 nical Raiew Board, established under section 502(a) of 5 the Nuclear Waste Policy Act of 1982 as constituted prior:
6 to the date of enactment of the Nuclear Waste Policy Act 7 of 1997, shall continue in effect subsequent to the date 8 of enactment of the Nuclear Waste Policy Act of 1997.
9 "(b) ME3111 Ells.-
10 "(1) NU31 Dell.-The Board shall consist of 11 11- members who shall be appointed by the President 12 not later than 90' days after December 22, 1987, 13 from among persons nominated by the National 14 Academy of Sciences in accordance with paragraph 15 (3). .]
16 "(2) CIIAllt.-The President shall designate a 17 member of the Board to serve as Chairman.
18 "(3) NATIONAL ACADEMY OF SCIENCES.-
! 19 "(A) NOMINATIONS.-The National Acad-20 emy of Sciences shall, not later than 90 days 21 after December 22, 1987, nominate not less 22 than 22 persons nr appointment to the Board 23 from among persons who meet the qualifica-24 .tions described in subparagraph (C).
25 "(B) VACANCIES.-The National Academy 26 of Sciences shall nominate not less than 2 per- ,
n .
i 105 1- sons to 611 any vacancy on the Board from 2 'among persons who meet the qualifications de-3 : scrikd in subparagraph (C). -
4 "(C) NOMINEES.-
l 5 "(i) Each person nominated for ap-i 6 pointment to the Board shall be-7 "(I) eminent in a field of science 8-or engineering, including environ-9 mental sciences; and
.10 "(II) selected solely on the basis 11 of established records of distinguished-l 12 service.
13 "(ii) The membership of the Board 14 ,
shall be rspresentatives of the broad range 1 <
15 of scielitific and engineering disciplines re-i l
I16 lated to activities under this title.
i 17 "(iii) No. person shall be nominated 18 for appointment to the Board who is an 19 employee of- g 20 "(I) the Department of Energy; 21 .
"(II) a national laboratory under-22 contract with the Department of En-23 ergy; or ..
24 "(III) an entity performing spent 25 , nuclear fuel or high-level radioactive 1 ,
)
l 106 I waste activities under contract with 2 the Department of Energy.
3 "(4) VACMCIES.-Any vacancy on the Board 4 shall be filled by the nomination and appointment 5 process described in paragraphs (1) and (3).
6 "(5) TEIDIS.-Members of the Board shall be 7 appointed for terms of 4 years, each such term to 8 commence 120 days,after December 22,1987, ex-9 cept that of the 11 members Srst appointed to the 10 Board, 5 shall serve for 2 years and 6 shall serve 1I for 4 years, to be designated by the President at the 12 time of appointment, except that a member of the 13 Board whose term has expired may continue to serve 14 as a member of the Board until such member's suc-
^
15 cessor has taken office.
16 "SEC. 603. FUNCTIONS.
17 "The Board shall evaluate the technical and scientific 18 validity of activities undertaken by the Secretary after De-19 cember 22,1987, including-20 "(1) site characterization activities; and 21 "(2) activities relating to the packaging or 22 transportation of high-level radioactive waste or 23 spent nuclear fuel.
i l
l l
107 1 SEC. 604. INVESTIGATORY POWERS.
2 "(a) HEARINGS.-Upon request of the Chairman or 3 a majority of the members of the Board, the Board may 4 hold such hearings, sit and act at such times and places, ,
5 take such testimony, and receive such evidence, as the 6 Board considers appropriate. Any member of the Board 7 may administer oaths or affirmations to witnesses appear-i 8 ing before t'ie Boani.
9 "(b) PRODUCTION OF DOcclENTs.-
10 "(1) RESPONSE TO ISQUIRIES.-Upon the re-11 quest of the Chairman or a majority of the members 12 of the Board, and subject to existing law, the Sec-13 retary (or any contractor of the Secretary) shall pro-i 14 vide the Board with such records, files, papers, data, 15 or information as may be necessary to respond to l 16 any inquiry of the Board under this title.
17 "(2) AVAILABILITY OF DRAFTS.-Subject to ex-18 isting law, information obtainable under paragraph j 19 (1) shall not be limited to Snal work prodnets of the i
20 Secretary, but shall indude drafts of such products !
21 and documentation of work in progress.
I 22 "SEC. 805. COMPENSATION OF MEMBERS.
23 "(a) IN GENElut.-Each member of the Board shall 24 ha paid at the iate of pay payable for level HI of the Exec
.25 utive Schedule for each day (including travel time) such 26 member is engaged in the work of the Board.
l E_
i 108 1 "(b) TluYEL EN1'ENSEs.-Each member of the 2 Board may receive travel expenses, including per diem in 3 lieu of subsistence, in the same manner as is permitted 4 under sections 5702 and 5703 of title 5, United States 5 Code.
6 "SEC. 806. STAFF.
7 "(a) CLERICAL STAFF.-
8 "(1) ACTilOltlTY OF CllA1101AN.-Subject to paragraph (2), the Chairman may appoint and fix 9
10 the compensation of such clerical staff as may be 11 necessary to discharge the responsibilities of the 12 Board.
13 "(2) PROVISIONS OF TITLE 5.-Clerical staff 14 shall be appojnted subject to the provisions of title 15 5, . United States Code, governing appointments in 16 the competitive service, and shall be paid in accord-17 ance with the provisions of chapter 51 and sub-18 chapter III of chapter 3 of such title relating to clas-19 sification and General Schedule pay rates.
20 "(b) PROFESSIONAL STAFF.-
21 "(1) AUTilORITY OF CIIA1101AN.-Subject to 22 paragraphs (2) and (3), the Chairman may' appoint 23 and fix the compensation of such professional staff 24 as may be necessary to discharge the responsibilities 25 of the Board. ,
! 1 l
109 1 "(2) NUM13ER.-Not more than 10 professional 2 staff members may be appointed under this sub-3 section.
4 "(3) TITLE 5.-Professional staff members may 5 be appointed without regard to the provisions of title 6 5, United States Code, governing appointments in 7 the competitive service, and may be paid without re-8 gard to the praisions of cliapter 51 and subchapter I
9 III of chapter 53 of such title relating to classi5ca-10 tion and General Schedule pay rates, except that no 11 individual so appointed may receive pay in excess of l 12 the annual rate of basic pay payable for GS-18 of j i
13 the General Schedule.
14 "SEC. 607. SUPPORT SERVICES. l 15 "(a) GENERAL SERVICES.-To the extent permitted 16 by law and requested by the Chairman, the Administrator 17 of General Services shall provide the Board with necessary 18 administrative services, facilities, and support on a reim-19 bursable basis.
20 "(b) ACCOUNTINo, RESEARCII, AND TECIINOLOGY 21 ASSESSMENT SERVICES.-The Comptroller General and l
i 22 the Librarian of Congress shall, to the extent permitted 23 by law and subject to the availabili,ty of funds, provide the 24 Board with such facilities, support, funds and services, in-1 L-
110 1 cluding staff, as may be necessary for the effective per-2 formance of the functions of the Board.
-3 "(c) AnotrioxAL SUPronT.-Upon the request of 4 the Chairman, the Board may secure directly from the 5 head of any. department or agency of the United States 6 information necessary to enable it to carry out this title.
7 "(d) MAILS.-The Board may use the United States 8 mails in the same mannfr and under the same conditions
~
9 as other departments and agencies of the United States.
10 "(e) EXPERTS AND CONSULTANTS.-Subject to such 11 rules as may be prescribed by the Board, the Chairman 12 may procure temporary and-intermittent services under 13 section 3109(b) of title 5 of the United States Code, but 14 at rates for individuals not to exceed the daily equivalent 15 of the maximum annual rate of basic pay payable for GS-16 18 of the General Schedule.
17 "SEC. 608. REPORT.
18 "The Board shall report not less than 2 times per 19 year to Congress and the Secretary its findings, conclu-20 sions, and recommendations.
21 "SEC.809. AUTHORIZATION OF APPROPRIATIONS.
22 "Nothwithstanding~ section 401(d), and subject to 23 section 401(e), there are authorized to be appropriated for 24 expenditures from amounts in the Nuclear Waste Fund
111 1 under section 401(c) such sums as may be necessary to 2 carry out the provisions of this title.
3 "SEC. 610. TERMINATION OF THE BOARD.
4 "The Board shall cease to exist not later than one 5 year after the date on which the Secretary beg:ns disposal 6 of spent nuclear fuel or high-level radioactive waste in the 7 repository.
8 " TITLE VII-MANAGEMENT REFORM 9 "SEC. 701. MANAGEMENT REFORM INITIATIVES.
10 "(a) Ix GENEllAL.-The Secretary is directed to take 11 actions as necessary to improve the management of the 12 civilian radioactive waste management program to ensure 13 that the program is operated, to the maximum extent 14 practicable, in like manner as a private business.
i 15 "(b) At nits.
16 "(1) STAxnAnn.-The Office of Civilian Radio- l 17 active Waste Management, its contractors, and sub-18 contractors at all tiers, shall conduct, or have con- .
1 19 ducted, audits and examinations of their operations 20 in accordance with the usual and customary prac-tices of private corporations engaged in large nuclear i 21 22 construction projects consistent with its role in the 23 program.
24 "(2) TIME.-The management practices and 25 pcrformances of the Office of .~Civilian Radioactive I
i 112 1 Waste Management shall be audited every 5 years
[ 2 by an independent management consulting firm with 3 significant experience in similar audits of private 4 corporations engaged in large nuclear construction 5 projects. The first such audit shall be conducted 5 6 years after the enactment of the Nuclear Waste Pol-7 icy Act of 1997.
8 "(3) TOIE.-No audit contemplated by this
. 9 subsection shall take longer than 30 days to con-10 duct. An audit report shall be issued in final form 11 no longer than 60 days after the audit is com-12 menced.
13 "(4) PUntle DocU.TIENTs.-All audit reports 14 shall be public documents and available to any indi-
.2 15 vidual upori request.
16 "(c) VALUE ENGINEEltlNG.-The Secretary shall cre-17 ate a value engineering function within the Office of Civil-l 18 inn Radioactive Waste Management that reports directly 19 to the Director, which shall carry out value engineering l 20 functions in accordance with the usual and customary 21 practices of private corporations engaged in large nuclear 22 construction projects.
23 "(d) SITE CIIARACTERIZATION.-The Secretary shall 24 employ, on an on-going basis, integrated performance '
25 modeling to identify appropriate parameters for the re-
113 l maining site characterization effort and to eliminate stud-2 ies of parameters that are shown not to affect long-term 3 repository performance.
4 "SEC. 702. REPORTING.
5 "(a) INITIAL REPORT.-Within 180 days of enact-6 ment of this section, the Secretary shall report to Con-7 gress on its planned actions for implementing the prosi-8 sione of this Act, including the development of the Inte- ]
9 grated Waste Management System. Such report shall in-10 clude
- 11 "(1) an analysis of the Secretary's progress in 12 meeting its statutory and contractual obligation to 13 accept title to, possession of, and delivery of spent l
14 nuclear fuel and high-level radioactive waste in ac- l h 15 cordance with the" emplacement schedule under sec- l 16 tion 507; 17 "(2) a detailed schedule and timeline showing ,
i 18 each action that the Secretary intends to take to
- 19 meet the Secretary's obligations under this Act and
?0 the contr: ets; 21 "(3) a detailed description of the Secretary's .
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22 contingency plans in the event that the Secretary is 23 unable to meet the planned schedule and timeline; 24 and t S 104 PP
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114 1 "(4) an analysis by the Secretary of its fimding 2 -needs for the five fiscal years beginning after the fis-3 cal year in which the date of enactment of the Nu-4 clear Waste Policy Act of 1997 occurs.
5 "(b) ANNt'AL REPORTS.-On each anniversary of the 6 submittal of the report required by subsection (a), the See-7 retary shall make annual reports to the Congress for the 8 purpose of updating the information contained in such re-9 port. The annual reports shall be brief and shall notify 10 the Congress of-11 "(1) any modifications to the Secretary's sched-12 ule and timeline for meeting its obligations under 13 this Act; 14 "(2) the reasons for such modifications, and the 15 status of the implementation of' any of the Sec-16 retary's contingency plans; and 17 "(3) the Secretary's analysis of its funding 18 needs for the ensuing 5 fiscal years.
19 " TITLE VIII-MISCELLANEOUS 20 "SEC. 8')1. SENSE OF THE SENATE.
21 "It is the sense of the Senate that the Secretary and 22 the petitioners in Northern States Power (Minnesota), v.
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23 Department of Energy, pending before the United States 24 Court of Appeals for the District of Columbia Circuit (No.
25 97-1064), should enter into a settlement agreement to re-t S 104 PP
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( 115 i 1 solve the issues pending before the court in that case prior l 1
l 2 to the date of enactment of the Nuclear Waste Policy Act 3 of 1997. l 4 "SEC. 802. EFFECTIVE DATE.
5 "Except as otherwise provided m this Act, this Act 6 shall become effective one' day after enactment.".
7 SEC. 2. SENSE OF THE SENATE REGARDING ASSISTANCE 8 FOR ELDERLY AND DISABLED LEGAL IMMI-9 GRANTS.
10 It is the sense of the Senate that elderly and disabled 11 legal immigrants who are unable to work should receive 12 assistance essential to their well-being, and that the Presi-13 dent, Congress, the States, and faith-based and other or-14 ganizations should continue to work together toward that 15 end.
Passed the Senate April 15,1997.
Attest:
Secretary.
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September 3, 1997 g*...*,/
CHAaMAAN l
The Honorable Thomas J. Oliley, Jr., Chairman Committee on Commerce .
United States House of Representatives .
Washington, D.C. 20515
Dear Mr. Chairman:
The United States Nuclear Regulatory Commission hRC) has recently reviewed draft bill
' provisions developed by members of the House Commerce Committee for reauthorization of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). We understand that various portions of the draft legislation wers developed by different members of the Committee, but for ease of reference, in this letter we will refer to the legislation as a single draft bill.
CERCLA reauthorization legislation is of great importance to the Commission because of its
.- potential applicability to cleanup of residual radioactivity resulting from the presence at a facility of material that falls under the jurisdiction of the NRC. While the draft bill generally directs the President to select a remedial action, it is most likely that the Presider,! would delegate this authority to the Environmental Protection Agency (EPA), which would view the legislation as a mandate to select the cleanup standards to be applied. We view this as problematical since, dest.ite the bill's potential applicability to cleanup of residual radioactivity, the bili does not provide any role for the NRC with respect to selection or application of cleanup standards. Since the NRC has the primary expertise in the Govemment with respect to regulation of radioactive material used by commercial facilities, the Commission does not believe the lack of a role for NRC to be practical or appropriate.
We further note that while this bill provides a role for States and Indian Tribes, it does not require consultation with Federal agoncies that hsve an interest in the decisions being made.
in light of this, the Commission strongly urges that a provision be added to the bill that makes !
clear that standards issued by the NRC for cleanup of Atomic Energy Act materials shall control.
More specifically, the Commission has the following concems about the bill: '
- 1. Lack of finality in cleanuo activities. Pursuant to its authority under the Atomic !
Energy Act of 1954 and the Energy Reorganization Act of 1974, the NRC has issued l a final rule that addresses radiological criteria for license termination. (Sit 62 Fed. )
Reg. 39058, July 21,1997) This rule provides a clear and consistent regulatory basis i for determining the adequacy of remediation of residual radioactivity resulting from the !
possession of Atomic Energy Act material. It is, therefore, unnecessary and I inappropriate to have another Govemment agency make a determination of the l appropriate standard fer application to the cleanup of such material at sites regulated !
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- 2 by the NRC or by States that have entered into an agreement with the NRC whereby the NRC has relinquished its authonty over radioactive material to the State. Unless this problem is resolved by the legislation. it may make it extremely d'*ficult for the L cleanup of a site containing residual radioactivity to reach finality. m a result, potential cleanup liability of parties who have beer. associated with an affected site may be viewed as being limitless in duration and amount.
l
- 2. Neaative imoact on NRC's Aareement State proaram The House draft bill would L aflow States to apply to EPA for authority to conduct response actions under CERCLA at National Priorities List sites. It would alim a State to submit an application for delegation of authority to conduct CERCLA actions at sites containing Atomic Energy Act material if the State demonstrates to EPA that it has expertise in radionuclides. '
EPA would be given 90 days to review a state application for authorization to exercise l this authority. EPA may disapprove State authority over AEA materials if EPA finds the_ state does not have such expertise. IF EPA dpes not make a decision within the 90 days,~ the application is deemed approved.
These provisions could result in conflicts with decisions made by NRC with respect to
(
its Agreement State program. Section 274 of the Atomic Energy Act provides a program under which an interested State may enter into an agreement with the NRC (thereby becor. ling an ' Agreement State') for the NRC to relinquish its authority over radioactive material within the State. NRC retains continuing responsibility to review the State's rargulatory orogram to ensure, among other things, that the program is adequate to protect the public health and safety. If an Agreement State's ability to conduct CERCLA cleanups at sites containing radioactive material is made subject to a determination by EPA this has the potentiel for creating duplicative findings and significant
- problems between NRC and EPA, and could raise questions
regarding the continuing viability of the Agreement State program and the authority of the States that have entered into the pro'g' ram.
- 3. Inaosropriate use of MCLs for cleanuo of radionuclider. The bill contemplates the use of Maximum Contamini nt Levels (MCLs) established under the Safe Drinking Water Act as standards for cleanup of contaminated ground water, The Commission is opposed to the application of MCLs for cleanup of radionuclides at sites regulated by j
the NRC or an Agreement State, and considers the use of MCLs in such l
circumstances to be inappropriate MCLs do not lead to a consistent radiological dose. Radioiogical dose is the appropriate measure for the cleanup of radiologically l contaminated areas. The Commission has adopted, by mismaking, an 'all pathways" standard that it considers to be adequately protective of public health and safety and the environment. We would also note that the House high-level waste bill, H.R.1270, which nas been forwarded to the Full Hout e Committee on Commerce by its
- Subcommittee on Energy and Power. spe:ilically adopted an all pathways approach without a separate groundwater standard. One way to address this issue ir. this CERCLA legislation would be to recognite, and give credit and finality to, the NRC's all pathways standard that is now reflected in NRC's new regulations on decontamination and decommissioning.
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3 We have enclosed draft largislative language that would resolve issues raised by the bill that are of particular concem to the Commission. We have used the draft bill developed by members of the Committee to illustrate how the language could appropriately be inserted, but it could be included in any CERCLA reauthorization bill under consideration. The exact placement of the enclosed language wou'd, of course, differ depending on the format of the bill under consideration.
In addition, we believe that it is important to make clear that the exceptions to the notification and liability provisions of CERCLA sections 102 and 107 that apply to Federally permitted releases of Atomic Energy Act material by a licensee also apply to a release of Atomic Energy Act material after a license has been terminated. Therefore, we have also enclosed legislative language that would amend the definition of " Federally permitted release" in section 101(10)(K) of CERCLA. Adopt 6n J this !anguage would ensure that releases presenting the same risk receive the same treatment under the notification and liability requirements of the Act.
- We Would, of course, be pleased to work with the Cornmerce Committee to refine the appropriate placement of the draft legislative language that is enclosed, and to ensure that any necessary conforming changes are made to other provisions of the legislation.
Sincerely, Shirley Ann Jackson ;
Enclosures:
As stated ,
cc: Congressman John D. Dingell i
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l DRAFT LEGISLATION TO AMEND CERCLA $ 121 Section 121 of the Comprehensive Environmental Respo'nse, Compensation and Liability Act of 1980 (42 U.S.C,9621)is further amended by adding the following new paragraph at the end of subsection (b)"
l
- (4) SOURCE, BYPRODUCT, AND SPECIAL NUCLEAR MATERIAL-A remedial action for source, byproduct, or special nuclear material (as defined by the Atomic Energy Act of 1954 (42 U.S.C. $ 2011 et seq.)) that falls under the jurisdiction of the Nuclear Regulatory Commission or a State under an Agreement entered into l pursuant to section 274 of the Atomic Energy Act of 1954 shall be considered to be I
protective of human health and the environment if it complies with the regulations of the Commission or State (whichever is applicable), unless the Chairman of the Nuclear Regulatory Commission or the Govemor of the State advises the President
! that the Commission or State has determined that application of the re,quirements of this section would be in the best interest of protecting human health, safety, and the environment. A remedial action that complies wi'h the regulations of the Commission shall satisfy the requirements for remediation and control for such material contained in this Act." .
l
- Note that this placement of the proposed ame ndment of section 121 is based on draft bill provisions developed by members of the House Commerce Committee. The exact placement of the amendment in the legislation will depend on the version of the bill under consideration. Conforming changes may also be naeded in other provisions of the bill.
- c. . .
DRAFT LEGISLATION TO AMEND CERCLA S 101(10)(K)
Section 101(10) of the Comprehensive Environmental Response. Compensation and Liability Act (42 U.S.C. 99601(10)) is amended by inserting the following before the period at the end of paragraph (K):
- or any release of such materialin accordance with regulations of the Nuclear Regulatory Commission following termination of a license issued by the Nuclear 1
Regulatory Commission pursuant to the Atomi: Energy Act of 1954 (42 U.S.C. 5 2011 I l
et seq.) or by a State acting under an Agreement entered into pursuant to section 274
. of the Atomic Energy Act of 1954
- Note that the section of the bill that contains this amendment should also contain a separate provision that provides the following: l l
"The amendment of section 101(10)(K) contained in this section shall be effective only with respect to licenses terminated on or after the effective date of this Act."
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NUCLEAR REGULATORY COMMISSION q['
WA:HINoToN. D.C. 20666400t l September 3, 1997 ti s e.... '
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I The Honorable John H. Chafee, Chairman l Committee on Environment and Public Work United States Senate .
Washington, D.C. 20510
Dear Mr. Chairman:
The United States Nuclear Regulatory Commission (NRC) has recently reviewed portions of a July 17,1997 draft bill developed by the Majonty members of the Senate Environment and Public Works Committee for reauthorization of the Comprehensive Environrnental Response.
Compensation, and Liability Act of 1980 (CERCLA). CERCLA reauthorization leg! station is of great importance to the Commission because of its potential applicability to cleanup of I residual radioactivity resulting from the presence at a facility of material that falls under the jurisdiction of the NRC. Th's draft bill would, for the first time, make statutory specific residual risk standards applicable to cleanup of radioactive material, and it would not provide any role for the NRC with respect to selection or application of such cleanup standards. Since the NRC has the primary expertise in the Govemment with respect to regulation of radioactive material used by commercial facdities, the Commission does not believe the lack of a role for the NRC to be practical or appropriate. We further note that some versions of CERCLA reauthorization legislation would require the Environmental Protection Agency (EPA) to consult with States, Indian Tribes, and local citizens g oups. It would seem proper to include among those required to be consulted those Federal agencies that have an interest in the decisions being made. i More specifically, the Commission strongly opposes the bill's application to cleanup of radioactive material based on the following concems:
- 1. Lack of finality in cleanuo activities. Pursuant to its authority under the Atomic Energy Act of 1954,and the Energy Reorganization Act of 1974, the NRC has issued a fmal rule that address.es radiological criteria for license termination. (San 62 Fed.
Reg. 39058, July 21,1997) This rule provides a clear and consistent regulatory basis for determining the ' adequacy of remediation of residual radioactivity resulting from the possession of Atomic Energy Act material. It is, therefors, unnecessary and inappropriate to create an additional statutory standard for application to the cleanup of such material at sites regulatec by the NRC or by States that have entered into an agreement with the NRC whorsby the NRC has relinquished its authority over radioactive materiallto the State. Creating an additional cleanup standard may roake it extremely difficult for the cleanup of a site containing residual radioactivity to reach ,.
final:ty. As a result, potential c'ennup liability of parties who have been associated
.j ' E- j, with an affected site may be viewed as being limitless in duration and amount.
97o9112023s-970903 .7 PDR COMMS PetCC CORRESPONDENCEPDRg. Qlll ll)l,h.l fg#f't
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- 2. Neastive imoact on NRC's Aareement State procram. Section 274 of the Atomic i Energy Act provides a program under which an interested State may enter into an
, agreement with the NRC (thereby becoming an " Agreement Stats') for the NRC to relinquish its authority over radioactive material within the State. NRC retains continuing responsibility to review the State's reguistory program to ensure, among other things, that the program is adequate to protect the public health and safety, if an Agreement State's ability to conduct CERCLA cleanups at sites centaining radioactive material is r'n ade subject to a determination by EPA this has the potential for creating duplicative finding
- and significant ' coordination' proolems between NRC and EPA, and could raise qt .tions regarding the continuing viability of the Agreement State program and the authority of the States that have entered into the program. ,
- 3. Inaoorooriate use of MCLs for cleanuo of radionuclides. The bill contemplates the use of Maximum Contaminant Levels (MCLs) established under the Safe Drinking Water Act as standards for cleanup of contaminakd ground water. The Commission is ;
opposed to the application of MCLs for cleanup of radionuclides at sites regulated by ;
the NRC or an Agreement State, and considers the use of MCLs in such I circumstances to be inappropriate. MCLs do not lead to a consistent radiological l dose. Radiological dose is the appropriate measure for the cleanup of radiologically j conta ninated areas. The Commission has adopted, by nJlemaking, an "all pathways
- 1 standard that it considers to be adequately protective of public health and safety and the environment, We would also note that the Senate-passed high level waste legislation S.104, specifically adopted an all pathways approach without a separate ,
. groundwater standard. One way to address this issue in this CERCLA legislation l would be to recognize, and give credit and finality to, the NRC's all pathways standard j that is now reflected in NRC's new regulations on decontamination and decommissioning.
- 4. Overiv restrictive standards. The draft bill would provide that a remedial action !
shall *be considered to protect human health if ... the remedial action ... (I) achieves a l
residual risk from exposure to nonthreshold carcinogenic hazardous substances ...
such that cumulative lifetime additional cancer from exposure to hazardous substances ... from releases at the facility range fram 10d to 10* for the affected ,
population'. The Commission believes that this criterion is overty restrictive with !
respect to radioactively contaminated releases, particularly as it is not stated to be in excess of existing background radiation. Thus, the standards for residual risk in the draft bill are unnecessary and inappropriate for application to the cleanup of Atomic Energy Act material at sites regulated by the NRC or Agreement States.
We havn enclosed draft legislative language that would resolve issues raised by the bill that are of part;wlar concern to the Commission. We have used the draft bill developed by the ,
Majority members of the Committee to illustrate l'ow the language could appropriately be inserted, but it could be included in any CERCLA reauthorization bill under consideration.
The exact placement of the enclosed language would, of course, differ depending on the format of the bill under consideration. NRC Staff comments addressed to particular language in the Majority draft bill that may create problems of legislative interpretation are also enclosed.
i
- 3 In addition, we believe that it is important to make clear that the exceptions to the notification and liability provisions of CERCLA sections 102 and 107 that apply to Federally permitted releases of Atomic Energy Act material by a licensee also apply to a release of Atomic Energy Act material after a license has been terminate ; T erefore, we have also enclosed legislative language that would amend the definition of 'N ,erally permitted release" in section 101(10)(K) of CERCLA. Adoption of this language would ensure that releases presenting the same risk receive the same treatment under the notification and liability requirements of the Act.
We would, of course, be pleased to work with the Environment and Public Works Committee to refine the appropriate placement of the draft legislative language that is enclosed, and to ensure that any necessary conforming changes are made to other provisions of the legislation.
Sincerely, l Shirley Ann Jackson
Enclosures:
As stated cc: Senator Max Baucus 1
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- 3 DRAFT LEGISLATION TO AMf ND CERCLA 9121 l
Section 121 of the Comprehensive Environmental Response Compensation and l
Liability Act of 1980 (42 U.S.C. 9621)is further amended by adding the following new paragraph at the end of subsection (a):'
"(4) SOURCE, BYPRODUCT, AND SPECIAL NUCLEAR MATERIAL.--A remedial action for source, byproduct, or srecial nuclear material (as defined by the Atomic Energy Act of 1954 (42 U.S.C. S 2011 et seq.)) that falls under the jurisdiction ofthe1 ' ear Regulatory Commission or a State under an Agreement entered into pursuant to section 274 of the Atomic Energy Act of 1954 shall be considered to be protective of human health and the environment if it compies with the regulations of the Commission or State (whichever is applicable), ur,less the Chairman of the Nuclear Regulatory Commission or the Governor of the State advises the President that the Commission or State has determined that application of the requirements of this section would be in the best interest of protecting human health, safety, and the environment. A remedial action that coniplies with the regulations of the Commission shall satisfy the requirements for remediation and control for such material contained in this Act."
- Note that this placement of the proposed amendment of section 121 is based on the July 1997 versio ) of the draft bill developed by the Majority members of the Senate Environment and Public Works Committee. The exact placement of the amendment in the legislation will i depend on the version of the bill under consideration. Conforming changes rnay also be needed in other provisions of the bill.
1 l
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2 LRAFT LEGISLATION TO AMEND CERCLA $ 101(10)(K)
Section 101(10) of the Comprehensive Environmental Response. Compensation and Liability Act (42 U.S.C. $9601(10)) is amended by inserting the following before the period at the end of paragraph (K):
- or any release of such materialin accordance with regulations of the Nuclear Regulatory Commission following termination of a license issued by the Nuclear Regulatory Commission pursuant to the /stomic Energy Act of 1954 (42 U.S.C. 5 2011
~
et se ..) or by a State acting under an Agreenient entered into pursuant in section 274 of the Atomic Energy Act of 1954."
Note that the section of the bill that contains this amendmont should also contain a separate provision that provides the following:
J "The amendment of section 101(10)W) contained in this section shall be effective only with respect to licenses terminated on or' fler the effective date of this Act."
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1 NRC 6TAFF COMMENTS ON SENATE SUPERFUND BILL Paoe 6. fine 15: page 7. line 6: Both citations refer to remedial action requirements imposed {
by State law brought to the attention of the PRESIDENT / ADMINISTRATOR *in a timely manner", but there is no indication of what the quoted phrase means. Without some limitation as to time, there may be no finality in Federal determinations regarding comp!iance, particularly with respect to requirements of a law
- promulgated by the State after the date of enactment of the "Superfund Cleanup Acceleration Act of.,1997."
I Paoe 11. lines 613: If there is no Federal or State standard for a " specific hazardous substance *, there is a reference back to the standard that is determined to be protective of I human health and the environment
- as stated in subsection (a)(1)(B)*. It is not clear j whether the term
- specific hazardous substance" is used in a generic sense (e.g.,
- radioactive material") or a more particular sense (e.g., thorium).
. .c Paoe 15. lines 1314: The open gap here makes it impossible to know what might be encompassed in the term
- Federal and State land use designations" (on lines 1-2).
Paoe18. lines 1415: The phrase
- suitable for beneficial use" is not given any definiticn In some parts of the provisions specific to Groundwater, the terminology used is " beneficial use as drinking water" (see page 20, lines 18-19), but other beneficial uses are not identified. Is the intent to limit the provisions on Groundwater to drinking water?
1 r . . . .
2 Pace 25. lines 17 21: The meaning of this clause is unclear. Are two attemative criteria intended to be included here: (1) contamination resulting fron iman activity unrelated to a specific facility or release, or (2) restoration of drinking water quali' with respect to the ground water is technically impracticable, or are the two criteria additive?
Pace 35. lines 4-9; Why is the risk assessment limited to institutional controls in place at the time at which the risk swessment is conducted? Is the intent here to force the !
l President / Administrator to ignore institutional controls that are the subject of a firm !
1 ommitment for implementation after cleanup?
Pace 54. li D1 21 - Pace 59. line 15: There is no indication of what is the consequence if there is no express approval or disapproval of the proposed remedial action plan. There is a 1 l
reference on Page 57, lines 5-6, to a remedial action plan that is " considered to be approved I i
l under paragraph (5)', but there is no clear statement in paragraph (5) that under certain conditions the plan would be considered approved.
I