[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[S. 1936 Referred in House (RFH)]
104th CONGRESS
2d Session
S. 1936
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 4, 1996
Referred to the Committee on Commerce, and in addition to the
Committees on Resources and Transportation and Infrastructure, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
AN ACT
To amend the Nuclear Waste Policy Act of 1982.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the Nuclear Waste Policy Act of 1982 is amended to read as
follows:
``SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `Nuclear Waste
Policy Act of 1996'.
``(b) Table of Contents.--
``Sec. 1. Short title and table of contents.
``Sec. 2. Definitions.
``TITLE I--OBLIGATIONS
``Sec. 101. Obligations of the Secretary of Energy.
``TITLE II--INTEGRATED MANAGEMENT SYSTEM
``Sec. 201. Intermodal transfer.
``Sec. 202. Transportation planning.
``Sec. 203. Transportation requirements.
``Sec. 204. Interim storage.
``Sec. 205. Permanent repository.
``Sec. 206. Land withdrawal.
``TITLE III--LOCAL RELATIONS
``Sec. 301. Financial assistance.
``Sec. 302. On-site representative.
``Sec. 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 Management.
``Sec. 403. Federal contribution.
``TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS
``Sec. 501. Compliance with other laws.
``Sec. 502. Judicial review 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 authorization.
``Sec. 507. Emplacement schedule.
``Sec. 508. Transfer of title.
``Sec. 509. Decommissioning pilot program.
``Sec. 510. Water rights.
``TITLE VI--NUCLEAR WASTE TECHNICAL REVIEW BOARD
``Sec. 601. Definitions.
``Sec. 602. Nuclear Waste Technical Review Board.
``Sec. 603. Functions.
``Sec. 604. Investigatory powers.
``Sec. 605. Compensation of members.
``Sec. 606. Staff.
``Sec. 607. Support services.
``Sec. 608. Report.
``Sec. 609. Authorization of appropriations.
``Sec. 610. Termination of the board.
``TITLE VII--MANAGEMENT REFORM
``Sec. 701. Management reform initiatives.
``Sec. 702. Reporting.
``Sec. 703. Effective date.
``SEC. 2. DEFINITIONS.
``For purposes of this Act:
``(1) Accept, acceptance.--The terms `accept' and
`acceptance' mean the Secretary's act of taking possession of
spent nuclear fuel or high-level radioactive waste.
``(2) Affected indian tribe.--The term `affected Indian
tribe' means any Indian tribe--
``(A) whose reservation is surrounded by or borders
an affected unit of local government, or
``(B) whose federally defined possessory or usage
rights to other lands outside of the reservation's
boundaries arising out of congressionally ratified
treaties may be substantially and adversely affected by
the locating of an interim storage facility or a
repository if the Secretary of the Interior finds, upon
the petition of the appropriate governmental officials
of the tribe, that such effects are both substantial
and adverse to the tribe.
``(3) Affected unit of local government.--The term
`affected unit of local government' means the unit of local
government with jurisdiction over the site of a repository or
interim storage facility. Such term may, at the discretion of
the Secretary, include other units of local government that are
contiguous with such unit.
``(4) Atomic energy defense activity.--The term `atomic
energy defense activity' means any activity of the Secretary
performed in whole or in part in carrying out any of the
following functions:
``(A) Naval reactors development.
``(B) Weapons activities including defense inertial
confinement fusion.
``(C) Verification and control technology.
``(D) Defense nuclear materials production.
``(E) Defense nuclear waste and materials
byproducts management.
``(F) Defense nuclear materials security and
safeguards and security investigations.
``(G) Defense research and development.
``(5) Civilian nuclear power reactor.--The term `civilian
nuclear power reactor' means a civilian nuclear power plant
required to be licensed under section 103 or 104 b. of the
Atomic Energy Act of 1954 (42 U.S.C. 2133, 2134(b)).
``(6) Commission.--The term `Commission' means the Nuclear
Regulatory Commission.
``(7) Contracts.--The term `contracts' means the contracts,
executed prior to the date of enactment of the Nuclear Waste
Policy Act of 1996, under section 302(a) of the Nuclear Waste
Policy Act of 1982, by the Secretary and any person who
generates or holds title to spent nuclear fuel or high-level
radioactive waste of domestic origin for acceptance of such
waste or fuel by the Secretary and the payment of fees to
offset the Secretary's expenditures, and any subsequent
contracts executed by the Secretary pursuant to section 401(a)
of this Act.
``(8) Contract holders.--The term `contract holders' means
parties (other than the Secretary) to contracts.
``(9) Department.--The term `Department' means the
Department of Energy.
``(10) Disposal.--The term `disposal' means the emplacement
in a repository of spent nuclear fuel, high-level radioactive
waste, or other highly radioactive material with no foreseeable
intent of recovery, whether or not such emplacement permits
recovery of such material for any future purpose.
``(11) Disposal system.--The term `disposal system' means
all natural barriers and engineered barriers, and engineered
systems and components, that prevent the release of
radionuclides from the repository.
``(12) Emplacement schedule.--The term `emplacement
schedule' means the schedule established by the Secretary in
accordance with section 507(a) for emplacement of spent nuclear
fuel and high-level radioactive waste at the interim storage
facility.
``(13) Engineered barriers and engineered systems and
components.--The terms `engineered barriers' and `engineered
systems and components', mean man-made components of a disposal
system. These terms include the spent nuclear fuel or high-
level radioactive waste form, spent nuclear fuel package or
high-level radioactive waste package, and other materials
placed over and around such packages.
``(14) High-level radioactive waste.--The term `high-level
radioactive waste' means--
``(A) the highly radioactive material resulting
from the reprocessing of spent nuclear fuel, including
liquid waste produced directly in reprocessing and any
solid material derived from such liquid waste that
contains fission products in sufficient concentrations;
and
``(B) other highly radioactive material that the
Commission, consistent with existing law, determines by
rule requires permanent isolation, which includes any
low-level radioactive waste with concentrations of
radionuclides that exceed the limits established by the
Commission for class C radioactive waste, as defined by
section 61.55 of title 10, Code of Federal Regulations,
as in effect on January 26, 1983.
``(15) Federal agency.--The term `Federal agency' means any
Executive agency, as defined in section 105 of title 5, United
States Code.
``(16) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or
community of Indians recognized as eligible for the services
provided to Indians by the Secretary of the Interior because of
their status as Indians including any Alaska Native village, as
defined in section 3(c) of the Alaska Native Claims Settlement
Act (43 U.S.C. 1602(c)).
``(17) Integrated management system.--The term `integrated
management system' means the system developed by the Secretary
for the acceptance, transportation, storage, and disposal of
spent nuclear fuel and high-level radioactive waste under title
II of this Act.
``(18) Interim storage facility.--The term `interim storage
facility' means a facility designed and constructed for the
receipt, handling, possession, safeguarding, and storage of
spent nuclear fuel and high-level radioactive waste in
accordance with title II of this Act.
``(19) Interim storage facility site.--The term `interim
storage facility site' means the specific site within area 25
of the Nevada test site that is designated by the Secretary and
withdrawn and reserved in accordance with this Act for the
location of the interim storage facility.
``(20) Low-level radioactive waste.--The term `low-level
radioactive waste' means radioactive material that--
``(A) is not spent nuclear fuel, high-level
radioactive waste, transuranic waste, or byproduct
material as defined in section 11 e.(2) of the Atomic
Energy Act of 1954 (42 U.S.C. 2014(e)(2)); and
``(B) the Commission, consistent with existing law,
classifies as low-level radioactive waste.
``(21) Metric tons uranium.--The terms `metric tons
uranium' and `MTU' mean the amount of uranium in the original
unirradiated fuel element whether or not the spent nuclear fuel
has been reprocessed.
``(22) Nuclear waste fund.--The terms `Nuclear Waste Fund'
and `waste fund' mean the nuclear waste fund established in the
United States Treasury prior to the date of enactment of this
Act under section 302(c) of the Nuclear Waste Policy Act of
1982.
``(23) Office.--The term `Office' means the Office of
Civilian Radioactive Waste Management established within the
Department prior to the date of enactment of this Act under the
provisions of the Nuclear Waste Policy Act of 1982.
``(24) Program approach.--The term `program approach' means
the Civilian Radioactive Waste Management Program Plan, dated
May 6, 1996, as modified by this Act, and as amended from time
to time by the Secretary in accordance with this Act.
``(25) Repository.--The term `repository' means a system
designed and constructed under title II of this Act for the
geologic disposal of spent nuclear fuel and high-level
radioactive waste, including both surface and subsurface areas
at which spent nuclear fuel and high-level radioactive waste
receipt, handling, possession, safeguarding, and storage are
conducted.
``(26) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(27) Site characterization.--The term `site
characterization' means activities, whether in a laboratory or
in the field, undertaken to establish the geologic condition
and the ranges of the parameters of a candidate site relevant
to the location of a repository, including borings, surface
excavations, excavations of exploratory facilities, limited
subsurface lateral excavations and borings, and in situ testing
needed to evaluate the licensability of a candidate site for
the location of a repository, but not including preliminary
borings and geophysical testing needed to assess whether site
characterization should be undertaken.
``(28) Spent nuclear fuel.--The term `spent nuclear fuel'
means fuel that has been withdrawn from a nuclear reactor
following irradiation, the constituent elements of which have
not been separated by reprocessing.
``(29) Storage.--The term `storage' means retention of
spent nuclear fuel or high-level radioactive waste with the
intent to recover such waste or fuel for subsequent use,
processing, or disposal.
``(30) Withdrawal.--The term `withdrawal' has the same
definition as that set forth in section 103(j) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702(j)).
``(31) Yucca mountain site.--The term `Yucca Mountain site'
means the area in the State of Nevada that is withdrawn and
reserved in accordance with this Act for the location of a
respository.
``TITLE I--OBLIGATIONS
``SEC. 101. OBLIGATIONS OF THE SECRETARY OF ENERGY.
``(a) Disposal.--The Secretary shall develop and operate an
integrated management system for the storage and permanent disposal of
spent nuclear fuel and high-level radioactive waste.
``(b) Interim Storage.--The Secretary shall store spent nuclear
fuel and high-level radioactive waste from facilities designated by
contract holders at an interim storage facility pursuant to section 204
in accordance with the emplacement schedule, beginning not later than
November 30, 1999.
``(c) Transportation.--The Secretary shall provide for the
transportation of spent nuclear fuel and high-level radioactive waste
accepted by the Secretary. The Secretary shall procure all systems and
components necessary to transport spent nuclear fuel and high-level
radioactive waste from facilities designated by contract holders to and
among facilities comprising the Integrated Management System.
Consistent with the Buy American Act (41 U.S.C. 10a-10c), unless the
Secretary shall determine it to be inconsistent with the public
interest, or the cost to be unreasonable, all such systems and
components procured by the Secretary shall be manufactured in the
United States, with the exception of any transportable storage systems
purchased by contract holders prior to the effective date of the
Nuclear Waste Policy Act of 1996 and procured by the Secretary from
such contract holders for use in the integrated management system.
``(d) Integrated Management System.--The Secretary shall
expeditiously pursue the development of each component of the
integrated management system, and in so doing shall seek to utilize
effective private sector management and contracting practices.
``(e) Private Sector Participation.--In administering the
Integrated Management System, the Secretary shall, to the maximum
extent possible, utilize, employ, procure and contract with, the
private sector to fulfill the Secretary's obligations and requirements
under this Act.
``(f) Pre-Existing Rights.--Nothing in this Act is intended to or
shall be construed to modify--
``(1) any right of a contract holder under section 302(a)
of the Nuclear Waste Policy Act of 1982, or under a contract
executed prior to the date of enactment of this Act under that
section; or
``(2) obligations imposed upon the Federal Government by
the United States District Court of Idaho in an order entered
on October 17, 1995 in United States v. Batt (No. 91-0054-S-
EJL).
``(g) Liability.--Subject to subsection (f), nothing in this Act
shall be construed to subject the United States to financial liability
for the Secretary's failure to meet any deadline for the acceptance or
emplacement of spent nuclear fuel or high-level radioactive waste for
storage or disposal under this Act.
``TITLE II--INTEGRATED MANAGEMENT SYSTEM
``SEC. 201. INTERMODAL TRANSFER.
``(a) Access.--The Secretary shall utilize heavy-haul truck
transport to move spent nuclear fuel and high-level radioactive waste
from the mainline rail line at Caliente, Nevada, to the interim storage
facility site.
``(b) Capability Date.--The Secretary shall develop the capability
to commence rail to truck intermodal transfer at Caliente, Nevada, no
later than November 30, 1999. Intermodal transfer and related
activities are incidental to the interstate transportation of spent
nuclear fuel and high-level radioactive waste.
``(c) Acquisitions.--The Secretary shall acquire lands and rights-
of-way necessary to commence intermodal transfer at Caliente, Nevada.
``(d) Replacements.--The Secretary shall acquire and develop on
behalf of, and dedicate to, the City of Caliente, Nevada, parcels of
land and right-of-way within Lincoln County, Nevada, as required to
facilitate replacement of land and city wastewater disposal facilities
necessary to commence intermodal transfer pursuant to this Act.
Replacement of land and city wastewater disposal activities shall occur
no later than November 30, 1999.
``(e) Notice and Map.--Within 6 months of the date of enactment of
the Nuclear Waste Policy Act of 1996, the Secretary shall--
``(1) publish in the Federal Register a notice containing a
legal description of the sites and rights-of-way to be acquired
under this subsection; and
``(2) file copies of a map of such sites and rights-of-way
with the Congress, the Secretary of the Interior, the State of
Nevada, the Archivist of the United States, the Board of
Lincoln County Commissioners, the Board of Nye County
Commissioners, and the Caliente City Council.
Such map and legal description shall have the same force and effect as
if they were included in this Act. The Secretary may correct clerical
and typographical errors and legal descriptions and make minor
adjustments in the boundaries.
``(f) Improvements.--The Secretary shall make improvements to
existing roadways selected for heavy-haul truck transport between
Caliente, Nevada, and the interim storage facility site as necessary to
facilitate year-round safe transport of spent nuclear fuel and high-
level radioactive waste.
``(g) Local Government Involvement.--The Commission shall enter
into a Memorandum of Understanding with the City of Caliente and
Lincoln County, Nevada, to provide advice to the Commission regarding
intermodal transfer and to facilitate on-site representation.
Reasonable expenses of such representation shall be paid by the
Secretary.
``(h) Benefits Agreement.--
``(1) In general.--The Secretary shall offer to enter into
an agreement with the City of Caliente and Lincoln County,
Nevada concerning the integrated management system.
``(2) Agreement content.--Any agreement shall contain such
terms and conditions, including such financial and
institutional arrangements, as the Secretary and agreement
entity determine to be reasonable and appropriate and shall
contain such provisions as are necessary to preserve any right
to participation or compensation of the City of Caliente and
Lincoln County, Nevada.
``(3) Amendment.--An agreement entered into under this
subsection may be amended only with the mutual consent of the
parties to the amendment and terminated only in accordance with
paragraph (4).
``(4) Termination.--The Secretary shall terminate the
agreement under this subsection if any major element of the
integrated management system may not be completed.
``(5) Limitation.--Only one agreement may be in effect at
any one time.
``(6) Judicial review.--Decisions of the Secretary under
this section are not subject to judicial review.
``(i) Content of Agreement.--
``(1) Schedule.--In addition to the benefits to which the
City of Caliente and Lincoln County is entitled to under this
title, the Secretary shall make payments under the benefits
agreement in accordance with the following schedule:
``Benefits Schedule
``(Amounts in millions)
``Event Payment
``(A) Annual payments prior to first receipt of spent $2.5
fuel.
``(B) Annual payments beginning upon first spent fuel 5
receipt.
``(C) Payment upon closure of the intermodal transfer 5
facility.
``(2) Definitions.--For purposes of this section, the
term--
``(A) `spent fuel' means high-level radioactive
waste or spent nuclear fuel; and
``(B) `first spent fuel receipt' does not include
receipt of spent fuel or high-level radioactive waste
for purposes of testing or operational demonstration.
``(3) Annual payments.--Annual payments prior to first
spent fuel receipt under paragraph (1)(A) shall be made on the
date of execution of the benefits agreement and thereafter on
the anniversary date of such execution. Annual payments after
the first spent fuel receipt until closure of the facility
under paragraph (1)(C) shall be made on the anniversary date of
such first spent fuel receipt.
``(4) Reduction.--If the first spent fuel payment under
paragraph (1)(B) is made within 6 months after the last annual
payment prior to the receipt of spent fuel under paragraph
(1)(A), such first spent fuel payment under paragraph (1)(B)
shall be reduced by an amount equal to \1/12\ of such annual
payment under paragraph (1)(A) for each full month less than
six that has not elapsed since the last annual payment under
paragraph (1)(A).
``(5) Restrictions.--The Secretary may not restrict the
purposes for which the payments under this section may be used.
``(6) Dispute.--In the event of a dispute concerning such
agreement, the Secretary shall resolve such dispute, consistent
with this Act and applicable State law.
``(7) Construction.--The signature of the Secretary on a
valid benefits agreement under this section shall constitute a
commitment by the United States to make payments in accordance
with such agreement under section 401(c)(2).
``(j) Initial Land Conveyances.--
``(1) Conveyances of public lands.--One hundred and twenty
days after enactment of this Act, all right, title and interest
of the United States in the property described in paragraph
(2), and improvements thereon, together with all necessary
easements for utilities and ingress and egress to such
property, including, but not limited to, the right to improve
those easements, are conveyed by operation of law to the County
of Lincoln, Nevada, unless the county notifies the Secretary of
the Interior or the head of such other appropriate agency in
writing within 60 days of such date of enactment that it elects
not to take title to all or any part of the property, except
that any lands conveyed to the County of Lincoln under this
subsection that are subject to a Federal grazing permit or
lease or a similar federally granted permit or lease shall be
conveyed between 60 and 120 days of the earliest time the
Federal agency administering or granting the permit or lease
would be able to legally terminate such right under the
statutes and regulations existing at the date of enactment of
this Act, unless Lincoln County and the affected holder of the
permit or lease negotiate an agreement that allows for an
earlier conveyance.
``(2) Special conveyances.--Notwithstanding any other law,
the following public lands depicted on the maps and legal
descriptions dated October 11, 1995, shall be conveyed under
paragraph (1) to the County of Lincoln, Nevada:
Map 10; Lincoln County, parcel M, industrial park
site.
Map 11; Lincoln County, parcel F, mixed use
industrial site.
Map 13; Lincoln County, parcel J, mixed use, Alamo
Community Expansion Area.
Map 14; Lincoln County, parcel E, mixed use, Pioche
Community Expansion Area.
Map 15; Lincoln County, parcel B, landfill
expansion site.
``(3) Construction.--The maps and legal descriptions
special conveyances referred to in paragraph (2) shall have the
same force and effect as if they were included in this Act. The
Secretary may correct clerical and typographical errors in the
maps and legal descriptions and make minor adjustments in the
boundaries of the sites.
``(4) Evidence of title transfer.--Upon the request of the
County of Lincoln, Nevada, the Secretary of the Interior shall
provide evidence of title transfer.
``SEC. 202. TRANSPORTATION PLANNING.
``(a) Transportation Readiness.--The Secretary shall take those
actions that are necessary and appropriate to ensure that the Secretary
is able to transport safely spent nuclear fuel and high-level
radioactive waste from sites designated by the contract holders to
mainline transportation facilities, using routes that minimize, to the
maximum practicable extent consistent with Federal requirements
governing transportation of hazardous materials, transportation of
spent nuclear fuel and high-level radioactive waste through populated
areas, beginning not later than November 30, 1999, and, by that date,
shall, in consultation with the Secretary of Transportation, develop
and implement a comprehensive management plan that ensures that safe
transportation of spent nuclear fuel and high-level radioactive waste
from the sites designated by the contract holders to the interim
storage facility site beginning not later than November 30, 1999.
``(b) Transportation Planning.--In conjunction with the development
of the logistical plan in accordance with subsection (a), the Secretary
shall update and modify, as necessary, the Secretary's transportation
institutional plans to ensure that institutional issues are addressed
and resolved on a schedule to support the commencement of
transportation of spent nuclear fuel and high-level radioactive waste
to the interim storage facility no later than November 30, 1999. Among
other things, such planning shall provide a schedule and process for
addressing and implementing as necessary, transportation routing plans,
transportation contracting plans, transportation training in accordance
with section 203, and public education regarding transportation of
spent nuclear fuel and high-level radioactive waste, and transportation
tracking programs.
``SEC. 203. TRANSPORTATION REQUIREMENTS.
``(a) Package Certification.--No spent nuclear fuel or high-level
radioactive waste may be transported by or for the Secretary under this
Act except in packages that have been certified for such purposes by
the Commission.
``(b) State Notification.--The Secretary shall abide by regulations
of the Commission regarding advance notification of State and local
governments prior to transportation of spent nuclear fuel or high-level
radioactive waste under this Act.
``(c) Technical Assistance.--The Secretary shall provide technical
assistance and funds to States, units of local government, and Indian
tribes through whose jurisdiction the Secretary plans to transport
substantial amounts of spent nuclear fuel or high-level radioactive
waste for training for public safety officials of appropriate units of
local government. The Secretary shall also provide technical assistance
and funds for training directly to national nonprofit employee
organizations which demonstrate experience in implementing and
operating worker health and safety training and education programs and
demonstrate the ability to reach and involve in training programs
target populations of workers who are or will be directly engaged in
the transportation of spent nuclear fuel and high-level radioactive
waste, or emergency response or post-emergency response with respect to
such transportation. Training shall cover procedures required for safe
routine transportation of these materials, as well as procedures for
dealing with emergency response situations, and shall be consistent
with any training standards established by the Secretary of
Transportation in accordance with subsection (g). The Secretary's duty
to provide technical and financial assistance under this subsection
shall be limited to amounts specified in annual appropriations.
``(d) Public Education.--The Secretary shall conduct a program to
educate the public regarding the transportation of spent nuclear fuel
and high-level radioactive waste, with an emphasis upon those States,
units of local government, and Indian tribes through whose jurisdiction
the Secretary plans to transport substantial amounts of spent nuclear
fuel or high-level radioactive waste.
``(e) Compliance With Transportation Regulations.--Any person that
transports spent nuclear fuel or high-level radioactive waste under the
Nuclear Waste Policy Act of 1986, pursuant to a contract with the
Secretary, shall comply with all requirements governing such
transportation issued by the Federal, State and local governments, and
Indian tribes, in the same way and to the same extent that any person
engaging in that transportation that is in or affects interstate
commerce must comply with such requirements, as required by section
5126 of title 49, United States Code.
``(f) Employee Protection.--Any person engaged in the interstate
commerce of spent nuclear fuel or high-level radioactive waste under
contract to the Secretary pursuant to this Act shall be subject to and
comply fully with the employee protection provisions of 49 United
States Code 20109 and 49 United States Code 31105.
``(g) Training Standard.--(1) No later than 12 months after the
date of enactment of the Nuclear Waste Policy Act of 1996, the
Secretary of Transportation, pursuant to authority under other
provisions of law, in consultation with the Secretary of Labor and the
Commission, shall promulgate a regulation establishing training
standards applicable to workers directly involved in the removal and
transportation of spent nuclear fuel and high-level radioactive waste.
The regulation shall specify minimum training standards applicable to
workers, including managerial personnel. The regulation shall require
that the employer possess evidence of satisfaction of the applicable
training standard before any individual may be employed in the removal
and transportation of spent nuclear fuel and high-level radioactive
waste.
``(2) If the Secretary of Transportation determines, in
promulgating the regulation required by paragraph (1), that regulations
promulgated by the Commission establish adequate training standards for
workers, then the Secretary of Transportation can refrain from
promulgating additional regulations with respect to worker training in
such activities. The Secretary of Transportation and the Commission
shall work through their Memorandum of Understanding to ensure
coordination of worker training standards and to avoid duplicative
regulation.
``(3) The training standards required to be promulgated under
paragraph (1) shall, among other things deemed necessary and
appropriate by the Secretary of Transportation, include the following
provisions--
``(A) a specified minimum number of hours of initial off
site instruction and actual field experience under the direct
supervision of a trained, experienced supervisor;
``(B) a requirement that onsite managerial personnel
receive the same training as workers, and a minimum number of
additional hours of specialized training pertinent to their
managerial responsibilities; and
``(C) a training program applicable to persons responsible
for responding to and cleaning up emergency situations
occurring during the removal and transportation of spent
nuclear fuel and high-level radioactive waste.
``(4) There is authorized to be appropriated to the Secretary of
Transportation, from general revenues, such sums as may be necessary to
perform his duties under this subsection.
``SEC. 204. INTERIM STORAGE.
``(a) Authorization.--The Secretary shall design, construct, and
operate a facility for the interim storage of spent nuclear fuel and
high-level radioactive waste at the interim storage facility site. The
interim storage facility shall be subject to licensing pursuant to the
Atomic Energy Act of 1954 in accordance with the Commission's
regulations governing the licensing of independent spent fuel storage
installations, which regulations shall be amended by the Commission as
necessary to implement the provisions of this Act. The interim storage
facility shall commence operation in phases in accordance with
subsection (b).
``(b) Schedule.--(1) The Secretary shall proceed forthwith and
without further delay with all activities necessary to begin storing
spent nuclear fuel and high-level radioactive waste at the interim
storage facility at the interim storage facility site by November 30,
1999, except that:
``(A) The Secretary shall not begin any construction
activities at the interim storage facility site before December
31, 1998.
``(B) The Secretary shall cease all activities (except
necessary termination activities) at the Yucca Mountain site if
the President determines, in his discretion, on or before
December 31, 1998, based on a preponderance of the information
available at such time, that the Yucca Mountain site is
unsuitable for development as a repository, including geologic
and engineered barriers, because of a substantial likelihood
that a repository of useful size, cannot be designed, licensed,
and constructed at the Yucca Mountain site.
``(C) No later than June 30, 1998, the Secretary shall
provide to the President and to the Congress a viability
assessment of the Yucca Mountain site. The viability assessment
shall include--
``(i) the preliminary design concept for the
critical elements of the repository and waste package,
``(ii) a total system performance assessment, based
upon the design concept and the scientific data and
analysis available by June 30, 1998, describing the
probable behavior of the respository in the Yucca
Mountain geologic setting relative to the overall
system performance standard set forth in section 205(d)
of this Act,
``(iii) a plan and cost estimate for the remaining
work required to complete a license application, and
``(iv) an estimate of the costs to construct and
operate the repository in accordance with the design
concept.
``(D) Within 18 months of a determination by the President
that the Yucca Mountain site is unsuitable for development as a
repository under subparagraph (B), the President shall
designate a site for the construction of an interim storage
facility. If the President does not designate a site for the
construction of an interim storage facility, or the
construction of an interim storage facility at the designated
site is not approved by law within 24 months of the President's
determination that the Yucca Mountain site is not suitable for
development as a repository, the Secretary shall begin
construction of an interim storage facility at the interim
storage facility site as defined in section 2(19) of this Act.
The interim storage facility site as defined in section 2(19)
of this Act shall be deemed to be approved by law for purposes
of this section.
``(2) Upon the designation of an interim storage facility site by
the President under paragraph (1)(D), the Secretary shall proceed
forthwith and without further delay with all activities necessary to
begin storing spent nuclear fuel and high-level radioactive waste at an
interim storage facility at the designated site, except that the
Secretary shall not begin any construction activities at the designated
interim storage facility site before the designated interim storage
facility site is approved by law.
``(c) Design.--
``(1) The interim storage facility shall be designed in two
phases in order to commence operations no later than November
30, 1999. The design of the interim storage facility shall
provide for the use of storage technologies, licensed,
approved, or certified by the Commission for use at the interim
storage facility as necessary to ensure compatibility between
the interim storage facility and contract holders' spent
nuclear fuel and facilities, and to facilitate the Secretary's
ability to meet the Secretary's obligations under this Act.
``(2) The Secretary shall consent to an amendment to the
contracts to provide for reimbursement to contract holders for
transportable storage systems purchased by contract holders if
the Secretary determines that it is cost effective to use such
transportable storage systems as part of the integrated
management system, provided that the Secretary shall not be
required to expend any funds to modify contract holders'
storage or transport systems or to seek additional regulatory
approvals in order to use such systems.
``(d) Licensing.--
``(1) Phases.--The interim storage facility shall be
licensed by the Commission in two phases in order to commerce
operations no later than November 30, 1999.
``(2) First phase.--No later than 12 months after the date
of enactment of the Nuclear Waste Policy Act of 1996, the
Secretary shall submit to the Commission an application for a
license for the first phase of the interim storage facility.
The Environmental Report and Safety Analysis Report submitted
in support of such license application shall be consistent with
the scope of authority requested in the license application.
The license issued for the first phase of the interim storage
facility shall have a term of 20 years. The interim storage
facility licensed in the first phase shall have a capacity of
not more than 15,000 MTU. The Commission shall issue a final
decision granting or denying the application for the first
phase license no later than 16 months from the date of the
submittal of the application for such license.
``(3) Second phase.--No later than 30 months after the date
of enactment of the Nuclear Waste Policy Act of 1996, the
Secretary shall submit to the Commission an application for a
license for the second phase interim storage facility. The
license for the second phase facility shall authorize a storage
capacity of 40,000 MTU. If the Secretary does not submit the
license application for construction of a respository by
February 1, 2002, or does not begin full spent nuclear fuel
receipt operations at a repository by January 17, 2010, the
license shall authorize a storage capacity of 60,000 MTU. The
license application shall be submitted such that the license
can be issued to permit the second phase facility to begin full
spent nuclear fuel receipt operations no later than December
31, 2002. The license for the second phase shall have an
initial term of up to 100 years, and shall be renewable for
additional terms upon application of the Secretary.
``(e) Additional Authority.--
``(1) Construction.--For purposes of complying with this
section, the Secretary may commence site preparation for the
interim storage facility as soon as practicable after the date
of enactment of the Nuclear Waste Policy Act of 1996 and shall
commence construction of each phase of the interim storage
facility subsequent to submittal of the license application for
such phase except that the Commission shall issue an order
suspending such construction at any time if the Commission
determines that such construction poses an unreasonable risk to
public health and safety or the environment. The Commission
shall terminate all or part of such order upon a determination
that the Secretary has taken appropriate action to eliminate
such risk.
``(2) Facility use.--Notwithstanding any otherwise
applicable licensing requirement, the Secretary may utilize any
facility owned by the Federal Government on the date of
enactment of the Nuclear Waste Policy Act of 1996 within the
boundaries of the interim storage facility site, in connection
with an imminent and substantial endangerment to public health
and safety at the interim storage facility prior to
commencement of operations during the second phase.
``(3) Emplacement of fuel and waste.--Subject to subsection
(i), once the Secretary has achieved the annual acceptance rate
for spent nuclear fuel from civilian nuclear power reactors
established pursuant to the contracts executed prior to the
date of enactment of the Nuclear Waste Policy Act of 1996, as
set forth in the Secretary's annual capacity report dated
March, 1995 (DOE/RW-0457), the Secretary shall accept, in an
amount not less than 25 percent of the difference between the
contractual acceptance rate and the annual emplacement rate for
spent nuclear fuel from civilian nuclear power reactors
established under section 507(a), the following radioactive
materials--
``(A) spent nuclear fuel or high-level radioactive
waste of domestic origin from civilian nuclear power
reactors that have permanently ceased operation on or
before the date of enactment of the Nuclear Waste
Policy Act of 1996;
``(B) spent nuclear fuel from foreign research
reactors, as necessary to promote non-proliferation
objectives; and
``(C) spent nuclear fuel, including spent nuclear
fuel from naval reactors, and high-level radioactive
waste from atomic energy defense activities.
``(f) National Environmental Policy Act of 1969.--
``(1) Preliminary decisionmaking activities.--The
Secretary's and President's activities under this section,
including, but not limited to, the selection of a site for the
interim storage facility, assessments, determinations and
designations made under section 204(b), the preparation and
submittal of a license application and supporting
documentation, the construction of a facility under paragraph
(e)(1) of this section, and facility use pursuant to paragraph
(e)(2) of this section shall be considered preliminary
decisionmaking activities for purposes of judicial review. The
Secretary shall not prepare an environmental impact statement
under section 102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(C)) or any environmental review
under subparagraph (E) or (F) of such Act before conducting
these activities.
``(2) Environmental impact statement.--
``(A) Final decision.--A final decision by the
Commission to grant or deny a license application for
the first or second phase of the interim storage
facility shall be accompanied by an Environmental
Impact Statement prepared under section 102(2)(C) of
the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)). In preparing such Environmental
Impact Statement, the Commission--
``(i) shall ensure that the scope of the
Environmental Impact Statement is consistent
with the scope of the licensing action; and
``(ii) shall analyze the impacts of the
transportation of spent nuclear fuel and high-
level radioactive waste to the interim storage
facility in a generic manner.
``(B) Considerations.--Such Environmental Impact
Statement shall not consider--
``(i) the need for the interim storage
facility, including any individual component
thereof;
``(ii) the time of the initial availability
of the interim storage facility;
``(iii) any alternatives to the storage of
spent nuclear fuel and high-level radioactive
waste at the interim storage facility;
``(iv) any alternatives to the site of the
facility as designated by the Secretary in
accordance with subsection (a);
``(v) any alternatives to the design
criteria for such facility or any individual
component thereof, as specified by the
Secretary in the license application; or
``(vi) the environmental impacts of the
storage of spent nuclear fuel and high-level
radioactive waste at the interim storage
facility beyond the initial term of the license
or the term of the renewal period for which a
license renewal application is made.
``(g) Judicial Review.--Judicial review of the Commission's
environmental impact statement under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) shall be consolidated with
judicial review of the Commission's licensing decision. No court shall
have jurisdiction to enjoin the construction or operation of the
interim storage facility prior to its final decision on review of the
Commission's licensing action.
``(h) Waste Confidence.--The Secretary's obligation to construct
and operate the interim storage facility in accordance with this
section and the Secretary's obligation to develop an integrated
management system in accordance with the provisions of this Act, shall
provide sufficient and independent grounds for any further findings by
the Commission of reasonable assurance that spent nuclear fuel and
high-level radioactive waste will be disposed of safely and on a timely
basis for purposes of the Commission's decision to grant or amend any
license to operate any civilian nuclear power reactor under the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.).
``(i) Storage of Other Spent Nuclear Fuel and High-Level
Radioactive Waste.--No later than 18 months following the date of
enactment of the Nuclear Waste Policy Act of 1996, the Commission
shall, by rule, establish criteria for the storage in the interim
storage facility of fuel and waste listed in subparagraph (e)(3) (A)
through (C), to the extent such criteria are not included in
regulations issued by the Commission and existing on the date of
enactment of the Nuclear Waste Policy Act of 1996. Following
establishment of such criteria, the Secretary shall seek authority, as
necessary, to store fuel and waste listed in subparagraph (e)(3) (A)
through (C) at the interim storage facility. None of the activities
carried out pursuant to this subsection shall delay, or otherwise
affect, the development, construction, licensing, or operation of the
interim storage facility.
``(j) Savings Clause.--The Commission shall, by rule, establish
procedures for the licensing of any technology for the dry storage of
spent nuclear fuel by rule and without, to the maximum extent possible,
the need for site-specific approvals by the Commission. Nothing in this
Act shall affect any such procedures, or any licenses or approvals
issued pursuant to such procedures in effect on the date of enactment.
``SEC. 205. PERMANENT REPOSITORY.
``(a) Repository Characterization.--
``(1) Guidelines.--The guidelines promulgated by the
Secretary and published at part 960 of title 10, Code of
Federal Regulations are annulled and revoked and the Secretary
shall make no assumptions or conclusions about the
licensability of the Yucca Mountain site as a repository by
reference to such guidelines.
``(2) Site characterization activities.--The Secretary
shall carry out appropriate site characterization activities at
the Yucca Mountain site in accordance with the Secretary's
program approach to site characterization. The Secretary shall
modify or eliminate those site characterization activities
designed only to demonstrate the suitability of the site under
the guidelines referenced in paragraph (1).
``(3) Schedule date.--Consistent with the schedule set
forth in the program approach, as modified to be consistent
with the Nuclear Waste Policy Act of 1996, no later than
February 1, 2002, the Secretary shall apply to the Commission
for authorization to construct a repository. If, at any time
prior to the filing of such application, the Secretary
determines that the Yucca Mountain site cannot satisfy the
Commission's regulations applicable to the licensing of a
geologic repository, the Secretary shall terminate site
characterization activities at the site, notify Congress and
the State of Nevada of the Secretary's determination and the
reasons therefor, and recommend to Congress not later than 6
months after such determination, further actions, including the
enactment of legislation, that may be needed to manage the
Nation's spent nuclear fuel and high-level radioactive waste.
``(4) Maximizing capacity.--In developing an application
for authorization to construct the repository, the Secretary
shall seek to maximize the capacity of the repository, in the
most cost-effective manner, consistent with the need for
disposal capacity.
``(b) Repository Licensing.--Upon the completion of any licensing
proceeding for the first phase of the interim storage facility, the
Commission shall amend its regulations governing the disposal of spent
nuclear fuel and high-level radioactive waste in geologic repositories
to the extent necessary to comply with this Act. Subject to subsection
(c), such regulations shall provide for the licensing of the repository
according to the following procedures:
``(1) Construction authorization.--The Commission shall
grant the Secretary a construction authorization for the
repository upon determining that there is reasonable assurance
that spent nuclear fuel and high-level radioactive waste can be
disposed of in the repository--
``(A) in conformity with the Secretary's
application, the provisions of this Act, and the
regulations of the Commission;
``(B) without unreasonable risk to the health and
safety of the public; and
``(C) consistent with the common defense and
security.
``(2) License.--Following substantial completion of
construction and the filing of any additional information
needed to complete the license application, the Commission
shall issue a license to dispose of spent nuclear fuel and
high-level radioactive waste in the repository if the
Commission determines that the repository has been constructed
and will operate--
``(A) in conformity with the Secretary's
application, the provisions of this Act, and the
regulations of the Commission;
``(B) without unreasonable risk to the health and
safety of the public; and
``(C) consistent with the common defense and
security.
``(3) Closure.--After emplacing spent nuclear fuel and
high-level radioactive waste in the repository and collecting
sufficient confirmatory data on repository performance to
reasonably confirm the basis for repository closure consistent
with the Commission's regulations applicable to the licensing
of a repository, as modified in accordance with this Act, the
Secretary shall apply to the Commission to amend the license to
permit permanent closure of the repository. The Commission
shall grant such license amendment upon finding that there is
reasonable assurance that the repository can be permanently
closed--
``(A) in conformity with the Secretary's
application to amend the license, the provisions of
this Act, and the regulations of the Commission;
``(B) without unreasonable risk to the health and
safety of the public; and
``(C) consistent with the common defense and
security.
``(4) Post-closure.--The Secretary shall take those actions
necessary and appropriate at the Yucca Mountain site to prevent
any activity at the site subsequent to repository closure that
poses an unreasonable risk of--
``(A) breaching the repository's engineered or
geologic barriers; or
``(B) increasing the exposure of individual members
of the public to radiation beyond the release standard
established in subsection (d)(1).
``(c) Modification of Repository Licensing Procedure.--The
Commission's regulations shall provide for the modification of the
repository licensing procedure, as appropriate, in the event that the
Secretary seeks a license to permit the emplacement in the repository,
on a retrievable basis, of spent nuclear fuel or high-level radioactive
waste as is necessary to provide the Secretary with sufficient
confirmatory data on repository performance to reasonably confirm the
basis for repository closure consistent with applicable regulations.
``(d) Repository Licensing Standards.--The Administrator of the
Environmental Protection Agency shall, pursuant to authority under
other provisions of law, issue generally applicable standards for the
protection of the public from releases of radioactive materials or
radioactivity from the repository. Such standards shall be consistent
with the overall system performance standard established by this
subsection unless the Administrator determines by rule that the overall
system performance standard would constitute an unreasonable risk to
health and safety. The Commission's repository licensing determinations
for the protection of the public shall be based solely on a finding
whether the repository can be operated in conformance with the overall
system performance standard established in paragraph (1), applied in
accordance with the provisions of paragraph (2), and the
Administrator's radiation protection standards. The Commission shall
amend its regulations in accordance with subsection (b) to incorporate
each of the following licensing standards:
``(1) Establishment of overall system performance
standard.--The standard for protection of the public from
release of radioactive material or radioactivity from the
repository shall prohibit releases that would expose an average
member of the general population in the vicinity of the Yucca
Mountain site to an annual dose in excess of 100 millirems
unless the Commission determines by rule that such standard
would constitute an unreasonable risk to health and safety and
establishes by rule another standard which will protect health
and safety. Such standard shall constitute an overall system
performance standard.
``(2) Application of overall system performance standard.--
The Commission shall issue the license if it finds reasonable
assurance that for the first 1,000 years following the
commencement of repository operations, the overall system
performance standard will be met based on a probabilistic
evaluation, as appropriate, of compliance with the overall
system performance standard in paragraph (1).
``(3) Factors.--For purposes of making the finding in
paragraph (2)--
``(A) the Commission shall not consider
catastrophic events where the health consequences of
individual events themselves can be reasonably assumed
to exceed the health consequences due to the impact of
the events on repository performance;
``(B) for the purpose of this section, an average
member of the general population in the vicinity of the
Yucca Mountain site means a person whose physiology,
age, general health, agricultural practices, eating
habits, and social behavior represent the average for
persons living in the vicinity of the site. Extremes in
social behavior, eating habits, or other relevant
practices or characteristics shall not be considered;
and
``(C) the Commission shall assume that, following
repository closure, the inclusion of engineered
barriers and the Secretary's post-closure actions at
the Yucca Mountain site, in accordance with subsection
(b)(4), shall be sufficient to--
``(i) prevent any human activity at the
site that poses an unreasonable risk of
breaching the repository's engineered or
geologic barriers; and
``(ii) prevent any increase in the exposure
of individual members of the public to
radiation beyond the allowable limits specified
in paragraph (1).
``(4) Additional analysis.--The Commission shall analyze
the overall system performance through the use of probabilistic
evaluations that use best estimate assumptions, data, and
methods for the period commencing after the first 1,000 years
of operation of the repository and terminating at 10,000 years
after the commencement of operation of the repository.
``(e) National Environmental Policy Act.--
``(1) Submission of statement.--Construction and operation
of the repository shall be considered a major Federal action
significantly affecting the quality of the human environment
for purposes of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.). The Secretary shall submit an
environmental impact statement on the construction and
operation of the repository to the Commission with the license
application and shall supplement such environmental impact
statement as appropriate.
``(2) Considerations.--For purposes of complying with the
requirements of the National Environmental Policy Act of 1969
and this section, the Secretary shall not consider in the
environmental impact statement the need for the repository, or
alternative sites or designs for the repository.
``(3) Adoption by commission.--The Secretary's
environmental impact statement and any supplements thereto
shall, to the extent practicable, be adopted by the Commission
in connection with the issuance by the Commission of a
construction authorization under subsection (b)(1), a license
under subsection (b)(2), or a license amendment under
subsection (b)(3). To the extent such statement or supplement
is adopted by the Commission, such adoption shall be deemed to
also satisfy the responsibilities of the Commission under the
National Environmental Policy Act of 1969, and no further
consideration shall be required, except that nothing in this
subsection shall affect any independent responsibilities of the
Commission to protect the public health and safety under the
Atomic Energy Act of 1954. In any such statement or supplement
prepared with respect to the repository, the Commission shall
not consider the need for a repository, or alternate sites or
designs for the repository.
``(f) Judicial Review.--No court shall have jurisdiction to enjoin
issuance of the Commission repository licensing regulations prior to
its final decision on review of such regulations.
``SEC. 206. LAND WITHDRAWAL.
``(a) Withdrawal and Reservation.--
``(1) Withdrawal.--Subject to valid existing rights, the
interim storage facility site and the Yucca Mountain site, as
described in subsection (b), are withdrawn from all forms of
entry, appropriation, and disposal under the public land laws,
including the mineral leasing laws, the geothermal leasing
laws, the material sale laws, and the mining laws.
``(2) Jurisdiction.--Jurisdiction of any land within the
interim storage facility site and the Yucca Mountain site
managed by the Secretary of the Interior or any other Federal
officer is transferred to the Secretary.
``(3) Reservation.--The interim storage facility site and
the Yucca Mountain site are reserved for the use of the
Secretary for the construction and operation, respectively, of
the interim storage facility and the repository and activities
associated with the purposes of this title.
``(b) Land Description.--
``(1) Boundaries.--The boundaries depicted on the map
entitled `Interim Storage Facility Site Withdrawal Map', dated
March 13, 1996, and on file with the Secretary, are established
as the boundaries of the Interim Storage Facility site.
``(2) Boundaries.--The boundaries depicted on the map
entitled `Yucca Mountain Site Withdrawal Map', dated July 9,
1996, and on file with the Secretary, are established as the
boundaries of the Yucca Mountain site.
``(3) Notice and maps.--Within 6 months of the date of the
enactment of the Nuclear Waste Policy Act of 1996, the
Secretary shall--
``(A) publish in the Federal Register a notice
containing a legal description of the interim storage
facility site; and
``(B) file copies of the maps described in
paragraph (1), and the legal description of the interim
storage facility site with the Congress, the Secretary
of the Interior, the Governor of Nevada, and the
Archivist of the United States.
``(4) Notice and maps.--Concurrent with the Secretary's
application to the Commission for authority to construct the
repository, the Secretary shall--
``(A) publish in the Federal Register a notice
containing a legal description of the Yucca Mountain
site; and
``(B) file copies of the maps described in
paragraph (2), and the legal description of the Yucca
Mountain site with the Congress, the Secretary of the
Interior, the Governor of Nevada, and the Archivist of
the United States.
``(5) Construction.--The maps and legal descriptions of the
interim storage facility site and the Yucca Mountain site
referred to in this subsection shall have the same force and
effect as if they were included in this Act. The Secretary may
correct clerical and typographical errors in the maps and legal
descriptions and make minor adjustments in the boundaries of
the sites.
``TITLE III--LOCAL RELATIONS
``SEC. 301. FINANCIAL ASSISTANCE.
``(a) Grants.--The Secretary is authorized to make grants to any
affected Indian tribe or affected unit of local government for purposes
of enabling the affected Indian tribe or affected unit of local
government--
``(1) to review activities taken with respect to the Yucca
Mountain site for purposes of determining any potential
economic, social, public health and safety, and environmental
impacts of the integrated management system on the affected
Indian tribe or the affected unit of local government and its
residents;
``(2) to develop a request for impact assistance under
subsection (c);
``(3) to engage in any monitoring, testing, or evaluation
activities with regard to such site;
``(4) to provide information to residents regarding any
activities of the Secretary, or the Commission with respect to
such site; and
``(5) to request information from, and make comments and
recommendations to, the Secretary regarding any activities
taken with respect to such site.
``(b) Salary and Travel Expenses.--Any salary or travel expense
that would ordinarily be incurred by any affected Indian tribe or
affected unit of local government may not be considered eligible for
funding under this section.
``(c) Financial and Technical Assistance.--
``(1) Assistance requests.--The Secretary is authorized to
offer to provide financial and technical assistance to any
affected Indian tribe or affected unit of local government
requesting such assistance. Such assistance shall be designed
to mitigate the impact on the affected Indian tribe or affected
unit of local government of the development of the integrated
management system.
``(2) Report.--Any affected Indian tribe or affected unit
of local government may request assistance under this section
by preparing and submitting to the Secretary a report on the
economic, social, public health and safety, and environmental
impacts that are likely to result from activities of the
integrated management system.
``(d) Other Assistance.--
``(1) Taxable amounts.--In addition to financial assistance
provided under this subsection, the Secretary is authorized to
grant to any affected Indian tribe or affected unit of local
government an amount each fiscal year equal to the amount such
affected Indian tribe or affected unit of local government,
respectively, would receive if authorized to tax integrated
management system activities, as such affected Indian tribe or
affected unit of local government taxes the non-Federal real
property and industrial activities occurring within such
affected unit of local government.
``(2) Termination.--Such grants shall continue until such
time as all such activities, development, and operations are
terminated at such site.
``(3) Assistance to indian tribes and units of local
government.--
``(A) Period.--Any affected Indian tribe or
affected unit of local government may not receive any
grant under paragraph (1) after the expiration of the
1-year period following the date on which the Secretary
notifies the affected Indian tribe or affected unit of
local government of the termination of the operation of
the integrated management system.
``(B) Activities.--Any affected Indian tribe or
affected unit of local government may not receive any
further assistance under this section if the integrated
management system activities at such site are
terminated by the Secretary or if such activities are
permanently enjoined by any court.
``SEC. 302. ON-SITE REPRESENTATIVE.
``The Secretary shall offer to the unit of local government within
whose jurisdiction a site for an interim storage facility or repository
is located under this Act an opportunity to designate a representative
to conduct onsite oversight activities at such site. The Secretary is
authorized to pay the reasonable expenses of such representative.
``SEC. 303. ACCEPTANCE OF BENEFITS.
``(a) Consent.--The acceptance or use of any of the benefits
provided under this title by any affected Indian tribe or affected unit
of local government shall not be deemed to be an expression of consent,
express, or implied, either under the Constitution of the State or any
law thereof, to the siting of an interim storage facility or repository
in the State of Nevada, any provision of such Constitution or laws to
the contrary notwithstanding.
``(b) Arguments.--Neither the United States nor any other entity
may assert any argument based on legal or equitable estoppel, or
acquiescence, or waiver, or consensual involvement, in response to any
decision by the State to oppose the siting in Nevada of an interim
storage facility or repository premised upon or related to the
acceptance or use of benefits under this title.
``(c) Liability.--No liability of any nature shall accrue to be
asserted against any official of any governmental unit of Nevada
premised solely upon the acceptance or use of benefits under this
title.
``SEC. 304. RESTRICTIONS ON USE OF FUNDS.
``None of the funding provided under this title may be used--
``(1) directly or indirectly to influence legislative
action on any matter pending before Congress or a State
legislature or for any lobbying activity as provided in section
1913 of title 18, United States Code;
``(2) for litigation purposes; and
``(3) to support multistate efforts or other coalition-
building activities inconsistent with the purposes of this Act.
``SEC. 305. LAND CONVEYANCES.
``(a) Conveyances of Public Lands.--One hundred and twenty days
after enactment of this Act, all right, title and interest of the
United States in the property described in subsection (b), and
improvements thereon, together with all necessary easements for
utilities and ingress and egress to such property, including, but not
limited to, the right to improve those easements, are conveyed by
operation of law to the County of Nye, Nevada, unless the county
notifies the Secretary of Interior or the head of such other
appropriate agency in writing within 60 days of such date of enactment
that it elects not to take title to all or any part of the property,
except that any lands conveyed to the County of Nye under this
subsection that are subject to a Federal grazing permit or lease or a
similar federally granted permit or lease shall be conveyed between 60
and 120 days of the earliest time the Federal agency administering or
granting the permit or lease would be able to legally terminate such
right under the statutes and regulations existing at the date of
enactment of this Act, unless Nye County and the affected holder of the
permit or lease negotiate an agreement that allows for an earlier
conveyance.
``(b) Special Conveyances.--Notwithstanding any other law, the
following public lands depicted on the maps and legal descriptions
dated October 11, 1995, and on file with the Secretary shall be
conveyed under subsection (a) to the County of Nye, Nevada:
Map 1: Proposed Pahrump industrial park site.
Map 2: Proposed Lathrop Wells (gate 510) industrial park
site.
Map 3: Pahrump landfill sites.
Map 4: Amargosa Valley Regional Landfill site.
Map 5: Amargosa Valley Municipal Landfill site.
Map 6: Beatty Landfill/Transfer Station site.
Map 7: Round Mountain Landfill site.
Map 8: Tonopah Landfill site.
Map 9: Gabbs Landfill site.
``(c) Construction.--The maps and legal descriptions of special
conveyances referred to in subsection (b) shall have the same force and
effect as if they were included in this Act. The Secretary may correct
clerical and typographical errors in the maps and legal descriptions
and make minor adjustments in the boundaries of the sites.
``(d) Evidence of Title Transfer.--Upon the request of the County
of Nye, Nevada, the Secretary of the Interior shall provide evidence of
title transfer.
``TITLE IV--FUNDING AND ORGANIZATION
``SEC. 401. PROGRAM FUNDING.
``(a) Contracts.--
``(1) Authority of secretary.--In the performance of the
Secretary's functions under this Act, the Secretary is
authorized to enter into contracts with any person who
generates or holds title to spent nuclear fuel or high-level
radioactive waste of domestic origin for the acceptance of
title and possession, transportation, interim storage, and
disposal of such waste or spent fuel. Such contracts shall
provide for payment of annual fees to the Secretary in the
amounts set by the Secretary pursuant to paragraphs (2) and
(3). Except as provided in paragraph (3), fees assessed
pursuant to this paragraph shall be paid to the Treasury of the
United States and shall be available for use by the Secretary
pursuant to this section until expended. Subsequent to the date
of enactment of the Nuclear Waste Policy Act of 1996, the
contracts executed under section 302(a) of the Nuclear Waste
Policy Act of 1982 shall continue in effect under this Act:
Provided, That the Secretary shall consent to an amendment to
such contracts as necessary to implement the provisions of this
Act.
``(2) Annual fees.--
``(A) for electricity generated by civilian nuclear
power reactors and sold between January 7, 1983, and
September 30, 2002, the fee under paragraph (1) shall
be equal to 1.0 mill per kilowatt-hour generated and
sold. For electricity generated by civilian nuclear
power reactors and sold on or after October 1, 2002,
the aggregate amount of fees collected during each
fiscal year shall be no greater than the annual level
of appropriations for expenditures on those activities
consistent with subsection (d) for that fiscal year,
minus--
``(i) any unobligated balance collected
pursuant to this section during the previous
fiscal year; and
``(ii) the percentage of such appropriation
required to be funded by the Federal Government
pursuant to section 403.
The Secretary shall determine the level of the annual
fee for each civilian nuclear power reactor based on
the amount of electricity generated and sold, except
that the annual fee collected under this subparagraph
shall not exceed 1.0 mill per kilowatt-hour generated
and sold.
``(B) Expenditures if shortfall.--If, during any
fiscal year on or after October 1, 2002, the aggregate
amount of fees assessed pursuant to subparagraph (A) is
less than the annual level of appropriations for
expenditures on those activities specified in
subsection (d) for that fiscal year, minus--
``(i) any unobligated balance collected
pursuant to this section during the previous
fiscal year; and
``(ii) the percentage of such
appropriations required to be funded by the
Federal Government pursuant to section 403,
the Secretary may make expenditures from the Nuclear
Waste Fund up to the level of the fees assessed.
``(C) Rules.--The Secretary shall, by rule,
establish procedures necessary to implement this
paragraph.
``(3) One-time fee.--For spent nuclear fuel or solidified
high-level radioactive waste derived from spent nuclear fuel,
which fuel was used to generate electricity in a civilian
nuclear power reactor prior to January 7, 1983, the fee shall
be in an amount equivalent to an average charge of 1.0 mill per
kilowatt-hour for electricity generated by such spent nuclear
fuel, or such solidified high-level waste derived therefrom.
Payment of such one-time fee prior to the date of enactment of
the Nuclear Waste Policy Act of 1996 shall satisfy the
obligation imposed under this paragraph. Any one-time fee paid
and collected subsequent to the date of enactment of the
Nuclear Waste Policy Act of 1996 pursuant to the contracts,
including any interest due pursuant to such contracts, shall be
paid to the Nuclear Waste Fund no later than September 30,
2002. The Commission shall suspend the license of any licensee
who fails or refuses to pay the full amount of the fee referred
to in this paragraph on or before September 30, 2002, and the
license shall remain suspended until the full amount of the fee
referred to in this paragraph is paid. The person paying the
fee under this paragraph to the Secretary shall have no further
financial obligation to the Federal Government for the long-
term storage and permanent disposal of spent fuel or high-level
radioactive waste derived from spent nuclear fuel used to
generate electricity in a civilian power reactor prior to
January 7, 1983.
``(4) Adjustments to fee.--The Secretary shall annually
review the amount of the fees established by paragraphs (2) and
(3), together with the existing balance of the Nuclear Waste
Fund on the date of enactment of the Nuclear Waste Policy Act
of 1996, to evaluate whether collection of the fee will provide
sufficient revenues to offset the costs as defined in
subsection (c)(2). In the event the Secretary determines that
the revenues being collected are either insufficient or
excessive to recover the costs incurred by the Federal
Government that are specified in subsection (c)(2), the
Secretary shall propose an adjustment to the fee in subsection
(c)(2) to ensure full cost recovery. The Secretary shall
immediately transmit the proposal for such an adjustment to
both houses of Congress.
``(b) Advance Contracting Requirement.--
``(1) In general.--
``(A) License issuance and renewal.--The Commission
shall not issue or renew a license to any person to use
a utilization or production facility under the
authority of section 103 or 104 of the Atomic Energy
Act of 1954 (42 U.S.C. 2133, 2134) unless--
``(i) such person has entered into a
contract under subsection (a) with the
Secretary; or
``(ii) the Secretary affirms in writing
that such person is actively and in good faith
negotiating with the Secretary for a contract
under this section.
``(B) Precondition.--The Commission, as it deems
necessary or appropriate, may require as a precondition
to the issuance or renewal of a license under section
103 or 104 of the Atomic Energy Act of 1954 (42 U.S.C.
2133, 2134) that the applicant for such license shall
have entered into an agreement with the Secretary for
the disposal of spent nuclear fuel and high-level
radioactive waste that may result from the use of such
license.
``(2) Disposal in repository.--Except as provided in
paragraph (1), no spent nuclear fuel or high-level radioactive
waste generated or owned by any person (other than a department
of the United States referred to in section 101 or 102 of title
5, United States Code) may be disposed of by the Secretary in
the repository unless the generator or owner of such spent fuel
or waste has entered into a contract under subsection (a) with
the Secretary by not later than the date on which such
generator or owner commences generation of, or takes title to,
such spent fuel or waste.
``(3) Assignment.--The rights and duties of contract
holders are assignable.
``(c) Nuclear Waste Fund.--
``(1) In general.--The Nuclear Waste Fund established in
the Treasury of the United States under section 302(c) of the
Nuclear Waste Policy Act of 1982 shall continue in effect under
this Act and shall consist of--
``(A) the existing balance in the Nuclear Waste
Fund on the date of enactment of the Nuclear Waste
Policy Act of 1996; and
``(B) all receipts, proceeds, and recoveries
realized under subsections (a), and (c)(3) subsequent
to the date of enactment of the Nuclear Waste Policy
Act of 1996, which shall be deposited in the Nuclear
Waste Fund immediately upon their realization.
``(2) Use.--The Secretary may make expenditures from the
Nuclear Waste Fund, subject to subsections (d) and (e), only
for purposes of the integrated management system.
``(3) Administration of nuclear waste fund.--
(A) In general.--The Secretary of the Treasury
shall hold the Nuclear Waste Fund and, after
consultation with the Secretary, annually report to the
Congress on the financial condition and operations of
the Nuclear Waste Fund during the preceding fiscal
year.
``(B) Amounts in excess of current needs.--If the
Secretary determines that the Nuclear Waste Fund
contains at any time amounts in excess of current
needs, the Secretary may request the Secretary of the
Treasury to invest such amounts, or any portion of such
amounts as the Secretary determines to be appropriate,
in obligations of the United States--
``(i) having maturities determined by the
Secretary of the Treasury to be appropriate to
the needs of the Nuclear Waste Fund; and
``(ii) bearing interest at rates determined
to be appropriate by the Secretary of the
Treasury, taking into consideration the current
average market yield on outstanding marketable
obligations of the United States with remaining
periods to maturity comparable to the
maturities of such investments, except that the
interest rate on such investments shall not
exceed the average interest rate applicable to
existing borrowings.
``(C) Exemption.--Receipts, proceeds, and
recoveries realized by the Secretary under this
section, and expenditures of amounts from the Nuclear
Waste Fund, shall be exempt from annual apportionment
under the provisions of subchapter II of chapter 15 of
title 31, United States Code.
``(d) Budget.--The Secretary shall submit the budget for
implementation of the Secretary's responsibilities under this Act to
the Office of Management and Budget annually along with the budget of
the Department of Energy submitted at such time in accordance with
chapter 11 of title 31, United States Code. The budget shall consist of
the estimates made by the Secretary of expenditures under this Act and
other relevant financial matters for the succeeding 3 fiscal years, and
shall be included in the budget of the United States Government.
``(e) Appropriations.--The Secretary may make expenditures from the
Nuclear Waste Fund, subject to appropriations, which shall remain
available until expended.
``SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT.
``(a) Establishment.--There hereby is established within the
Department of Energy an Office of Civilian Radioactive Waste
Management. The Office shall be headed by a Director, who shall be
appointed by the President, by and with the advice and consent of the
Senate, and who shall be compensated at the rate payable for level IV
of the Executive Schedule under section 5315 of title 5, United States
Code.
``(b) Functions of Director.--The Director of the Office shall be
responsible for carrying out the functions of the Secretary under this
Act, subject to the general supervision of the Secretary. The Director
of the Office shall be directly responsible to the Secretary.
``SEC. 403. FEDERAL CONTRIBUTION.
``(a) Allocation.--No later than one year from the date of
enactment of the Nuclear Waste Policy Act of 1996, acting pursuant to
section 553 of title 5, United States Code, the Secretary shall issue a
final rule establishing the appropriate portion of the costs of
managing spent nuclear fuel and high-level radioactive waste under this
Act allocable to the interim storage or permanent disposal of spent
nuclear fuel and high-level radioactive waste from atomic energy
defense activities and spent nuclear fuel from foreign research
reactors. The share of costs allocable to the management of spent
nuclear fuel and high-level radioactive waste from atomic energy
defense activities and spent nuclear fuel from foreign research
reactors shall include--
``(1) an appropriate portion of the costs associated with
research and development activities with respect to development
of an interim storage facility and repository; and
``(2) as appropriate, interest on the principal amounts due
calculated by reference to the appropriate Treasury bill rate
as if the payments were made at a point in time consistent with
the payment dates for spent nuclear fuel and high-level
radioactive waste under the contracts.
``(b) Appropriation Request.--In addition to any request for an
appropriation from the Nuclear Waste Fund, the Secretary shall request
annual appropriations from general revenues in amounts sufficient to
pay the costs of the management of spent nuclear fuel and high-level
radioactive waste from atomic energy defense activities and spent
nuclear fuel from foreign research reactors, as established under
subsection (a).
``(c) Report.--In conjunction with the annual report submitted to
Congress under section 702, the Secretary shall advise the Congress
annually of the amount of spent nuclear fuel and high-level radioactive
waste from atomic energy activities and spent nuclear fuel from foreign
research reactors, requiring management in the integrated management
system.
``(d) Authorization.--There is authorized to be appropriated to the
Secretary, from general revenues, for carrying out the purposes of this
Act, such sums as may be necessary to pay the costs of the management
of spent nuclear fuel and high-level radioactive waste from atomic
energy defense activities and spent nuclear fuel from foreign research
reactors, as established under subsection (a).
``TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS
``SEC. 501. COMPLIANCE WITH OTHER LAWS.
``If the requirements of any Federal, State, or local law
(including a requirement imposed by regulation or by any other means
under such a law) are inconsistent with or duplicative of the
requirements of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.)
or of this Act, the Secretary shall comply only with the requirements
of the Atomic Energy Act of 1954 and of this Act in implementing the
integrated management system.
``SEC. 502. JUDICIAL REVIEW OF AGENCY ACTIONS.
``(a) Jurisdiction of the United States Courts of Appeals.--
``(1) Original and exclusive jurisdiction.--Except for
review in the Supreme Court of the United States, and except as
otherwise provided in this Act, the United States courts of
appeals shall have original and exclusive jurisdiction over any
civil action--
``(A) for review of any final decision or action of
the Secretary, the President, or the Commission under
this Act;
``(B) alleging the failure of the Secretary, the
President, or the Commission to make any decision, or
take any action, required under this Act;
``(C) challenging the constitutionality of any
decision made, or action taken, under any provision of
this Act; or
``(D) for review of any environmental impact
statement prepared or environmental assessment pursuant
to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) with respect to any action under
this Act or alleging a failure to prepare such
statement with respect to any such action.
``(2) Venue.--The venue of any proceeding under this
section shall be in the judicial circuit in which the
petitioner involved resides or has its principal office, or in
the United States Court of Appeals for the District of Columbia
Circuit.
(b) Deadline for Commencing Action.--A civil action for judicial
review described under subsection (a)(1) may be brought no later than
180 days after the date of the decision or action or failure to act
involved, as the case may be, except that if a party shows that he did
not know of the decision or action complained of (or of the failure to
act), and that a reasonable person acting under the circumstances would
not have known, such party may bring a civil action no later than 180
days after the date such party acquired actual or constructive
knowledge or such decision, action, or failure to act.
``(c) Application of Other Law.--The provisions of this section
relating to any matter shall apply in lieu of the provisions of any
other Act relating to the same matter.
``SEC. 503. LICENSING OF FACILITY EXPANSIONS AND TRANSSHIPMENTS.
``(a) Oral Argument.--In any Commission hearing under section 189
of the Atomic Energy Act of 1954 (42 U.S.C. 2239) on an application for
a license, or for an amendment to an existing license, filed after
January 7, 1983, to expand the spent nuclear fuel storage capacity at
the site of a civilian nuclear power reactor, through the use of high-
density fuel storage racks, fuel rod compaction, the transshipment of
spent nuclear fuel to another civilian nuclear power reactor within the
same utility system, the construction of additional spent nuclear fuel
pool capacity or dry storage capacity, or by other means, the
Commission shall, at the request of any party, provide an opportunity
for oral argument with respect to any matter which the Commission
determines to be in controversy among the parties. The oral argument
shall be preceded by such discovery procedures as the rules of the
Commission shall provide. The Commission shall require each party,
including the Commission staff, to submit in written form, at the time
of the oral argument, a summary of the facts, data, and arguments upon
which such party proposes to rely that are known at such time to such
party. Only facts and data in the form of sworn testimony or written
submission may be relied upon by the parties during oral argument. Of
the materials that may be submitted by the parties during oral
argument, the Commission shall only consider those facts and data that
are submitted in the form of sworn testimony or written submission.
``(b) Adjudicatory Hearing.--
``(1) Designation.--At the conclusion of any oral argument
under subsection (a), the Commission shall designate any
disputed question of fact, together with any remaining
questions of law, for resolution in an adjudicatory hearing
only if it determines that--
``(A) there is a genuine and substantial dispute of
fact which can only be resolved with sufficient
accuracy by the introduction of evidence in an
adjudicatory hearing; and
``(B) the decision of the Commission is likely to
depend in whole or in part on the resolution of such
dispute.
``(2) Determination.--In making a determination under this
subsection, the Commission--
``(A) shall designate in writing the specific facts
that are in genuine and substantial dispute, the reason
why the decision of the agency is likely to depend on
the resolution of such facts, and the reason why an
adjudicatory hearing is likely to resolve the dispute;
and
``(B) shall not consider--
``(i) any issue relating to the design,
construction, or operation of any civilian
nuclear power reactor already licensed to
operate at such site, or any civilian nuclear
power reactor to which a construction permit
has been granted at such site, unless the
Commission determines that any such issue
substantially affects the design, construction,
or operation of the facility or activity for
which such license application, authorization,
or amendment is being considered; or
``(ii) any siting or design issue fully
considered and decided by the Commission in
connection with the issuance of a construction
permit or operating license for a civilian
nuclear power reactor at such site, unless--
``(I) such issue results from any
revision of siting or design criteria
by the Commission following such
decision; and
``(II) the Commission determines
that such issue substantially affects
the design, construction, or operation
of the facility or activity for which
such license application,
authorization, or amendment is being
considered.
``(3) Application.--The provisions of paragraph (2)(B)
shall apply only with respect to licenses, authorizations, or
amendments to licenses or authorizations, applied for under the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) before
December 31, 2005.
``(4) Construction.--The provisions of this section shall
not apply to the first application for a license or license
amendment received by the Commission to expand onsite spent
fuel storage capacity by the use of a new technology not
previously approved for use at any nuclear power plant by the
Commission.
``(c) Judicial Review.--No court shall hold unlawful or set aside a
decision of the Commission in any proceeding described in subsection
(a) because of a failure by the Commission to use a particular
procedure pursuant to this section unless--
``(1) an objection to the procedure used was presented to
the Commission in a timely fashion or there are extraordinary
circumstances that excuse the failure to present a timely
objection; and
``(2) the court finds that such failure has precluded a
fair consideration and informed resolution of a significant
issue of the proceeding taken as a whole.
``SEC. 504. SITING A SECOND REPOSITORY.
``(a) Congressional Action Required.--The Secretary may not conduct
site-specific activities with respect to a second repository unless
Congress has specifically authorized and appropriated funds for such
activities.
``(b) Report.--The Secretary shall report to the President and to
Congress on or after January 1, 2007, but not later than January 1,
2010, on the need for a second repository.
``SEC. 505. FINANCIAL ARRANGEMENTS FOR LOW-LEVEL RADIOACTIVE WASTE SITE
CLOSURE.
``(a) Financial Arrangements.--
``(1) Standards and instructions.--The Commission shall
establish by rule, regulation, or order, after public notice,
and in accordance with section 181 of the Atomic Energy Act of
1954 (42 U.S.C. 2231), such standards and instructions as the
Commission may deem necessary or desirable to ensure in the
case of each license for the disposal of low-level radioactive
waste that an adequate bond, surety, or other financial
arrangement (as determined by the Commission) will be provided
by a licensee to permit completion of all requirements
established by the Commission for the decontamination,
decommissioning, site closure, and reclamation of sites,
structures, and equipment used in conjunction with such low-
level radioactive waste. Such financial arrangements shall be
provided and approved by the Commission, or, in the case of
sites within the boundaries of any agreement State under
section 274 of the Atomic Energy Act of 1954 (42 U.S.C. 2021),
by the appropriate State or State entity, prior to issuance of
licenses for low-level radioactive waste disposal or, in the
case of licenses in effect on January 7, 1983, prior to
termination of such licenses.
``(2) Bonding, surety or other financial arrangements.--If
the Commission determines that any long-term maintenance or
monitoring, or both, will be necessary at a site described in
paragraph (1), the Commission shall ensure before termination
of the license involved that the licensee has made available
such bonding, surety, or other financial arrangements as may be
necessary to ensure that any necessary long-term maintenance or
monitoring needed for such site will be carried out by the
person having title and custody for such site following license
termination.
``(b) Title and Custody.--
``(1) Authority of secretary.--The Secretary shall have
authority to assume title and custody of low-level radioactive
waste and the land on which such waste is disposed of, upon
request of the owner of such waste and land and following
termination of the license issued by the Commission for such
disposal, if the Commission determines that--
``(A) the requirements of the Commission for site
closure, decommissioning, and decontamination have been
met by the licensee involved and that such licensee is
in compliance with the provisions of subsection (a);
``(B) such title and custody will be transferred to
the Secretary without cost to the Federal Government;
and
``(C) Federal ownership and management of such site
is necessary or desirable in order to protect the
public health and safety, and the environment.
``(2) Protection.--If the Secretary assumes title and
custody of any such waste and land under this subsection, the
Secretary shall maintain such waste and land in a manner that
will protect the public health and safety, and the environment.
``(c) Special Sites.--If the low-level radioactive waste involved
is the result of a licensed activity to recover zirconium, hafnium, and
rare earths from source material, the Secretary, upon request of the
owner of the site involved, shall assume title and custody of such
waste and the land on which it is disposed when such site has been
decontaminated and stabilized in accordance with the requirements
established by the Commission and when such owner has made adequate
financial arrangements approved by the Commission for the long-term
maintenance and monitoring of such site.
``SEC. 506. NUCLEAR REGULATORY COMMISSION TRAINING AUTHORIZATION.
``The Commission is authorized and directed to promulgate
regulations, or other appropriate regulatory guidance, for the training
and qualifications of civilian nuclear power plant operators,
supervisors, technicians, and other appropriate operating personnel.
Such regulations or guidance shall establish simulator training
requirements for applicants for civilian nuclear power plant operator
licenses and for operator requalification programs; requirements
governing Commission administration of requalification examinations;
requirements for operating tests at civilian nuclear power plant
simulators, and instructional requirements for civilian nuclear power
plant licensee personnel training programs.
``SEC. 507. EMPLACEMENT SCHEDULE.
``(a) The emplacement schedule shall be implemented in accordance
with the following:
``(1) Emplacement priority ranking shall be determined by
the Department's annual `Acceptance Priority Ranking' report.
``(2) The Secretary's spent fuel emplacement rate shall be
no less than the following: 1,200 MTU in fiscal year 2000 and
1,200 MTU in fiscal year 2001; 2,000 MTU in fiscal year 2002
and 2,000 MTU in fiscal year 2003; 2,700 MTU in fiscal year
2004; and 3,000 MTU annually thereafter.
``(b) If the Secretary is unable to begin emplacement by November
30, 1999 at the rates specified in subsection (a), or if the cumulative
amount emplaced in any year thereafter is less than that which would
have been accepted under the emplacement rate specified in subsection
(a), the Secretary shall, as a mitigation measure, adjust the
emplacement schedule upward such that within 5 years of the start of
emplacement by the Secretary,
``(1) the total quantity accepted by the Secretary is
consistent with the total quantity that the Secretary would
have accepted if the Secretary had began emplacement in fiscal
year 2000, and
``(2) thereafter the emplacement rate is equivalent to the
rate that would be in place pursuant to subsection (a) above if
the Secretary had commenced emplacement in fiscal year 2000.
``SEC. 508. TRANSFER OF TITLE.
``(a) Acceptance by the Secretary of any spent nuclear fuel or
high-level radioactive waste shall constitute a transfer of title to
the Secretary.
``(b) No later than 6 months following the date of enactment of the
Nuclear Waste Policy Act of 1996, the Secretary is authorized to accept
all spent nuclear fuel withdrawn from Dairyland Power Cooperative's La
Crosse Reactor and, upon acceptance, shall provide Dairyland Power
Cooperative with evidence of the title transfer. Immediately upon the
Secretary's acceptance of such spent nuclear fuel, the Secretary shall
assume all responsibility and liability for the interim storage and
permanent disposal thereof and is authorized to compensate Dairyland
Power Cooperative for any costs related to operating and maintaining
facilities necessary for such storage from the date of acceptance until
the Secretary removes the spent nuclear fuel from the La Crosse Reactor
site.
``SEC. 509. DECOMMISSIONING PILOT PROGRAM.
``(a) Authorization.--The Secretary is authorized to establish a
Decommissioning Pilot Program to decommission and decontaminate the
sodium-cooled fast breeder experimental test-site reactor located in
northwest Arkansas.
``(b) Funding.--No funds from the Nuclear Waste Fund may be used
for the Decommissioning Pilot Program.
``SEC. 510. WATER RIGHTS.
``(a) No Federal Reservation.--Nothing in this Act or any other Act
of Congress shall constitute or be construed to constitute either an
express or implied Federal reservation of water or water rights for any
purpose arising under this Act.
``(b) Acquisition and Exercise of Water Rights Under Nevada Law.--
The United States may acquire and exercise such water rights as it
deems necessary to carry out its responsibilities under this Act
pursuant to the substantive and procedural requirements of the State of
Nevada. Nothing in this Act shall be construed to authorize the use of
eminent domain by the United States to acquire water rights for such
lands.
``(c) Exercise of Water Rights Generally Under Nevada Laws.--
Nothing in this Act shall be construed to limit the exercise of water
rights as provided under Nevada State laws.
``TITLE VI--NUCLEAR WASTE TECHNICAL REVIEW BOARD
``SEC. 601. DEFINITIONS.
``For purposes of this title--
``(1) Chairman.--The term `Chairman' means the Chairman of
the Nuclear Waste Technical Review Board.
``(2) Board.--The term `Board' means the Nuclear Waste
Technical Review Board continued under section 602.
``SEC. 602. NUCLEAR WASTE TECHNICAL REVIEW BOARD.
``(a) Continuation of the Nuclear Waste Technical Review Board.--
The Nuclear Waste Technical Review Board, established under section
502(a) of the Nuclear Waste Policy Act of 1982 as constituted prior to
the date of enactment of the Nuclear Waste Policy Act of 1996, shall
continue in effect subsequent to the date of enactment of the Nuclear
Waste Policy Act of 1996.
``(b) Members.--
``(1) Number.--The Board shall consist of 11 members who
shall be appointed by the President not later than 90 days
after December 22, 1987, from among persons nominated by the
National Academy of Sciences in accordance with paragraph (3).
``(2) Chair.--The President shall designate a member of the
Board to serve as Chairman.
``(3) National academy of sciences.--
``(A) Nominations.--The National Academy of
Sciences shall, not later than 90 days after December
22, 1987, nominate not less than 22 persons for
appointment to the Board from among persons who meet
the qualifications described in subparagraph (C).
``(B) Vacancies.--The National Academy of Sciences
shall nominate not less than 2 persons to fill any
vacancy on the Board from among persons who meet the
qualifications described in subparagraph (C).
``(C) Nominees.--
``(i) Each person nominated for appointment
to the Board shall be--
``(I) eminent in a field of science
or engineering, including environmental
sciences; and
``(II) selected solely on the basis
of established records of distinguished
service.
``(ii) The membership of the Board shall be
representatives of the broad range of
scientific and engineering disciplines related
to activities under this title.
``(iii) No person shall be nominated for
appointment to the Board who is an employee
of--
``(I) the Department of Energy;
``(II) a national laboratory under
contract with the Department of Energy;
or
``(III) an entity performing spent
nuclear fuel or high-level radioactive
waste activities under contract with
the Department of Energy.
``(4) Vacancies.--Any vacancy on the Board shall be filled
by the nomination and appointment process described in
paragraphs (1) and (3).
``(5) Terms.--Members of the Board shall be appointed for
terms of 4 years, each such term to commence 120 days after
December 22, 1987, except that of the 11 members first
appointed to the Board, 5 shall serve for 2 years and 6 shall
serve for 4 years, to be designated by the President at the
time of appointment, except that a member of the Board whose
term has expired may continue to serve as a member of the Board
until such member's successor has taken office.
``SEC. 603. FUNCTIONS.
``The Board shall limit its evaluations to the technical and
scientific validity solely of the following activities undertaken
directly by the Secretary after December 22, 1987--
``(1) site characterization activities; and
``(2) activities of the Secretary relating to the packaging
or transportation of spent nuclear fuel or high-level
radioactive waste.
``SEC. 604. INVESTIGATORY POWERS.
``(a) Hearings.--Upon request of the Chairman or a majority of the
members of the Board, the Board may hold such hearings, sit and act at
such times and places, take such testimony, and receive such evidence,
as the Board considers appropriate. Any member of the Board may
administer oaths or affirmations to witnesses appearing before the
Board. The Secretary or the Secretary's designee or designees shall not
be required to appear before the Board or any element of the Board for
more than twelve working days per calendar year.
``(b) Production of Documents.--
``(1) Response to inquires.--Upon the request of the
Chairman or a majority of the members of the Board, and subject
to existing law, the Secretary (or any contractor of the
Secretary) shall provide the Board with such records, files,
papers, data, or information that is generally available to the
public as may be necessary to respond to any inquiry of the
Board under this title.
``(2) Extent.--Subject to existing law, information
obtainable under paragraph (1) may include drafts of products
and documentation of work in progress.
``SEC. 605. COMPENSATION OF MEMBERS.
``(a) In General.--Each member of the Board shall be paid at the
rate of pay payable for level III of the Executive Schedule for each
day (including travel time) such member is engaged in the work of the
Board.
``(b) Travel Expenses.--Each member of the Board may receive travel
expenses, including per diem in lieu of subsistence, in the same manner
as is permitted under sections 5702 and 5703 of title 5, United States
Code.
``SEC. 606. STAFF.
``(a) Clerical Staff.--
``(1) Authority of chairman.--Subject to paragraph (2), the
Chairman may appoint and fix the compensation of such clerical
staff as may be necessary to discharge the responsibilities of
the Board.
``(2) Provisions of title 5.--Clerical staff shall be
appointed subject to the provisions of title 5, United States
Code, governing appointments in the competitive service, and
shall be paid in accordance with the provisions of chapter 51
and subchapter III of chapter 3 of such title relating to
classification and General Schedule pay rates.
``(b) Professional Staff.--
``(1) Authority of chairman.--Subject to paragraphs (2) and
(3), the Chairman may appoint and fix the compensation of such
professional staff as may be necessary to discharge the
responsibilities of the Board.
``(2) Number.--Not more than 10 professional staff members
may be appointed under this subsection.
``(3) Title 5.--Professional staff members may be appointed
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and
may be paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no
individual so appointed may receive pay in excess of the annual
rate of basic pay payable for GS-18 of the General Schedule.
``SEC. 607. SUPPORT SERVICES.
``(a) General Services.--To the extent permitted by law and
requested by the Chairman, the Administrator of General Services shall
provide the Board with necessary administrative services, facilities,
and support on a reimbursable basis.
``(b) Accounting, Research, and Technology Assessment Services.--
The Comptroller General and the Librarian of Congress shall, to the
extent permitted by law and subject to the availability of funds,
provide the Board with such facilities, support, funds and services,
including staff, as may be necessary for the effective performance of
the functions of the Board.
``(c) Additional Support.--Upon the request of the Chairman, the
Board may secure directly from the head of any department or agency of
the United States information necessary to enable it to carry out this
title.
``(d) Mails.--The Board may use the United States mails in the same
manner and under the same conditions as other departments and agencies
of the United States.
``(e) Experts and Consultants.--Subject to such rules as may be
prescribed by the Board, the Chairman may procure temporary and
intermittent services under section 3109(b) of title 5 of the United
States Code, but at rates for individuals not to exceed the daily
equivalent of the maximum annual rate of basic pay payable for GS-18 of
the General Schedule.
``SEC. 608. REPORT.
``The Board shall report not less than two times per year to
Congress and the Secretary its findings, conclusions, and
recommendations.
``SEC. 609. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for expenditures such
sums as may be necessary to carry out the provisions of this title.
``SEC. 610. TERMINATION OF THE BOARD.
``The Board shall cease to exist not later than one year after the
date on which the Secretary begins disposal of spent nuclear fuel or
high-level radioactive waste in the repository.
``TITLE VII--MANAGEMENT REFORM
``SEC. 701. MANAGEMENT REFORM INITIATIVES.
``(a) In General.--The Secretary is directed to take actions as
necessary to improve the management of the civilian radioactive waste
management program to ensure that the program is operated, to the
maximum extent practicable, in like manner as a private business.
``(b) Audits.--
``(1) Standard.--The Office of Civilian Radioactive Waste
Management, its contractors, and subcontractors at all tiers,
shall conduct, or have conducted, audits and examinations of
their operations in accordance with the usual and customary
practices of private corporations engaged in large nuclear
construction projects consistent with its role in the program.
``(2) Time.--The management practices and performances of
the Office of Civilian Radioactive Waste Management shall be
audited every 5 years by an independent management consulting
firm with significant experience in similar audits of private
corporations, engaged in large nuclear construction projects.
The first such audit shall be conducted 5 years after the
enactment of the Nuclear Waste Policy Act of 1996.
``(3) Comptroller general.--The Comptroller General of the
United States shall annually make an audit of the Office, in
accordance with such regulations as the Comptroller General may
prescribe. The Comptroller General shall have access to such
books, records, accounts, and other materials of the Office as
the Comptroller General determines to be necessary for the
preparation of such audit. The Comptroller General shall submit
to the Congress a report on the results of each audit conducted
under this section.
``(4) Time.--No audit contemplated by this subsection shall
take longer than 30 days to conduct. An audit report shall be
issued in final form no longer than 60 days after the audit is
commenced.
``(5) Public documents.--All audit reports shall be public
documents and available to any individual upon request.
``(c) Value Engineering.--The Secretary shall create a value
engineering function within the Office of Civilian Radioactive Waste
Management that reports directly to the Director, which shall carry out
value engineering functions in accordance with the usual and customary
practices of private corporations engaged in large nuclear construction
projects.
``(d) Site Characterization.--The Secretary shall employ, on an on-
going basis, integrated performance modeling to identify appropriate
parameters for the remaining site characterization effort and to
eliminate studies of parameters that are shown not to affect long-term
repository performance.
``SEC. 702. REPORTING.
``(a) Initial Report.--Within 180 days of enactment of this
section, the Secretary shall report to Congress on its planned actions
for implementing the provisions of this Act, including the development
of the Integrated Waste Management System. Such report shall include--
``(1) an analysis of the Secretary's progress in meeting
its statutory and contractual obligation to accept title to,
possession of, and delivery of spent nuclear fuel and high-
level radioactive waste beginning no later than November 30,
1999, and in accordance with the acceptance schedule;
``(2) a detailed schedule and timeline showing each action
that the Secretary intends to take to meet the Secretary's
obligation under this Act and the contracts;
``(3) a detailed description of the Secretary's contingency
plans in the event that the Secretary is unable to meet the
planned schedule and timeline; and
``(4) an analysis by the Secretary of its funding needs for
fiscal years 1996 through 2001.
``(b) Annual Reports.--On each anniversary of the submittal of the
report required by subsection (a), the Secretary shall make annual
reports to the Congress for the purpose of updating the information
contained in such report. The annul reports shall be brief and shall
notify the Congress of--
``(1) any modifications to the Secretary's schedule and
timeline for meeting its obligations under this Act;
``(2) the reasons for such modifications, and the status of
the implementation of any of the Secretary's contingency plans;
and
``(3) the Secretary's analysis of its funding needs for the
ensuing 5 fiscal years.
``SEC. 703. EFFECTIVE DATE.
``This Act shall become effective one day after enactment.''.
Passed the Senate July 31, 1996.
Attest:
GARY SISCO,
Secretary.