[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1287 Engrossed in Senate (ES)]
106th CONGRESS
2d Session
S. 1287
_______________________________________________________________________
AN ACT
To provide for the storage of spent nuclear fuel pending completion of
the nuclear waste repository, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Waste Policy Amendments Act
of 2000''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``contract holder'' means a party to a
contract with the Secretary of Energy for the disposal of spent
nuclear fuel or high-level radioactive waste entered into
pursuant to section 302(a) of the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10222(a)); and
(2) the terms ``Administrator'', ``civilian nuclear power
reactor'', ``Commission'', ``Department'', ``disposal'',
``high-level radioactive waste'', ``Indian tribe'',
``repository'', ``reservation'', ``Secretary'', ``spent nuclear
fuel'', ``State'', ``storage'', ``Waste Fund'', and ``Yucca
Mountain site'' shall have the meanings given such terms in
section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10101).
TITLE I--STORAGE AND DISPOSAL
SEC. 101. PROGRAM SCHEDULE.
(a) In General.--The President, the Secretary, and the Nuclear
Regulatory Commission shall carry out their duties under this Act and
the Nuclear Waste Policy Act of 1982 by the earliest practicable date
consistent with the public interest and applicable provisions of law.
(b) Milestones.--(1) The Secretary shall make a final decision
whether to recommend the Yucca Mountain site for development of the
repository to the President by December 31, 2001;
(2) The President shall make a final decision whether to recommend
the Yucca Mountain site for development of the repository to the
Congress by March 31, 2002;
(3) The Nuclear Regulatory Commission shall make a final decision
whether to authorize construction of the repository by January 31,
2006; and
(4) As provided in subsection (c), the Secretary shall begin
receiving waste at the repository site at the earliest practicable date
and no later than eighteen months after receiving construction
authorization from the Nuclear Regulatory Commission.
(c) Receipt Facilities.--(1) As part of the submission of an
application for a construction authorization pursuant to section 114(b)
of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(b)), the
Secretary shall apply to the Commission to receive and possess spent
nuclear fuel and high-level radioactive waste at surface facilities
within the geologic repository operations area for the receipt,
handling, packaging, and storage prior to emplacement.
(2) As part of the issuance of the construction authorization under
section 114(b) of the Nuclear Waste Policy Act of 1982, the Commission
shall authorize construction of surface facilities described in
subsection (c)(1) and the receipt and possession of spent nuclear fuel
and high-level radioactive waste at such surface facilities within the
geologic repository operations area for the purposes in subsection
(c)(1), in accordance with such standards as the Commission finds are
necessary to protect the public health and safety.
SEC. 102. BACKUP STORAGE CAPACITY.
(a) Subject to section 105(d), the Secretary shall enter into a
contract under this subsection with any person generating or owning
spent nuclear fuel that meets the requirements of section 135(b)(1) (A)
and (B) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10155(b)(1)
(A) and (B)) to--
(1) take title at the civilian nuclear power reactor site
to such amounts of spent nuclear fuel from the civilian nuclear
power reactor as the Commission determines cannot be stored
onsite; and
(2) transport such spent nuclear fuel to, and store such
spent nuclear fuel at, the repository site after the Commission
has authorized construction of the repository without regard to
the Secretary's Acceptance Priority Ranking report or Annual
Capacity report.
SEC. 103. REPOSITORY LICENSING.
(a) Adoption of Standards.--Notwithstanding the time schedule in
section 801(a)(1) of the Energy Policy Act of 1992 (42 U.S.C. 10141
note), the Administrator shall not publish or adopt public health and
safety standards for the protection of the public from releases from
radioactive materials stored or disposed of in the repository at the
Yucca Mountain site--
(1) except in accordance with this section; and
(2) before June 1, 2001.
(b) Consultation and Reports to Congress.--(1) Not later than 30
days after the enactment of this Act, the Administrator shall provide
the Commission and the National Academy of Sciences--
(A) a detailed written comparison of the provisions of the
proposed Environmental Protection Standards for Yucca Mountain,
Nevada, published in the Federal Register on August 27, 1999
(64 Fed. Reg. 46,975) with the recommendations made by the
National Academy of Sciences in its report, Technical Bases for
Yucca Mountain Standards, pursuant to section 801(a)(2) of the
Energy Policy Act of 1992 (42 U.S.C. 10141 note); and
(B) the scientific basis for the proposed rule.
(2) Not later than April 1, 2001, the Commission and the National
Academy of Sciences shall, based on the proposed rule and the
information provided by the Administrator under paragraph (1), each
submit a report to Congress on whether the proposed rule--
(A) is consistent with section 801(a)(2) of the Energy
Policy Act of 1992 (42 U.S.C. 10141 note);
(B) provide a reasonably expectation that the public health
and safety and the environment will be adequately protected
from the hazards posed by high-level radioactive waste and
spent nuclear fuel disposed of in the repository;
(C) is based on the best reasonably obtainable scientific
and technical information concerning the need for, and
consequences of, the rule; and
(D) imposes the least burden, consistent with obtaining the
regulatory objective of protecting the public health and safety
and the environment.
(3) In the event that either the Commission or the National Academy
of Sciences finds that the proposed rule does not meet one or more of
the criteria listed in paragraph (2), it shall notify the Administrator
not later than April 1, 2001 of its finding and the basis for such
finding.
(c) Application of Congressional Review Procedures.--Any final rule
promulgated under section 801(a)(1) of the Energy Policy Act of 1992
(42 U.S.C. 10141 note) shall be treated as a major rule for purposes of
chapter 8 of title 5, United States Code, and shall be subject to all
the requirements and procedures pertaining to a major rule in such
chapter.
(d) Capacity.--Section 114(d) of the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10134(d)) is amended by striking ``The Commission
decision approving the first such application . . .'' through the
period at the end of the sentence.
SEC. 104. NUCLEAR WASTE FEE.
The last sentence of section 302(a)(4) of the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10222(a)(4)) is amended to read as follows:
``The adjusted fee proposed by the Secretary shall be effective upon
enactment of a joint resolution or other provision of law specifically
approving the adjusted fee.''.
SEC. 105. SETTLEMENT AGREEMENTS.
(a) In General.--The Secretary may, upon the request of any person
with whom he has entered into a contract under section 302(a) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)), enter into a
settlement agreement with the contract holder to--
(1) relieve any harm caused by the Secretary's failure to
meet the Department's commitment, or
(2) settle any legal claims against the United States
arising out of such failure.
(b) Types of Relief.--Pursuant to a settlement agreement entered
into under this section, the Secretary may--
(1) provide spent nuclear fuel storage casks to the
contract holder;
(2) compensate the contract holder for the cost of
providing spent nuclear fuel storage at the contract holders'
storage facility; or
(3) provide any combination of the foregoing.
(c) Scope of Relief.--The Secretary's obligation to provide the
relief under subsection (b) shall not exceed the Secretary's obligation
to accept delivery of such spent fuel under the terms of the
Secretary's contract with such contract holder under section 302(a) of
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)), including
any otherwise permissible assignment of rights.
(d) Waiver of Claims.--(1) The Secretary may not enter into a
settlement agreement under subsection (a) or (f) or a backup contract
under section 102(a) with any contract holder unless the contract
holder--
(A) notifies the Secretary within 180 days after the date
of enactment of this Act of its intent to enter into a
settlement negotiations, and
(B) as part of such settlement agreement or backup
contract, waives any claim for damages against the United
States arising out of the Secretary's failure to begin
disposing of such person's high-level waste or spent nuclear
fuel by January 31, 1998.
(2) Nothing in this subsection shall be read to require a
contract holder to waive any future claim against the United
States arising out of the Secretary's failure to meet any new
obligation assumed under a settlement agreement or backup
storage agreement, including any obligation related to the
movement of spent fuel by the Department.
(e) Source of Funds.--Notwithstanding section 302(d) of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10222(d)), the Secretary may not
make expenditures from the Nuclear Waste Fund for any costs that may be
incurred by the Secretary pursuant to a settlement agreement or backup
storage contract under this Act except--
(1) the cost of acquiring and loading spent nuclear fuel
casks;
(2) the cost of transporting spent nuclear fuel from the
contract holder's site to the repository; and
(3) any other cost incurred by the Secretary required to
perform a settlement agreement or backup storage contract that
would have been incurred by the Secretary under the contracts
entered into under section 302(a) of the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10222(a)) notwithstanding their
amendment pursuant to this Act.
(f) Reactor Demonstration Program.--(1) Not later than 120 days
after the date of enactment of the Nuclear Waste Policy Amendments Act
of 2000, and notwithstanding Section 302(a)(5) of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10222(a)(5)), the Secretary is authorized
to take title to the spent nuclear fuel withdrawn from the
demonstration reactor remaining from the Cooperative Power Reactor
Demonstration Program (Pub. L. No. 87-315, Sec. 109, 75 Stat. 679), the
Dairyland Power Cooperative La Crosse Boiling Water Reactor.
Immediately upon the Secretary's taking title to the Dairyland Power
Cooperative La Crosse Boiling Water Reactor spent nuclear fuel, the
Secretary shall assume all responsibility and liability for the interim
storage and permanent disposal thereof and is authorized to compensate
Dairyland Power Cooperative for any costs related to operating and
maintaining facilities necessary for such storage, from the date of
taking title until the Secretary removes the spent nuclear fuel from
the Dairyland Power Cooperative La Crosse Boiling Water Reactor site.
The Secretary's obligation to take title or compensate the holder of
the Dairyland Power Cooperative La Crosse Boiling Water Reactor spent
nuclear fuel under this subsection shall include all of such fuel,
regardless of the delivery commitment schedule for such fuel under the
Secretary's contract with the Dairyland Power Cooperative as the
contract holder under Section 302(a) of the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10222(a)) or the acceptance schedule for such fuel
under section 106 of this Act.
(2) As a condition to the Secretary's taking of title to the
Dairyland Power Cooperative La Crosse Boiling Water Reactor spent
nuclear fuel, the contract holder for such fuel shall enter into a
settlement agreement containing a waiver of claims against the United
States as provided in this section.
(g) Savings Clause.--(1) Nothing in this section shall limit the
Secretary's existing authority to enter into settlement agreements or
address shutdown reactors and any associated public health and safety
or environmental concerns that may arise.
(2) Nothing in this Act diminishes obligations imposed upon the
Federal Government by the United States District Court of Idaho in an
order entered on October 17, 1995 in United States v. Batt (No. 91-
0054-S-EJL). To the extent this Act imposes obligations on the Federal
Government that are greater than those imposed by the court order, the
provisions of this Act shall prevail.
SEC. 106. ACCEPTANCE SCHEDULE.
(a) Priority Ranking.--Acceptance priority ranking shall be
determined by the Department's ``Acceptance Priority Ranking'' report.
(b) Acceptance Rate.--As soon as practicable after construction
authorization, but no later than eighteen months after the year of
issuance of a license to receive and possess spent nuclear fuel and
high-level radioactive waste under section 101(c), the Secretary's
total acceptance rate for all spent nuclear fuel and high-level waste
shall be a rate no less than the following as measured in metric tons
uranium (MTU), assuming that each high-level waste canister contains
0.5 MTU: 500 MTU in year 1, 700 MTU in year 2, 1,300 MTU in year 3,
2,100 MTU in year 4, 3,100 MTU in year 5, 3,300 MTU in years 6, 7, and
8, 3,400 MTU in years 9 through 24, and 3,900 MTU in year 25 and
thereafter.
(c) Other Acceptances.--Subject to the conditions contained in the
license to receive and possess spent nuclear fuel and high-level
radioactive waste issued under section 101(c), of the amounts provided
for in paragraph (b) for each year, not less than one-sixth shall be--
(1) spent nuclear fuel or civilian high-level radioactive
waste of domestic origin from civilian nuclear power reactors
that have permanently ceased operation on or before the date of
enactment of the Nuclear Waste Policy Act Amendments of 2000;
(2) spent nuclear fuel from foreign research reactors, as
necessary to promote nonproliferation activities; and
(3) spent nuclear fuel and high-level radioactive waste
from research and atomic energy defense activities, including
spent nuclear fuel from naval reactors:
Provided, however, That the Secretary shall accept not less than 7.5
percent of the total quantity of fuel and high-level radioactive waste
accepted in any year from the categories of radioactive materials
described in paragraphs (2) and (3) in subsection (c). If sufficient
amounts of radioactive materials are not available to utilize this
allocation, the Secretary shall allocate this acceptance capacity to
other contract holders.
(d) Effect on Schedule.--The contractual acceptance schedule shall
not be modified in any way as a result of the Secretary's acceptance of
any material other than contract holders' spent nuclear fuel and high-
level radioactive waste.
(e) Multi-Year Shipping Campaigns.--Consistent with the acceptance
schedule, the Secretary shall, in conjunction with contract holders,
define a specified multi-year period for each shipping campaign and
establish criteria under which the Secretary could accept contract
holders' cumulative allocations of spent nuclear fuel during the
campaign period at one time and thereby enhance the efficiency and
cost-effectiveness of spent nuclear fuel and high-level waste
acceptance.
SEC. 107. INITIAL LAND CONVEYANCES.
(a) Conveyances of Public Lands.--One hundred and twenty days after
enactment, all right, title and interest of the United States in the
property described in subsection (b), and improvements thereon,
together with all necessary easements for utilities and ingress and
egress to such property, including, but not limited to, the right to
improve those easements, are conveyed by operation of law to the County
of Nye, County of Lincoln, or the City of Caliente, Nevada, unless the
county notifies the Secretary of the Interior or the head of such other
appropriate agency in writing within 60 days of such date that it
elects not to take title to all or any part of the property, except
that any lands conveyed to the County of Nye under this subsection that
are subject to a Federal grazing permit or lease or a similar federally
granted permit or lease shall be conveyed between 60 and 120 days of
the earliest time the Federal agency administering or granting the
permit or lease would be able to legally terminate such right under the
statutes and regulations existing at the date of enactment of this Act,
unless Nye County and the affected holder of the permit or lease
negotiate an agreement that allows for an earlier conveyance.
(b) Special Conveyances.--Subject to valid existing rights and
notwithstanding any other law, the Secretary of the Interior or the
head of the other appropriate agency shall convey:
(1) To the County of Nye, Nevada, the following public
lands depicted on the maps dated February 1, 2000, and on file
with the Secretary:
Map 1: Proposed Pahrump Industrial Park Site
Map 2: Proposed Lathrop Wells (Gate 510) Industrial
Park Site
Map 3: Pahrump Landfill Sites
Map 4: Amargosa Valley Regional Landfill Site
Map 5: Amargosa Valley Municipal Landfill Site
Map 6: Beatty Landfill/Transfer Station Site
Map 7: Round Mountain Landfill Site
Map 8: Tonopah Landfill Site
Map 9: Gabbs Landfill Site.
(2) To the County of Nye, Nevada, the following public
lands depicted on the maps dated February 1, 2000, and on file
with the Secretary:
Map 1: Beatty
Map 2: Ione/Berlin
Map 3: Manhattan
Map 4: Round Mountain/Smoky Valley
Map 5: Tonopah
Map 6: Armargosa Valley
Map 7: Pahrump.
(3) To the County of Lincoln, Nevada, the following public
lands depicted on the maps dated February 1, 2000, and on file
with the Secretary:
Map 2: Lincoln County, Parcel M, Industrial Park
Site, Jointly with the City of Caliente
Map 3: Lincoln County, Parcels F and G, Mixed Use,
Industrial Sites
Map 4: Lincoln County, Parcels H and I, Mixed Use
and Airport Expansion Sites
Map 5: Lincoln County, Parcels J and K, Mixed Use,
Airport and Landfill Expansion Sites
Map 6: Lincoln County, Parcels E and L, Mixed Use,
Airport and Industrial Expansion Sites.
(4) To the City of Caliente, Nevada, the following public
lands depicted on the maps dated February 1, 2000, and on file
with the Secretary:
Map 1: City of Caliente, Parcels A, B, C and D,
Community Growth, Landfill Expansion and Community
Recreation Sites
Map 2: City of Caliente, Parcel M, Industrial Park
Site, Jointly with Lincoln County.
(5) To the City of Caliente, Nevada, the following public
lands depicted on the maps dated February 1, 2000, and on file
with the Secretary:
Map 1: City of Caliente, Industrial Park Site
Expansion.
(c) Construction.--The maps and legal descriptions of special
conveyance referred to in subsection (b) shall have the same force and
effect as if they were included in this Act. The Secretary may correct
clerical and typographical errors in the maps and legal descriptions
and make minor adjustments in the boundaries of the sites.
(d) Evidence of Title Transfer.--Upon the request of the County of
Lincoln or the County of Nye, Nevada, the Secretary of the Interior
shall provide evidence of title transfer.
(e) Consent.--(1) The acceptance or use of any of the benefits
provided under this title by any affected unit of local government
shall not be deemed to be an expression of consent, express or implied,
either under the Constitution of the State of Nevada or any law
thereof, to the siting of the repository in the State of Nevada, any
provision of such Constitution or laws to the contrary notwithstanding.
(2) Arguments.--Neither the United States nor any other entity may
assert any argument based on legal or equitable estoppel, or
acquiescence, or waiver, or consensual involvement, in response to any
decision by the State of Nevada, to oppose the siting in Nevada of the
repository premised upon or related to the acceptance or use of
benefits under this title.
(3) Liability.--No liability of any nature shall accrue to be
asserted against the State of Nevada, its Governor, any official
thereof, or any official of any governmental unit thereof, premised
solely upon the acceptance or use of benefits under this title.
TITLE II--TRANSPORTATION
SEC. 201. TRANSPORTATION.
Section 180 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10175) is amended to read as follows:
``transportation
``Sec. 180. (a) In General.--The transportation of spent nuclear
fuel and high-level radioactive waste from any civilian nuclear power
reactor to any other civilian nuclear power reactor or to any
Department of Energy Facility, by or for the Secretary, or by or for
any person who owns or generates spent nuclear fuel or high-level
radioactive waste, shall be subject to licensing and regulation by the
Commission and the Secretary of Transportation under all applicable
provisions of existing law.
``(1) Preferred shipping routes.--The Secretary shall
select and cause to be used preferred shipping routes for the
transportation of spent nuclear fuel and high level radioactive
waste from each shipping origin to the repository in accordance
with the regulations promulgated by the Secretary of
Transportation under authority of the Hazardous Materials
Transportation Act (chapter 51 of title 49, United State Code)
and by the Nuclear Regulatory Commission under authority of the
Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.).
``(2) State rerouting.--For purposes of this section, a
preferred route shall be an Interstate System highway for which
an alternative route is not designated by a State routing
agency, or a State-designated route designated by a State
routing agency pursuant to section 397.103 of title 49, Code of
Federal Regulations.
``(b) Shipping Containers.--No spent nuclear fuel or high-level
radioactive waste may be transported by or for the Secretary under this
Act except in packages--
``(1) the design of which has been certified by the
Commission; and
``(2) that have been determined by the Commission to
satisfy its quality assurance requirements.
``(c) Notification.--The Secretary shall provide advance
notification to States and Indian tribes through whose jurisdiction the
Secretary plans to transport spent nuclear fuel or high-level
radioactive waste.
``(d) Technical Assistance.--
``(1) In general.--
``(A) States and indian tribes.--As provided in
paragraph (3), the Secretary shall provide technical
assistance and funds to States and Indian tribes for
training of public safety officials or appropriate
units of State, local, and tribal government. A State
shall allocate to local governments within the State a
portion of any funds that the Secretary provides to the
State for technical assistance and funding.
``(B) Employee organizations.--The Secretary shall
provide technical assistance and funds for training
directly to nonprofit employee organizations, voluntary
emergency response organizations, and joint labor-
management organizations that demonstrate experience in
implementing and operating worker health and safety
training and education programs and demonstrate the
ability to reach and involve in training programs
target populations of workers who are or will be
directly engaged in the transportation of spent nuclear
fuel and high-level radioactive waste or emergency
response or post-emergency response with respect to
such transportation.
``(C) Training.--Training under this section--
``(i) shall cover procedures required for
safe routine transportation of materials and
procedures for dealing with emergency response
situations;
``(ii) shall be consistent with any
training standards established by the Secretary
of Transportation under subsection (h); and
``(iii) shall include--
``(I) a training program applicable
to persons responsible for responding
to emergency situations occurring
during the removal and transportation
of spent nuclear fuel and high-level
radioactive waste;
``(II) instruction of public safety
officers in procedures for the command
and control of the response to any
incident involving the waste; and
``(III) instruction of radiological
protection and emergency medical
personnel in procedures for responding
to an incident involving spent nuclear
fuel or high-level radioactive waste
being transported.
``(2) No shipments if no training.--
``(A) There shall be no shipments by the Secretary
of spent nuclear fuel and high-level radioactive waste
through the jurisdiction of any State or the
reservation lands of any Indian tribe eligible for
grants under paragraph (3)(B) to the repository until
the Secretary has made a determination that personnel
in all State, local, and tribal jurisdictions on
primary and alternative shipping routes have met
acceptable standards of training for emergency
responses to accidents involving spent nuclear fuel and
high-level radioactive waste, as established by the
Secretary, and unless technical assistance and funds to
implement procedures for the safe routine
transportation and for dealing with emergency response
situations under paragraph (1)(A) have been available
to a State or Indian tribe for at least 3 years prior
to any shipment: Provided, however, That the Secretary
may ship spent nuclear fuel and high-level radioactive
waste if technical assistance or funds have not been
made available because of--
``(i) an emergency, including the sudden
and unforeseen closure of a highway or rail
line or the sudden and unforeseen need to
remove spent fuel from a reactor because of an
accident, or
``(ii) the refusal to accept technical
assistance by a State or Indian tribe, or
``(iii) fraudulent actions which violate
Federal law governing the expenditure of
Federal funds.
``(B) In the event the Secretary is required to
transport spent fuel or high-level radioactive waste
through a jurisdiction prior to 3 years after the
provision of technical assistance or funds to such
jurisdiction, the Secretary shall, prior to such
shipment, hold meetings in each State and Indian
reservation through which the shipping route passes in
order to present initial shipment plans and receive
comments. Department of Energy personnel trained in
emergency response shall escort each shipment. Funds
and all Department of Energy training resources shall
be made available to States and Indian tribes along the
shipping route no later than three months prior to the
commencement of shipments: Provided, however, That in
no event shall such shipments exceed 1,000 metric tons
per year: Provided further, That no such shipments
shall be conducted more than four years after the
effective date of the Nuclear Waste Policy Amendments
Act of 2000.
``(3) Grants.--
``(A) In general.--To implement this section, the
Secretary may make expenditures from the Nuclear Waste
Fund to the extent provided for in appropriation Acts.
``(B) Grants for development of plans.--
``(i) In general.--The Secretary shall make
a grant of at least $150,000 to each State
through the jurisdiction of which and each
federally recognized Indian tribe through the
reservation lands of which one or more
shipments of spent nuclear fuel or high-level
radioactive waste will be made under this Act
for the purpose of developing a plan to prepare
for such shipments.
``(ii) Limitation.--A grant shall be made
under clause (i) only to a State or a federally
recognized Indian tribe that has the authority
to respond to incidents involving shipments of
hazardous material.
``(C) Grants for implementation of plans.--
``(i) In general.--Annual implementation
grants shall be made to States and Indian
tribes that have developed a plan to prepare
for shipments under this Act under subparagraph
(B). The Secretary, in submitting the annual
departmental budget to Congress for funding of
implementation grants under this section, shall
be guided by the State and tribal plans
developed under subparagraph (B). As part of
the Department of Energy's annual budget
request, the Secretary shall report to Congress
on--
``(I) the funds requested by States
and federally recognized Indian tribes
to implement this subsection;
``(II) the amount requested by the
President for implementation; and
``(III) the rationale for any
discrepancies between the amounts
requested by States and federally
recognized Indian tribes and the
amounts requested by the President.
``(ii) Allocation.--Of funds available for
grants under this subparagraph for any fiscal
year--
``(I) 25 percent shall be allocated
by the Secretary to ensure minimum
funding and program capability levels
in all States and Indian tribes based
on plans developed under subparagraph
(B); and
``(II) 75 percent shall be
allocated to States and Indian tribes
in proportion to the number of shipment
miles that are projected to be made in
total shipments under this Act through
each jurisdiction.
``(4) Availability of funds for shipments.--Funds under
paragraph (1) shall be provided for shipments to a repository,
regardless of whether the repository is operated by a private
entity or by the Department of Energy.
``(5) Minimizing duplication of effort and expenses.--The
Secretaries of Transportation, Labor, and Energy, Directors of
the Federal Emergency Management Agency and National Institute
of Environmental Health Sciences, the Nuclear Regulatory
Commission, and Administrator of the Environmental Protection
Agency shall review periodically, with the head of each
department, agency, or instrumentality of the Government, all
emergency response and preparedness training programs of that
department, agency, or instrumentality to minimize duplication
of effort and expense of the department, agency, or
instrumentality in carrying out the programs and shall take
necessary action to minimize duplication.
``(e) Public Information.--The Secretary shall conduct a program,
in cooperation with corridor States and tribes, to inform the public
regarding the transportation of spent nuclear fuel and high-level
radioactive waste, with an emphasis on those States, units of local
government, and Indian tribes through whose jurisdiction the Secretary
plans to transport substantial amounts of spent nuclear fuel or high-
level radioactive waste.
``(f) Use of Private Carriers.--The Secretary, in providing for the
transportation of spent nuclear fuel and high-level radioactive waste
under this Act, shall contract with private industry to the fullest
extent possible in each aspect of such transportation. The Secretary
shall use direct Federal services for such transportation only upon a
determination by the Secretary of Transportation, in consultation with
the Secretary, that private industry is unable or unwilling to provide
such transportation services at a reasonable cost.
``(g) Compliance With Transportation Regulations.--Any person that
transports spent nuclear fuel or high-level radioactive waste under the
Nuclear Waste Policy Amendments Act of 2000, 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.
``(h) Employee Protection.--Any person engaged in the interstate
commerce of spent nuclear fuel or high-level radioactive waste under
contract to the Secretary pursuant to this Act shall be subject to and
comply fully with the employee protection provisions of section 20109
of title 49, United States Code (in the case of employees of railroad
carriers) and section 31105 of title 49, United States Code (in the
case of employees operating commercial motor vehicles), or the
Commission (in the case of all other employees).
``(i) Training Standard.--
``(1) Regulation.--No later than 12 months after the date
of enactment of the Nuclear Waste Policy Amendments Act of
2000, the Secretary of Transportation, pursuant to authority
under other provisions of law, in consultation with the
Secretary of Labor and the Commission, shall promulgate a
regulation establishing training standards applicable to
workers directly involved in the removal and transportation of
spent nuclear fuel and high-level radioactive waste. The
regulation shall specify minimum training standards applicable
to workers, including managerial personnel. The regulation
shall require that the employer possess evidence of
satisfaction of the applicable training standard before any
individual may be employed in the removal and transportation of
spent nuclear fuel and high-level radioactive waste.
``(2) Secretary of transportation.--If the Secretary of
Transportation determines, in promulgating the regulation
required by paragraph (1), that existing Federal regulations
establish adequate training standards for workers, then the
Secretary of Transportation can refrain from promulgating
additional regulations with respect to worker training in such
activities. The Secretary of Transportation and the Commission
shall, by Memorandum of Understanding, ensure coordination of
worker training standards and to avoid duplicative regulation.
``(3) Training standards content.--(A) If training
standards are required to be promulgated under paragraph (1),
such standards shall, among other things deemed necessary and
appropriate by the Secretary of Transportation, provide for--
``(i) a specified minimum number of hours of
initial offsite instruction and actual field experience
under the direct supervision of a trained, experienced
supervisor;
``(ii) 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
(iii) 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.
``(B) The Secretary of Transportation may specify an
appropriate combination of knowledge, skills, and prior
training to fulfill the minimum number of hours requirements of
clauses (i) and (ii).
``(4) Emergency responder training standards.--The training
standards for persons responsible for responding to emergency
situations occurring during the removal and transportation of
spent nuclear and high-level radioactive waste shall, in
accordance with existing regulations, ensure their ability to
protect nearby persons, property, or the environment from the
effects of accidents involving spent nuclear fuel and high-
level radioactive waste.
``(5) Authorization.--There is authorized to be
appropriated to the Secretary of Transportation, from general
revenues, such sums as may be necessary to perform his duties
under this subsection.''.
TITLE III--DEVELOPMENT OF NATIONAL SPENT NUCLEAR FUEL STRATEGY
SEC. 301. FINDINGS.
(a) Prior to permanent closure of the geologic repository in Yucca
Mountain, Congress must determine whether the spent fuel in the
repository should be treated as waste subject to permanent burial or
should be considered an energy resource that is needed to meet future
energy requirements.
(b) Future use of nuclear energy may require construction of a
second geologic repository unless Yucca Mountain can safely accommodate
additional spent fuel. Improved spent fuel strategies may increase the
capacity of Yucca Mountain.
(c) Prior to construction of any second permanent geologic
repository, the nation's current plans for permanent burial of spent
fuel should be re-evaluated.
SEC. 302. OFFICE OF SPENT NUCLEAR FUEL RESEARCH.
(a) Establishment.--There is hereby established an Office of Spent
Nuclear Fuel Research within the Office of Nuclear Energy Science and
Technology of the Department of Energy. The Office shall be headed by
the Associate Director, who shall be a member of the Senior Executive
Service appointed by the Director of the Office of Nuclear Energy
Science and Technology, and compensated at a rate determined by
applicable law.
(b) Associate Director.--The Associate Director of the Office of
Spent Nuclear Fuel Research shall be responsible for carrying out an
integrated research, development, and demonstration program on
technologies for treatment, recycling, and disposal of high-level
nuclear radioactive waste and spent nuclear fuel, subject to the
general supervision of the Secretary. The Associate Director of the
Office shall report to the Director of the Office of Nuclear Energy
Science and Technology. The first such Associate Director shall be
appointed within 90 days of the enactment of the Nuclear Waste Policy
Amendments Act of 2000.
(c) Grant and Contract Authority.--In carrying out his
responsibilities under this section, the Secretary may make grants, or
enter into contracts, for the purposes of the research projects and
activities described in (d)(2).
(d) Duties.--(1) The Associate Director of the Office shall involve
national laboratories, universities, the commercial nuclear industry,
and other organizations to investigate technologies for the treatment,
recycling, and disposal of spent nuclear fuel and high-level
radioactive waste.
(2) The Associate Director of the Office shall--
(A) develop a research plan to provide recommendations by
2015;
(B) identify promising technologies for the treatment,
recycling, and disposal of spent nuclear fuel and high-level
radioactive waste;
(C) conduct research and development activities for
promising technologies;
(D) ensure that all activities include as key objectives
minimization of proliferation concerns and risk to the health
of the general public or site workers, as well as development
of cost-effective technologies;
(E) require research on both reactor- and accelerator-based
transmutation systems;
(F) require research on advanced processing and
separations;
(G) ensure that research efforts with this Office are
coordinated with research on advanced fuel cycles and reactors
conducted within the Office of Nuclear Energy Science and
Technology.
(e) Report.--The Associate Director of the Office of Spent Nuclear
Fuel Research shall annually prepare and submit a report to the
Congress on the activities and expenditures of the Office that
discusses progress being made in achieving the objectives of subsection
(b).
TITLE IV--GENERAL AND MISCELLANEOUS
SEC. 401. 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. 402. REPORTS.
(a) The Secretary is directed to report within 90 days from
enactment of this Act regarding all alternatives available to Northern
States Power Company and the Federal Government which would allow
Northern States Power Company to operate the Prairie Island Nuclear
Generating Plant until the end of the term of its current Nuclear
Regulatory Commission licenses, assuming existing State and Federal
laws remain unchanged.
(b) Within six months of enactment of this Act, the General
Accounting Office is directed to report back to the Senate Committee on
Energy and Natural Resources and the House Committee on Commerce on the
potential economic impacts to Minnesota, North Dakota, South Dakota,
Wisconsin, and Michigan ratepayers should the Prairie Island Nuclear
Generating Plant cease operations once it has met its State-imposed
storage limitation, including the costs of new generation,
decommissioning costs, and the costs of continued operation of onsite
storage of spent nuclear fuel storage.
SEC. 403. SEPARABILITY.
If any provision of this Act, or the application of such provision
to any person or circumstance, is held to be invalid, the remainder of
this Act, or the application of such provision to persons or
circumstances other than those as to which it is held invalid, shall
not be affected thereby.
SEC. 404. FAST FLUX TEST FACILITY.
Any spent nuclear fuel associated with the Fast Flux Test Facility
at the Hanford Reservation shall be transported and stored at the
repository site as soon as practicable after the Commission has
authorized the construction of the repository.
Passed the Senate February 10, 2000.
Attest:
Secretary.
106th CONGRESS
2d Session
S. 1287
_______________________________________________________________________
AN ACT
To provide for the storage of spent nuclear fuel pending completion of
the nuclear waste repository, and for other purposes.
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