[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 608 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 608
To amend the Nuclear Waste Policy Act of 1982.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 15, 1999
Mr. Murkowski (for himself, Mr. Craig, Mr. Grams, and Mr. Crapo)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
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,
SECTION 1. AMENDMENT TO NUCLEAR WASTE POLICY ACT OF 1982.
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 1999'.
``(b) Table of Contents.--
``Sec. 1. Short title and table of contents.
``Sec. 2. Definitions.
``Sec. 3. Findings and Purposes.
``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. Compliance with the National Environmental Policy Act.
``Sec. 207. Land withdrawal.
``Sec. 208. Applicability.
``TITLE III--LOCAL RELATIONS
``Sec. 303. Financial assistance.
``Sec. 302. Onsite representative.
``Sec. 303. Benefits agreements.
``Sec. 304. Contents of agreements.
``Sec. 305. Acceptance of benefits.
``Sec. 306. Restriction on use of funds.
``Sec. 307. Initial land conveyances.
``Sec. 308. Payments equal to taxes.
``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. Water rights.
``Sec. 503. Judicial review of agency actions.
``Sec. 504. Licensing of facility expansions and transshipments.
``Sec. 505. Siting a second repository.
``Sec. 506. Financial arrangements for low-level radioactive waste site
closure.
``Sec. 507. Nuclear Regulatory Commission training authorization.
``Sec. 508. Acceptance schedule.
``Sec. 509. Subseabed or ocean water disposal.
``Sec. 510. Transfer of Title.
``Sec. 511. Separability.
``Sec. 512. Purchase of American-made equipment and products.
``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. 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) Acceptance schedule.--The term `acceptance schedule'
means the schedule established in section 508 for acceptance of
spent nuclear fuel and high-level radioactive waste.
``(3) Affected indian tribe.--The term `affected Indian
tribe' means an Indian tribe whose reservation is surrounded by
or borders on an affected unit of local government, or whose
federally defined possessory or usage rights to other lands
outside of the border of the Indian tribe's reservation arising
out of congressionally ratified treaties may be affected by the
locating of an interim storage facility or repository, if the
Secretary finds, upon petition of the appropriate government
officials of the Indian tribe, that such affects are both
substantial and adverse to the Indian tribe.
``(4) 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.
``(5) 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.
``(H) Nuclear nonproliferation.
``(6) Civilian nuclear power reactor.--The term `civilian
nuclear power reactor' means a civilian nuclear power plant
required to be licensed under section 103 or 104b. of the
Atomic Energy Act of 1954 (42 U.S.C. 2133, 2134(b)).
``(7) Commission.--The term `Commission' means the Nuclear
Regulatory Commission.
``(8) Contracts.--The term `contracts' means the contracts,
executed prior to the date of enactment of the Nuclear Waste
Policy Act of 1999, 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.
``(9) Contract holders.--The term `contract holders' means
parties (other than the Secretary) to contracts.
``(10) Department.--The term `Department' means the
Department of Energy.
``(11) 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.
``(12) 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.
``(13) Engineered barriers.--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 in the United States 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;
``(B) the highly radioactive material resulting
from atomic energy defense activities; and
``(C) any 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
water, 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.
``(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 and mtu.--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. The value of `metric tons uranium' or
`MTU' for high-level waste forms is defined to be one-sixth of
one MTU per high-level waste canister.
``(22) Nuclear waste fund.--The term `Nuclear Waste Fund'
means 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) Package.--The term `package' means the primary
container that holds, and is in direct contact with, solidified
high-level radioactive waste, spent nuclear fuel, or other
radioactive materials and any overpack that are emplaced at a
repository.
``(25) 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.
``(26) Repository.--The term `repository' means a system
designed and constructed under title II of this Act for the
permanent 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.
``(27) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(28) Site characterization.--The term `site
characterization' means activities, whether in a laboratory or
in the field, undertaken to establish a 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 candidate site for the
location of repository, but not including preliminary borings
and geophysical testing needed to assess whether site
characterization should be undertaken.
``(29) 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.
``(30) 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.
``(31) Withdrawal.--The term `withdrawal' has the same
definition as that set forth in the Federal Land Policy and
Management Act (43 U.S.C. 1702 et seq.).
``(32) 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
repository.
``(33) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``SEC. 3. FINDINGS AND PURPOSES.
``(a) Findings.--The Congress finds that--
``(1) while spent nuclear fuel can be safely stored at
reactor sites, the expeditious movement to and storage of such
spent nuclear fuel at a centralized Federal facility will
enhance the Nation's environmental protection;
``(2) while the Federal Government has the responsibility
to provide for the centralized interim storage and permanent
disposal of spent nuclear fuel and high-level radioactive waste
to protect the public health and safety and the environment,
the costs of such storage and disposal should be the
responsibility of the generators and owners of such waste and
fuel, including the Federal Government;
``(3) in the interests of protecting the public health and
safety, enhancing the Nation's environmental protection,
promoting the Nation's energy security, and ensuring the
Secretary's ability to commence acceptance of spent nuclear
fuel and high-level radioactive waste no later than June 30,
2003, it is necessary for Congress to authorize the interim storage
facility;
``(4) deficit-control measures designed to limit
appropriation of general revenues have limited the availability
of the Nuclear Waste Fund for its intended purposes; and
``(5) the Federal Government has the responsibility to
provide for the permanent disposal of waste generated from
United States atomic energy defense activities.
``(b) Purposes.--The purposes of this Act are--
``(1) to direct the Secretary to develop an integrated
management system in accordance with this Act so that the
Department can accept spent nuclear fuel and high-level
radioactive waste for interim storage commencing no later than
June 30, 2003, and for permanent disposal at a repository
commencing no later than January 17, 2010;
``(2) to provide for the siting, construction, and
operation of a repository for permanent geologic disposal of
spent nuclear fuel and high-level radioactive waste in order to
adequately protect the public and the environment;
``(3) to take those actions necessary to ensure that the
consumers of nuclear energy, who are funding the Secretary's
activities under this Act, receive the services to which they
are entitled and realize the benefits of enhanced protection of
public health and safety, and of the environment, that will
ensue from the Secretary's compliance with the obligations
imposed by this Act; and
``(4) to provide a schedule and process for the expeditious
and safe development and commencement of operation of an
integrated management system to ensure that the Secretary can
commence acceptance of spent nuclear fuel and high-level
radioactive waste no later than June 30, 2003.
``TITLE I--OBLIGATIONS
``SEC. 101. OBLIGATIONS OF THE SECRETARY OF ENERGY.
``(a) Disposal.--The Secretary shall develop and operate a
repository for the permanent geologic disposal of spent nuclear fuel
and high-level radioactive waste.
``(b) Acceptance.--The Secretary shall accept spent nuclear fuel
and high-level radioactive waste for storage at the interim storage
facility pursuant to section 204 in accordance with the acceptance
schedule, beginning not later than June 30, 2003.
``(c) Transportation.--The Secretary shall provide for the
transportation of spent nuclear fuel and high-level radioactive waste
accepted by the Secretary.
``(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 the Nuclear Waste Policy Act
of 1999 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 the Nuclear
Waste Policy Act of 1999 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 the Nuclear
Waste Policy Act of 1999.
``TITLE II--INTEGRATED MANAGEMENT SYSTEM
``SEC. 201. INTERMODAL TRANSFER.
``(a) Transportation.--The Secretary shall utilize 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. If direct rail access becomes available to the interim storage
facility site, the Secretary may use rail transportation to meet the
requirements of this title.
``(b) Capability Date.--The Secretary shall develop the capability
to commence rail to truck intermodal transfer at Caliente, Nevada, no
later than June 30, 2003.
``(c) Acquisitions.--The Secretary shall acquire land 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 rights-of-way as required to facilitate replacement of land
and city wastewater disposal activities necessary to commence
intermodal transfer pursuant to this Act. Replacement of land and city
wastewater disposal activities shall occur no later than June 30, 2003.
``(e) Notice and Map.--Within 6 months of the date of enactment of
this Act, 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 section; 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 in legal descriptions and make minor
adjustments in the boundaries.
``(f) Improvements.--The Secretary shall make improvements to
existing roadways selected for 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) Heavy Haul Transportation Route.--
``(1) Designation of route.--The route for the heavy haul
truck transport of spent nuclear fuel and high-level
radioactive waste shall be as designated in the map dated July
21, 1997 (referred to as `Heavy Haul Route') and on file with
the Secretary.
``(2) Truck transportation.--The Secretary, in consultation
with the State of Nevada and appropriate counties and local
jurisdictions, shall establish reasonable terms and conditions
pursuant to which the Secretary may utilize heavy haul truck
transport to move spent nuclear fuel and high-level radioactive
waste from Caliente, Nevada, to the interim storage facility
site.
``(3) Improvements and maintenance.--Notwithstanding any
other law--
``(A) the Secretary shall be responsible for any
incremental costs related to improving or upgrading
Federal, State, and local roads within the heavy haul
transportation route utilized, and performing any
maintenance activities on such roads, as necessary, to
facilitate year-round safe transport of spent nuclear
fuel and high-level radioactive waste; and
``(B) any such improvement, upgrading, or
maintenance activity shall be funded solely by
appropriations made pursuant to sections 401 and 403 of
this Act.
``(h) 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.
``SEC. 202. TRANSPORTATION PLANNING.
``(a) Transportation Readiness.--The Secretary--
``(1) shall take such actions as are necessary and
appropriate to ensure that the Secretary is able to transport
safely spent nuclear fuel and high-level radioactive waste from
Department of Energy sites and the sites designated by the
contract holders to mainline transportation facilities and from
the mainline transportation facilities to the interim storage
facility or repository, using routes that minimize, to the
maximum practicable extent and consistent with Federal
requirements governing transportation of hazardous materials,
transportation of spent nuclear fuel and high-level radioactive
waste through populated areas; and
``(2) as soon as is practicable following the enactment of
this Act, the Secretary shall, in consultation with the
Secretary of Transportation and affected States and tribes, and
after an opportunity for public comment, develop and implement
a comprehensive management plan that ensures safe
transportation of spent nuclear fuel and high-level radioactive
waste from Department of Energy sites and the sites designated
by the contract holders to the interim storage facility site.
``(b) Transportation Planning.--
``(1) In general.--In conjunction with the development of
the comprehensive management 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 June 30, 2003. 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, public education regarding
transportation of spent nuclear fuel and high-level radioactive
waste, and transportation tracking programs.
``(c) Shipping Campaign Transportation Plans.--
``(1) In general.--The Secretary shall develop a
transportation plan for the implementation of each shipping
campaign (as that term is defined by the Secretary) from each
site at which spent nuclear fuel or high-level nuclear waste is
stored, consistent with the principles and procedures stated in
Department of Energy Order No. 460.2 and the Program Manager's
Guide.
``(2) Requirements.--A shipping campaign transportation
plan shall--
``(A) be fully integrated with State and tribal
government notification, inspection, and emergency
response plans along the preferred shipping route or
State-designated alternative route identified under
subsection (d) (unless the Secretary certifies in the
plan that the State or tribal government has failed to
cooperate in fully integrating the shipping campaign
transportation plan with the applicable State or tribal
government plans); and
``(B) be consistent with the principles and
procedures developed for the safest transportation of
transuranic waste to the Waste Isolation Pilot Plant
(unless the Secretary certifies in the plan that a
specific principle or procedure is inconsistent with a
provision of this Act).
``(d) Safe Shipping Routes and Modes.--
``(1) In general.--The Secretary shall evaluate the
relative safety of the proposed shipping routes and shipping
modes from each shipping origin to the interim storage facility
or repository compared with the safety of alternative modes and
routes.
``(2) Considerations.--The evaluation under paragraph (1)
shall be conducted in a manner consistent with regulations
promulgated by the Secretary of Transportation under authority
of chapter 51 of title 49, United States Code, and the Nuclear
Regulatory Commission under authority of the Atomic Energy Act
of 1954 (42 U.S.C. 2011 et seq.), as applicable.
``(3) Designation of preferred shipping route and mode.--
Following the evaluation under paragraph (1), the Secretary
shall designate preferred shipping routes and modes from each
civilian nuclear power reactor and Department of Energy
facility that stores spent nuclear fuel or other high-level
defense waste.
``(4) Selection of primary shipping route.--If the
Secretary designates more than 1 preferred route under
paragraph (3), the Secretary shall select a primary route after
considering, at a minimum, historical accident rates,
population, significant hazards, shipping time, shipping
distance, and mitigating measures such as limits on the speed
of shipments.
``(5) Use of primary shipping route and mode.--Except in
cases of emergency, for all shipments conducted under this Act,
the Secretary shall cause the primary shipping route and mode
or State-designated alternative route under chapter 51 of title
49, United States Code, to be used. If a route is designated as
a primary route for any reactor or Department of Energy
facility, the Secretary may use that route to transport spent
nuclear fuel or high-level radioactive waste from any other
reactor or Department of Energy facility.
``(6) Training and technical assistance.--Following
selection of the primary shipping routes, or State-designated
alternative routes, the Secretary shall focus training and
technical assistance under section 203(c) on those routes.
``(7) Preferred rail routes.--
``(A) Regulation.--Not later than 1 year after the
date of enactment of the Nuclear Waste Policy Act of
1999, the Secretary of Transportation, pursuant to
authority under other provisions of law, shall
promulgate a regulation establishing procedures for the
selection of preferred routes for the transportation of
spent nuclear fuel and nuclear waste by rail.
``(B) Interim provision.--During the period
beginning on the date of enactment of the Nuclear Waste
Policy Act of 1999 and ending on the date of issuance
of a final regulation under subparagraph (A), rail
transportation of spent nuclear fuel and high-level
radioactive waste shall be conducted in accordance with
regulatory requirements in effect on that date and with
this section.
``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 tribal
governments prior to transportation of spent nuclear fuel or high-level
radioactive waste under this Act.
``(c) Technical Assistance.--
``(1) In general.--
``(A) States and indain 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 of 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, 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 public safety
officers 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 will be no shipments 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) 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 nuclear 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 due to--
``(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 Act of 1999.
``(3) Grants.--
``(A) In general.--To implement this section,
grants shall be made under section 401(d).
``(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 a shipment 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 an interim
storage facility or repository, regardless of whether the
interim storage facility or 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.
``(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 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.
``(e) 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.
``(f) Compliance With Transportation Regulations.--Any person that
transports spent nuclear fuel or high-level radioactive waste under the
Nuclear Waste Policy Act of 1999, 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.
``(g) 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).
``(h) Training Standard.--
``(1) No later than 12 months after the date of enactment
of the Nuclear Waste Policy Act of 1999, 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 use their Memorandum of Understanding to ensure
coordination of worker training standards and to avoid duplicative
regulation.
``(3) Training standards content.--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--
``(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.
The Secretary of Transportation may specify an appropriate
combination of knowledge, skills, and prior training to fulfill
the minimum number of hours requirements of subparagraphs (A)
and (B).
``(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.
``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 (42 U.S.C. 2011 et seq.) in accordance with
the Commission's regulations governing the licensing of independent
spent fuel storage installations and shall commence operation by June
30, 2003. The Commission's regulations shall be amended by the
Commission as necessary to implement the provisions of this Act. The
Commission may amend part 72 of title 10, Code of Federal Regulations
with regard to facilities not covered by this Act as deemed appropriate
by the Commission.
``(b) Design.--The design for the interim storage facility shall
provide for the use of storage technologies which are licensed,
approved, or certified by the Commission, 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.
``(c) License Application.--No later than 12 months after the date
of enactment of this Act, the Secretary shall submit a license
application and an environmental report in accordance with applicable
regulations (subpart B of part 72 of title 10, Code of Federal
Regulations, and subpart A of part 51 of title 10, Code of Federal
Regulations, respectively). The license application--
``(1) shall be for a term of 40 years, and shall be
renewable for additional terms upon application of the
Secretary; and
``(2) shall be for a quantity of spent nuclear fuel or
high-level radioactive waste equal to the quantity that would
be accepted under section 508 prior to the date that the
Secretary estimates, in the license application, to be the date
on which the Secretary will receive and store spent nuclear
fuel and high-level radioactive waste at the permanent
repository: Provided, That the quantity shall not exceed 30,000
MTU.
``(d) Additional Authority.--
``(1) Construction.--For the purpose of complying with
subsection (a), the Secretary may commence site data
acquisition activities and design activities necessary to
complete license application under subsection (c) of this
section. The Secretary shall not commence construction of an
interim storage facility (which shall mean taking actions
within the meaning of the term `commencement of construction'
contained in the Commission's regulations in section 72.3 of
title 10, Code of Federal Regulations) before the Commission,
or an appropriate officer or Board of the Commission, makes the
finding under section 72.40(b) of title 10, Code of Federal
Regulations.
``(2) Facility use.--Notwithstanding any other applicable
licensing requirement, the Secretary may utilize facilities
owned by the Federal Government on the date of enactment of the
Nuclear Waste Policy Act of 1999 and located within the
boundaries of the interim storage site, in connection with
addressing any imminent and substantial endangerment to public
health and safety at the interim storage facility site, prior
to receiving a license from the Commission for the interim
storage facility, for purposes of fulfilling requirements for
retrievability during the first five years of operation of the
interim storage facility.
``(e) License Amendments.--
``(1) The Secretary may seek such amendments to the license
for the interim storage facility as the Secretary may deem
appropriate, including, but not limited to, amendments to use
new storage technologies licensed by the Commission or to
respond to changes in Commission regulations.
``(2) After the Commission issues a license to dispose of
spent nuclear fuel and high-level radioactive waste in the
permanent repository, the Secretary may seek such amendments to
the license for the interim storage facility as are necessary
to ensure the efficient operation of the integrated management
system.
``(f) Environmental Impact Statement.--
``(1) Final decision.--A final decision of the Commission
to grant or deny a license application for 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)) the
Commission's regulations, and section 207 of this Act. In
preparing such Environmental Impact Statement, the Commission--
``(A) shall assume that no more than 30,000 MTU
will be stored at the facility; and
``(B) 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.
``(g) 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.).
``(h) Savings Clause.--Nothing in this Act shall affect the
Commission's procedures for the licensing of any technology for the dry
storage of spent nuclear fuel at the site of any civilian nuclear power
reactor as adopted by the Commission under section 218 of the Nuclear
Waste Policy Act of 1982, as in effect prior to the date of the
enactment of this Act. The establishment of such procedures shall not
preclude the licensing, under any applicable procedures or rules of the
Commission in effect prior to such establishment, of any technology for
the storage of civilian spent nuclear fuel at the site of any civilian
nuclear power reactor.
``(i) Final Decision.--The Commission shall issue a final decision
granting or denying a license for an interim storage facility not later
than 32 months after the date of submittal of the application for such
license.
``(j) Amendments to Regulation.--No later than 32 months following
the date of enactment of the Nuclear Waste Policy Act of 1999, the
Commission shall make any amendments necessary to the definition of
`spent nuclear fuel' in section 72.3 of title 10, Code of Federal
Regulations, to allow an interim storage facility to accept (subject to
such conditions as the Commission may require in a subsequent
license)--
``(1) spent nuclear fuel and associated nuclear materials
from research reactors;
``(2) spent nuclear fuel from naval reactors; and
``(3) spent nuclear fuel and associated nuclear materials
and high-level radioactive waste from atomic energy defense
activities. Following any such amendments, the Secretary shall
seek authority, as necessary, to store such fuel and waste at
the interim storage facility.
None of the activities carried out pursuant to this paragraph shall
delay, or otherwise affect, the development, licensing, construction,
or operation of the interim storage facility.
``SEC. 205. PERMANENT DISPOSAL.
``(a) Repository Characterization.--
``(1) Characterization of the yucca mountain site.--The
Secretary shall carry out site characterization activities at
the Yucca Mountain site in accordance with the Secretary's
program approach to site characterization. Such activities
shall be limited to only those activities which the Secretary
considers necessary to provide the data required for evaluation
of the suitability of such site for an application to be
submitted to the Commission for a construction authorization
for a repository at such site, and for compliance with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), consistent with this Act.
``(2) Guidelines.--The Secretary shall amend 10 C.F.R. Part
960 to base any conclusions regarding site suitability, to the
extent practicable, on an assessment of total system
performance of the repository.
``(b) Environmental Impact Statements.--
``(1) Construction and operation.--With respect to the
Secretary's decision to file for a license application under
subsection (c), only the 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 prepare an
environmental impact statement on only the construction and
operation of the repository and shall submit such statement to
the Commission with the license application with the license
application to be filed under subsection (c).
``(2) Closure.--With respect to the Secretary's decision to
file for license amendment under subsection (d), the closure 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 prepare an
environmental impact statement on the closure of the repository
and shall submit such statement to the Commission with the
license application to be filed under subsection (d).
``(c) License Application.--
``(1) Schedule.--No later than October 31, 2001, the
Secretary shall apply to the Commission for authorization to
construct a repository at the Yucca Mountain site.
``(2) Maximizing capacity.--In developing an application
for authorization to construct the repository, the Secretary
shall seek to maximize the capacity of the repository.
``(3) Decision not to apply for a license for the yucca
mountain site.--If, at any time prior to October 31, 2001, 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.
``(d) Licensing.--Within one year of the date of enactment of this
Act, 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) with adequate protection of 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) with adequate protection of 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) with adequate protection of 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 risk of the repository beyond
the standard established in subsection (f)(1).
``(5) Application of health and safety standards.--The
licensing determination of the Commission with respect to risk
to the health and safety of the public under paragraphs (1),
(2), or (3) of this subsection shall be based solely on a
finding whether the repository can be operated in conformance
with the overall performance standard in subsection (f)(1) of
this section, applied in accordance with the provisions of
subsection (f)(2) of this section and the standards established
by the Administrator under section 801 of the Energy Policy Act
of 1992 (42 U.S.C. 10141 note).
``(e) Modification of the Commission's Repository Licensing
Regulations.--The Commission shall amend its regulations governing the
disposal of spent nuclear fuel and high-level radioactive waste (10 CFR
part 60), as necessary, to be consistent with the provisions of this
Act. The Commission's regulations shall provide for the modification of
the repository licensing procedure in subsection (d) of this section,
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.
``(f) Repository Licensing Standards and Additional Procedures.--In
complying with the requirements of section 801 of the Energy Policy Act
of 1992 (42 U.S.C. 10141 note), the Administrator shall achieve
consistency with the findings and recommendations of the National
Academy of Sciences, and the Commission shall amend its regulations
with respect to licensing standards for the repository, as follows:
``(1) Establishment of overall system performance
standard.--
``(A) Risk standard.--The standard for protection
of the public from releases of radioactive material or
radioactivity from the repository shall limit the
lifetime risk, to the average member of the critical
group, of premature death from cancer due to such
releases to approximately, but not greater than, 1 in
1000. The comparison to this standard shall use the
upper bound of the 95-percent confidence interval for
the expected value of lifetime risk to the average
member of the critical group.
``(B) Form of standard.--The standard promulgated
by the Administrator under section 801 of the Energy
Policy Act of 1992 (42 U.S.C. 10141 note) shall be an
overall system performance standard. The Administrator
shall not promulgate a standard for the repository in
the form of release limits or contaminant levels for
individual radionuclides discharged from the
repository.
``(C) Assumptions used in formulating and applying
the standard.--In promulgating the standard under
section 801 of the Energy Policy Act of 1992 (42 U.S.C.
10141 note), the Administrator shall consult with the
Secretary of Energy and the Commission. The Commission,
after consultation with the Secretary, shall specify,
by rule, values for all the assumptions considered
necessary by the Commission to apply the standard in a
licensing proceeding for the repository before the
Commission, including the reference biosphere and size
and characteristics of the critical group.
``(D) Definition.--As used in this subsection, the
term `critical group' means a small group of people
that is--
``(i) representative of individuals
expected to be at highest risk of premature
death from cancer as a result of discharges of
radionuclides from the permanent repository;
``(ii) relatively homogeneous with respect
to expected radiation dose, which shall mean
that there shall be no more than a factor of
ten in variation in individual dose among
members of the group; and
``(iii) selected using reasonable
assumptions--concerning lifestyle, occupation,
diet and eating and drinking habits,
technological sophistication, or other relevant
social and behavior factors--that are based on
reasonably available information, when the
group is defined, on current inhabitants and
conditions in the area of 50-mile radius
surrounding Yucca Mountain contained within a
line drawn 50 miles beyond each of the
boundaries of the Yucca Mountain site.
``(2) Application of overall system performance standard.--
The Commission shall issue the construction authorization,
license, or license amendment, as applicable, if it finds
reasonable assurance that for the first 10,000 years following
the closure of the repository, 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 establishing the overall
system performance standard in paragraph (1) and making the
finding in paragraph (2)--
``(A) the Administrator and the Commission shall
not consider climate regimes that are substantially
different from those that have occurred during the
previous 100,000 years at the Yucca Mountain site;
``(B) the Administrator and the Commission shall
not consider catastrophic events where the health
consequences of individual events themselves to the
critical group can be reasonably assumed to exceed the
health consequences due to impact of the events on
repository performance; and
``(C) the Administrator and the Commission shall
not base the standard in paragraph (1) or the finding
in paragraph (2) on scenarios involving human intrusion
into the repository following repository closure.
``(4) Review.--
``(A) Any standard promulgated by the Administrator
under section 801 of the Energy Policy Act of 1992 (42
U.S.C. 10141 note) shall be deemed a major rule within
the meaning of section 804(2) of title 5, United States
Code, and shall be subject to the requirements and
procedures pertaining to a major rule in chapter 8 of
such title.
``(B) The effective date of the construction
authorization for the repository shall be 90 days after
the issuance of such authorization by the Commission,
unless Congress is standing in adjournment for a period
of more than one week on the date of issuance, in which
case the effective date shall be 90 days after the date
on which Congress is expected to reconvene after such
adjournment.
``(5) Report to congress.--At the time that the Commission
issues a construction authorization for the repository, the
Commission shall submit a report to Congress--
``(A) analyzing the overall system performance of
the repository through the use of probabilistic
evaluations that use best estimate assumptions, data,
and methods for the period commencing after the first
10,000 years after repository closure and including the
time after repository closure of maximum risk to the
critical group of premature death from cancer due to
repository releases;
``(B) analyzing the consequences of a single
instance of human intrusion into the repository, during
the first 1,000 years after repository closure, on the
ability of the repository to perform its intended
function.
``(g) Additional Actions by the Commission.--The Commission shall
take final action on the Secretary's application for construction
authorization for the repository no later than 40 months after
submission of the application.
``SEC. 207. COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT.
``(a) Preliminary Activities.--Each activity of the Secretary or
the President under sections 201, 202, 203, 204(b), 204(c), 204(d), and
205(a) shall be considered a preliminary decision making activity. No
such activity shall be considered final agency action for purposes of
judicial review. No activity of the Secretary or the President under
sections 203, 204, or 205 shall require the preparation of 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 section 102(2) of
such Act (42 U.S.C. 4332(2)(E) or (F)).
``(b) Standards and Criteria.--The promulgation of standards or
criteria in accordance with the provisions of this title, or under
section 801 of the Energy Policy Act of 1992 (42 U.S.C. 10141 note),
shall not require the preparation of an environmental impact statement
under section 102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(2)) or any environmental review under
subparagraph (E) or (F) of section 102(2) of such Act (42 U.S.C.
4332(2)(E) or (F)).
``(c) Requirements Relating to Environmental Impact Statements.--
``(1) With respect to the requirements imposed by the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.)--
``(A) in any final environmental impact statement
under section 204 or 205, the Secretary or the
Commission, as applicable, shall not be required to
consider the need for a repository or an interim
storage facility; the time of initial availability of a
repository or interim storage facility; the
alternatives to geological disposal or centralized
interim storage; or alternative sites to the Yucca
Mountain site or the interim storage facility site
designated under section 204(a); and
``(B) compliance with the procedures and
requirements of this title shall be deemed adequate
consideration of the need for centralized interim
storage or a repository; the time of initial
availability of centralized interim storage or the
repository or centralized interim storage; and all
alternatives to centralized interim storage and
permanent isolation of high-level radioactive waste and
spent nuclear fuel in an interim storage facility or a
repository, respectively.
``(2) The final environmental impact statement for the
repository prepared by the Secretary and submitted with the
license application for a repository under section 206(c)
shall, to the extent practicable, be adopted by the Commission
in connection with the issuance by the Commission of a
construction authorization and license for such repository. To
the extent such statement is adopted by the Commission, such
adoption shall be deemed to 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 (42 U.S.C. 2011
et seq.).
``(d) Construction With Other Laws.--Nothing in this Act shall be
construed to amend or otherwise detract from the licensing requirements
of the Nuclear Regulatory Commission established in title II of the
Energy Reorganization Act of 1974 (42 U.S.C. 5841 et seq.).
``(e) Judicial Review.--Judicial review under section 503 of this
Act of any environmental impact statement prepared or adopted by the
Commission shall be consolidated with the judicial review of the
licensing decision to which it relates. 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. 207. 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
July 28, 1995, 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 28,
1995, 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
enactment of this Act, 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.
``SEC. 208. APPLICABILITY.
``Nothing in this Act shall affect the application of chapter 51 of
title 49, United States Code; part A of subtitle V of title 49, United
States Code; part B of subtitle VI of title 49, United States Code; and
title 23, United States Code.
``TITLE III--LOCAL RELATIONS
``SEC. 301. ONSITE REPRESENTATIVE.
``The Secretary shall offer to Nye County, Nevada, an opportunity
to designate a representative to conduct on-site oversight activities
at the Yucca Mountain site. Reasonable expenses of such representatives
shall be paid by the Secretary.
``SEC. 302. 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 occurred within such affected unit of local
government.
``(2) 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. 303. BENEFITS AGREEMENTS.
``(a) In General.--
``(1) Separate agreements.--The Secretary shall offer to
enter into separate agreements with Nye County, Nevada, 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 Nye County, Nevada, and
Lincoln County, Nevada.
``(b) Amendment.--An agreement entered into under subsection (a)
may be amended only with the mutual consent of the parties to the
amendment and terminated only in accordance with subsection (c).
``(c) Termination.--The Secretary shall terminate an agreement
under subsection (a) if any element of the integrated management system
may not be completed.
``(d) Limitation.--Only 1 agreement each for Nye County, Nevada,
and Lincoln County, Nevada, may be in effect at any one time.
``(e) Judicial Review.--Decisions of the Secretary under this
section are not subject to judicial review.
``SEC. 304. CONTENT OF AGREEMENTS.
``(a) In General.--
``(1) Schedule.--The Secretary, subject to appropriations,
shall make payments to the party of a benefits agreement under
section 303(a) in accordance with the following schedule:
``(A) Annual payments prior to first receipt of
fuel, $2.5 million;
``(B) Upon first spent fuel receipt, $5 million;
and
``(C) Annual payments after first spent fuel
receipt until closure of facility, $5 million.
``(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 receipt under line (A) of the benefit schedule 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 line (C) of the benefit schedule shall be
made on the anniversary date of such first spent fuel receipt.
``(4) Reduction.--If the first spent fuel payment under
line (B) is made within 6 months after the last annual payment
prior to the receipt of spent fuel under line (A) of the
benefit schedule, such first spent fuel payment under line (B)
of the benefit schedule shall be reduced by an amount equal to
\1/12\ of such annual payment under line (A) of the benefit
schedule for each full month less than 6 that has not elapsed
since the last annual payment under line (A) of the benefit
schedule.
``(b) Contents.--A benefits agreement under section 303 shall
provide that--
``(1) the parties to the agreement shall share with one
another information relevant to the licensing process for the
interim storage facility or repository, as it becomes
available; and
``(2) the affected unit of local government that is party
to such agreement may comment on the development of the
integrated management system and on documents required under
law or regulations governing the effects of the system on the
public health and safety.
``(c) Construction.--The signature of the Secretary on a valid
benefits agreement under section 303 shall constitute a commitment by
the United States to make payments in accordance with such agreement.
``SEC. 305. ACCEPTANCE OF BENEFITS.
``(a) Consent.--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 denied,
either under the Constitution of the State of Nevada or any law
thereof, to the siting of the 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 of Nevada, to oppose the siting in Nevada of the
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 the State of Nevada, its Governor, any official
thereof, or any official of any government unit thereof, premised
solely upon the acceptance or use of benefits under this title.
``SEC. 306. RESTRICTION 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 manner 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; or
``(3) to support multistate efforts or other coalition-
building activities inconsistent with the purposes of this Act.
``SEC. 307. INITIAL LAND CONVEYANCES.
``(a) Conveyances of Public Lands.--One hundred and twenty days
after October 1, 2000, 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 October 11, 1995, 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; and
``Map 9: Gabbs Landfill Site.
``(2) To the County of Lincoln, Nevada, the following
public lands depicted on the maps dated October 11, 1995, 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; and
``Map 6: Lincoln County, Parcels E and L, Mixed
Use, Airport and Industrial Expansion Sites.
``(3) To the City of Caliente, Nevada, the following public
lands depicted on the maps dated October 11, 1995, 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; and
``Map 2: City of Caliente, parcel M, Industrial
Park Site, jointly with Lincoln County.
``(4) To the City of Caliente, Nevada, the following public
lands depicted on the maps dated March 15, 1999, and on file
with the Secretary:
``Map 1: City of Caliente, Industrial Park Site
Expansion.
``(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 Lincoln, Nevada, the Secretary of the Interior shall provide
evidence of title transfer.
``SEC. 308. PAYMENTS EQUAL TO TAXES.
``(a) Taxable Amounts.--In addition to financial assistance
provided under this title, 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.
``(b) Assistance to Indian Tribes and Units of Local Government.--
``(1) Period.--Any affected Indian tribe or affected unit
of local government may not receive any grant under subsection
(a) 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.
``(2) 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.
``TITLE IV--FUNDING AND ORGANIZATION
``SEC. 401. PROGRAM FUNDING.
``(a) Contracts.--
``(1) Authority of the 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 fees to the Secretary in the amounts set
under paragraphs (2), (3), and (4). Subsequent to the enactment
of the Nuclear Waste Policy Act of 1999, 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) Nuclear waste offsetting collection.--
``(A) For electricity generated by civilian nuclear
power reactors and sold, the Secretary shall collect an
aggregate amount of fees under this paragraph equal to
the annual level of appropriations for expenditures on
those activities, consistent with subsection (d), for
each fiscal year beginning October 1, 2000, minus--
``(i) the appropriation provided pursuant
to section 403; and
``(ii) the amount of the appropriation from
the Nuclear Waste Fund, as authorized pursuant
to paragraph (3)(B).
``(B) 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 for the period commencing with fiscal year
2001 and continuing through the fiscal year in which
disposal at the repository commences--
``(I) the total average annual amount of
offsetting collection fees combined with the
nuclear waste mandatory fee collected pursuant
to paragraph (3), shall not exceed 1.0 mill
per-kilowatt hour generated and sold; and
``(II) the total amount of offsetting
collection fees combined with the nuclear waste
mandatory fee collected pursuant to paragraph
(3) in any fiscal year in such period shall not
exceed 1.5 mill per kilowatt hour generated and
sold:
Provided, That the cap on fees established under this
subparagraph shall not otherwise result in a reduction
to the level of the nuclear waste mandatory
fee established pursuant to paragraph (3). Fees assessed pursuant to
this subparagraph 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.
``(3) Nuclear waste mandatory fee.--
``(A) Except as provided in paragraph (5)(B) of
this paragraph, for electricity generated by civilian
nuclear power reactors and sold on or after January 7,
1983, the fee paid to the Secretary under this
paragraph shall be equal to--
``(i) 1.0 mill per kilowatt-hour generated
and sold for the fiscal year beginning October
1, 1999;
``(ii) 0.54 mill per kilowatt-hour
generated and sold for each fiscal year
beginning October 1, 2000 and ending on
September 30, 2004;
``(iii) 0.41 mill per kilowatt-hour
generated and sold for each fiscal year
beginning October 1, 2004 and ending September
30, 2009; and,
``(iv) zero mill per kilowatt-hour
generated and sold for each fiscal year after
September 30, 2009, unless the Secretary makes
a determination pursuant to paragraph (5)(C),
which is adopted pursuant to paragraph (7).
``(B) There is authorized to be appropriated from
the Nuclear Waste Fund, for each fiscal year beginning
October 1, 1999, amounts equal to the amounts
determined in subparagraph (A), as well as such sums as
may be necessary from the balances in the Nuclear Waste
Fund.
``(4) Cap on paragraph (2) and (3) fees.--The total annual
amount of offsetting collection fees collected pursuant to
paragraph (2) and the nuclear waste mandatory fee collected
pursuant to paragraph (3) shall not exceed 1.0 mill per-
kilowatt hour generated and sold.
``(5) Adjustments to the cap on fees.--
``(A) No later than 30 days after the beginning of
each fiscal year, the Secretary shall determine whether
insufficient or excess revenues are being collected
under this subsection, in order to recover the costs
incurred by the Federal Government under subsection
(d). In making this determination, the Secretary
shall--
``(i) rely on the `Analysis of the Total
System Life Cycle Cost of the Civilian
Radioactive Waste Management Program', dated
December 1998, or on a total system life-cycle
costs analysis published by the Secretary
(after notice and opportunity for public
comment) after the date of enactment of the
Nuclear Waste Policy Act of 1999, in making any
estimate of the costs to be incurred by the
Government under subsection (c)(2);
``(ii) rely on projections from the Energy
Information Administration, consistent with the
projections contained in the reference case in
the most recent `Annual Energy Outlook'
published by such Administration, in making any
estimate of future power generation; and
``(iii) take into account projected
balances in, and expenditures from the Nuclear
Waste Fund.
``(B) If the Secretary determines under
subparagraph (A) that either insufficient or excess
revenues are being collected, the Secretary shall, at
the time of the determination, transmit to Congress a
proposal to adjust the cap amount specified in
subsection (a)(2)(B) to ensure full cost recovery. The
amount in subsection (a)(2)(B) shall be adjusted, by
operation of law, immediately upon enactment of a joint
resolution of approval under paragraph (7) of this
subsection.
``(C) For any fiscal year after September 30, 2009,
the Secretary shall propose a nuclear waste mandatory
fee only if the Secretary determines that the
offsetting collection fee under subsection (a)(2) is
insufficient to recover the costs incurred by the
Government under subsection (d), minus the percentage
required to be funded by the Federal Government
pursuant to section 403.
``(D) The Secretary shall, by rule, establish
procedures necessary to implement this paragraph.
``(6) One-time fee.--
``(A) 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 1999 shall
satisfy the obligation imposed under this paragraph.
``(B) Any one-time fee paid and collected
subsequent to the date of enactment of the Nuclear
Waste Policy Act of 1999 pursuant to the contracts,
including any interest due pursuant to the contracts,
shall be paid to the Nuclear Waste Fund--
``(i) for civilian nuclear power reactors
owned by investor-owned and cooperatively-owned
utilities, an amount not less than one half the
one-time fee shall be paid no later than
September 30, 2004, and the remaining balance
shall be paid no later than September 30, 2009;
``(ii) for civilian nuclear power reactors
owned by publicly-owned utilities, the one time
fee shall be paid in four increments of one-
fourth each, in the fiscal years ending on
September 30, 2003, 2004, 2008 and 2009; and
``(iii) any unpaid amounts of the one-time
fee shall continue to accrue interest until the
time of payment, pursuant to the terms and
conditions established in contracts.
``(C) The Commission shall suspend the license of
any licensee who fails or refuses to pay the full
amount of the fees assessed under this subsection, on
or before the date on which fees are due, and the
license shall remain suspended until the full amount of
the fees assessed under this subsection is paid.
``(D) 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.
``(7) Expedited procedures for approval of changes to the
cap on nuclear waste fees.--
``(A) At any time after the Secretary transmits a
proposal for a fee adjustment under paragraph (5)(B) of
this subsection, a joint resolution may be introduced
in either House of Congress, the matter after the
resolving clause of which is as follows: `That Congress
approves the adjustment to the basis for the nuclear
waste mandatory fee, submitted by the Secretary on
____________'. (The blank space being appropriately
filled in with a date.)
``(B) A joint resolution described in subparagraph
(A) shall be referred to the committees in each House
of Congress with jurisdiction.
``(C) In the Senate, if the committee to which is
referred a joint resolution described in subparagraph
(A) has not reported such joint resolution (or an
identical joint resolution) at the end of 20 calendar
days after the date on which it is introduced, such
committee may be discharged from further consideration
of such joint resolution upon a petition supported in
writing by 30 Members of the Senate, and such joint
resolution shall be placed on the calendar.
``(D) In the Senate, the procedure under section
802(d) of title 5, United States Code, shall apply to a
joint resolution described under subparagraph (A).
``(8) Points of order.--Notwithstanding any other provision
of this Act, no points of order, which require 60 votes in
order to adopt a motion to waive such point of order, shall be
considered to be waived during the consideration of a joint
resolution under section 401 of this Act.
``(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 subsection (a).
``(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.--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 June 30, 1983, or 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.
``(4) Disposal condition.--No spent nuclear fuel or high-
level radioactive waste from research or atomic energy defense
activities may be stored or disposed of by the Secretary at the
interim storage facility or repository unless, in each fiscal
year, the Secretary funds the appropriate portion of the costs
of such storage and disposal as specified in subsection (a), as
well as an amount that will ensure that the unpaid balance of
the Federal contribution from prior years is fully paid no
later than the date of initial acceptance of spent nuclear fuel
and high-level radioactive waste at the repository.
``(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 this Act; and
``(B) all receipts, proceeds, and recoveries
realized under subsections (a)(3), (a)(6), and (c)(2)
subsequent to the date of enactment of the Nuclear
Waste Policy Act of 1999, which shall be deposited in
the Nuclear Waste Fund immediately upon their
realization.
``(2) 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 proceeding 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;
``(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 rates on such investments shall not
exceed the average interest rate applicable to
existing borrowings, and
``(iii) interest earned on these
obligations shall be credited to the Nuclear
Waste Fund.
``(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 11 of chapter 15 of
title 31, United States Code.
``(d) Use of Appropriated Funds.--During each fiscal year, the
Secretary may make expenditures of funds collected after the date of
enactment of this Act under this section and section 403, up to the
level of appropriations for that fiscal year pursuant to subsection (f)
and (g) only for purposes of the integrated management system.
``(e) Prohibition on Use of Appropriations and Nuclear Waste
Fund.--The Secretary shall not make expenditures of funds collected
pursuant to this section or section 403 to design or construct packages
for the transportation, storage, or disposal of spent nuclear fuel from
civilian nuclear power reactors. Nothing in this subsection shall be
construed to prohibit the Secretary from using funds collected pursuant
to this section or section 403 to procure from private suppliers any
package that has been certified by the Commission for the
transportation, storage or disposal of spent nuclear fuel, or to
reimburse the holder of a contract, under subsection (a) for the
reasonable costs of a certified package procured or developed by the
contract holder for use by the contract holder at his site.
``(f) 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 period up to the date of
initial acceptance of spent nuclear fuel or high-level radioactive
waste at the permanent repository, and shall be included in the budget
of the United States Government.
``(g) Appropriations.--The Secretary may make expenditures from the
Nuclear Waste Fund and the Nuclear Waste Offsetting Collection, subject
to appropriations, which shall remain available until expended.
``SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT.
``(a) Establishments.--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.
``(c) 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 date
of enactment of this Act.
``(3) 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.
``(4) Public documents.--All audit reports shall be public
documents and available to any individual upon request.
``SEC. 403. FEDERAL CONTRIBUTION.
``(a) Allocation.--No later than one year from the date of
enactment of the Nuclear Waste Policy Act of 1999, 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 research and 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 research and 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 the
development of an interim storage facility and repository; and
``(2) 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 research and atomic energy defense activities
and spent nuclear fuel from foreign research reactors, as established
under subsection (a), including amounts necessary to pay the unfunded
costs from prior years, with interest.
``(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 research and atomic energy defense 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 research
and atomic energy defense activities and spent nuclear fuel from
foreign research reactors, as established under subsection (a),
including amounts necessary to pay the unfunded costs from prior years,
with interest.
``TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS
``SEC. 501. COMPLIANCE WITH OTHER LAWS.
``(a) Conflicting Requirements.--Except as provided in subsection
(b) of this section, a requirement of a State, political subdivision of
a State, or Indian tribe is preempted if--
``(1) complying with a requirement of the State, political
subdivision, or tribe and a requirement of this Act or a
regulation prescribed under this Act is not possible; or
``(2) the requirement of the State, political subdivision,
or tribe, as applied or enforced, is an obstacle to
accomplishing and carrying out this Act or a regulation
prescribed under this Act.
``(b) Subjects Expressly Preempted.--Except as otherwise provided
in this Act, a law, regulation, order, or other requirement of a State,
political subdivision of a State, or Indian tribe about any of the
following subjects, that is not substantively the same as a provision
of this Act or a regulation prescribed under this Act, is preempted:
``(1) The designation, description, and classification of
spent fuel or high-level radioactive waste.
``(2) The packing, repacking, handling, labeling, marking,
and placarding of spent nuclear fuel or high-level radioactive
waste.
``(3) The siting, design, or licensing of--
``(A) an interim storage facility;
``(B) a repository;
``(C) the capability to conduct intermodal transfer
of spent nuclear fuel under section 201.
``(4) The withdrawal or transfer of the interim storage
facility site, the intermodal transfer site, or the repository
site to the Secretary of Energy.
``(5) The design, manufacturing, fabrication, marking,
maintenance, reconditioning, repairing, or testing of packaging
or a container represented, marked, certified, or sold as
qualified for use in transporting or storing spent nuclear fuel
or high-level radioactive waste.
``SEC. 502. 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.
``(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.
``SEC. 503. JUDICIAL REVIEW OF AGENCY ACTIONS.
``(a) Jurisdiction of 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 made
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.
``(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 the
party 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 of such decision, action, or failure
to act, such party may bring a civil action no later than 180 days
after the date such party acquired actual or constructive knowledge of
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. 504. 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 transshipments 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 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. 505. 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. 506. 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. 507. 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 powerplant operators,
supervisors, technicians, and other appropriate operating personnel.
Such regulations or guidance shall establish simulator training
requirements for applicants for civilian nuclear powerplant operator
licenses and for operator requalification programs; requirements
governing Commission administration of requalification examinations;
requirements for operating tests at civilian nuclear powerplant
simulators, and instructional requirements for civilian nuclear
powerplant licensee personnel training programs.
``SEC. 508. ACCEPTANCE SCHEDULE.
``The emplacement schedule shall be implemented in accordance with
the following:
``(1) Priority ranking.--Acceptance priority ranking shall
be determined by the Department's `Acceptance Priority Ranking'
report.
``(2) Acceptance rate.--Except as provided in paragraph
(5), the Secretary's acceptance rate for spent nuclear fuel
shall be no less than the following: 1,200 MTU in 2003 and
1,200 MTU in 2004, 2,000 MTU in 2005 and 2,000 MTU in 2006,
2,700 MTU in 2007, and 3,000 MTU annually thereafter.
``(3) Other acceptances.--Subject to the conditions
contained in the license for the interim storage facility, of
the amounts provided for in paragraph (2) for each year, not
less than one-sixth shall be--
``(A) 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 of 1999;
``(B) spent nuclear fuel from foreign research
reactors, as necessary to promote nonproliferation
activities; and
``(C) 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 ten percent of the total quantity of fuel and high-level
radioactive waste accepted in any year from the categories of
radioactive materials described in subparagraphs (B) and (C) in
paragraph (3). If sufficient amounts of radioactive materials
are not available to utilize this allocation, the Secretary
shall allocate this acceptance capacity to other contract
holders.
``(4) Adjustment.--If the Secretary is unable to begin
acceptance by June 30, 2003 at the rate specified in paragraph
(2) or if the cumulative amount accepted in any year thereafter
is less than that which would have been accepted under the rate
specified in paragraph (2), the acceptance schedule shall, to
the extent practicable, be adjusted upward such that within 5
years of the start of acceptance by the Secretary--
``(A) the total quantity accepted by the Secretary
is consistent with the total quantity that the
Secretary would have accepted if the Secretary had
begun acceptance in 2003; and
``(B) thereafter the acceptance rate is equivalent
to the rate that would be in place pursuant to
paragraph (2) if the Secretary had commenced acceptance
in 2003.
``(5) 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.
``SEC. 509. SUBSEABED OR OCEAN WATER DISPOSAL.
``Notwithstanding any other provision of law--
``(1) the subseabed or ocean water disposal of spent
nuclear fuel or high-level radioactive waste is prohibited; and
``(2) no funds shall be obligated for any activity relating
to the subseabed or ocean water disposal of spent nuclear fuel
or high-level radioactive waste.
``SEC. 510. 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 1999, 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 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. 511. 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. 512. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.
``(a) In General.--It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products purchased with
funds made available under this Act should be American-made.
``(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
under this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
``(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally determined by a
court or Federal agency that any person intentionally affixed a label
bearing a `Made in America' inscription, or any inscription with the
same meaning, to any product sold in or shipped to the United States
that is not made in the United States, the person shall be ineligible
to receive any contract or subcontract made with funds made available
under this Act, pursuant to the debarment, suspension, and
ineligibility procedures described in sections 9.400 through 9.409 of
title 48, Code of Federal Regulations.
``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 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 this Act, shall continue in effect subsequent to
the date of enactment of this Act.
``(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 evaluate the technical and scientific validity of
activities undertaken by the Secretary after December 22, 1987,
including--
``(1) site characterization activities; and
``(2) activities relating to the packaging or
transportation of spent nuclear fuel or high-level radioactive
waste.
``SEC. 604. INVESTIGATORY POWERS.
``(a) Hearings.--Upon the 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 received such
evidence, as the Board considers appropriate. Any member of the Board
may administer oaths or affirmations to witnesses appearing before the
Board.
``(b) Production of Documents.--
``(1) Response to inquiries.--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 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) shall not be limited to final
work products of the Secretary, but shall include drafts of
such products and documentation of work in progress.
``SEC. 605. COMPENSATION OF MEMBERS.
``(a) In General.--Each member of the Board shall, subject to
appropriations, 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 received
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, subject to appropriations, 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, subject to appropriations, appoint and
fix 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, the Librarian of Congress, and the Director of
the Office of Technology Assessment 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, subject to appropriations,
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 2 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 practical, in like manner as a private business.
``(b) 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
performance.
``SEC. 702. REPORTING.
``(a) Initial Report.--Within 180 days of the date of enactment of
this Act, 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 June 30, 2003,
and in accordance with the acceptable schedule;
``(2) a detailed schedule and timeline showing each action
that the Secretary intends to take to meet the Secretary's
obligations 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 1999 through 2004.
``(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 annual 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. 2. CONTINUATION OF CONTRACTS.
Subsequent to the date of enactment of this Act, the contracts
executed under section 302(a) of the Nuclear Waste Policy Act of 1982
shall continue in effect under this Act in accordance with their terms
except that the contracts have been modified by the parties to the
contract.
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