Summary: H.R.3430 — 100th Congress (1987-1988)All Information (Except Text)

There is one summary for H.R.3430. Bill summaries are authored by CRS.

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Introduced in House (10/06/1987)

Nuclear Waste Policy Act Amendments Act of 1987 - Amends the Nuclear Waste Policy Act of 1982 to add a new "Title IV: Program Redirection." Directs the Secretary of Energy to select by January 1, 1989, as the preferred site for the first repository, one of the sites previously selected for characterization as a candidate site. Sets forth the criteria for such site consideration. Prohibits the Secretary from initiating exploratory shaft facility construction until such preferred site has been selected. Makes the State in which the preferred site is located eligible to enter into a benefits agreement with the Secretary. Subjects the Secretary's site selection decision to an expedited judicial review process. Grants the Temporary Emergency Court of Appeals exclusive jurisdiction over such decision. Prescribes procedural guidelines for such decision, including an environmental evaluation.

Requires an economic impact report to the Congress within one year after site selection.

Annuls and revokes the Secretary's previous proposal to locate a monitored retrievable storage facility on the Clinch River (Oak Ridge, Tennessee). Prescribes a deadline by which the Secretary must survey and evaluate three potentially suitable sites in at least two States for such facility. Sets forth: (1) the factors to be considered at each site; and (2) notification requirements with respect to local approval procedures.

Authorizes the Secretary to make grants to any State, Indian tribe, or local government to support an assessment of the feasibility of siting a monitored retrievable storage facility.

Requires the Secretary to construct and operate such facility, once selection is effective, as part of an integrated nuclear waste management system.

Directs the Secretary to conduct a feasibility study regarding additional monitored retrievable storage facilities which shall: (1) examine the desirability of colocating a monitored retrievable storage facility site for spent nuclear fuel from civilian nuclear activities with a site at which substantial volumes of high-level radioactive waste from atomic energy defense activities is located; and (2) include the development of a management plan for such high-level radioactive waste in a system that includes monitored retrievable storage facilities capable of storing both high-level radioactive and spent nuclear fuel. Requires the Secretary to report to the Congress by April 1, 1989, on the study results.

Sets a time-frame within which the Secretary must study and evaluate the use of dry cask storage technology at civilian nuclear power reactor sites for the temporary storage of spent nuclear fuel until a permanent geologic repository is operative for such purpose. Prescribes the contents of such study and directs the Secretary to report on it to the Congress by October 1, 1988.

Requires a report to the Congress by April 1, 1989, on the benefits of storing for at least 50 years spent nuclear fuel compared to the current system design allowing such fuel to age for ten years before emplacement in a repository.

Prescribes guidelines under which the Secretary may enter into benefits agreements with eligible States or Indian tribes on whose property a repository or monitored retrievable storage facility is sited.

Mandates that a review panel be established under such benefits agreements to: (1) advise the Secretary regarding proposed repositories or monitored retrievable storage facilities and related issues; (2) evaluate performance; (3) recommend corrective actions; and (4) participate in data planning and review. Exempts such panel from the requirements of the Federal Advisory Committee Act.

Establishes within the Executive Office of the President the Office of the Nuclear Negotiator whose function shall be to find a State or Indian tribe willing to host a repository or monitored retrievable storage facility. Prescribes procedural guidelines for an agreement between the Negotiator and such hosts, and requires any such proposed agreement to be submitted to the Congress.

Prohibits the Secretary from conducting site-specific activities regarding a second repository while benefits agreements are in effect (unless the Congress specifically appropriates funds for such activities). Requires the Secretary to report to the President and the Congress by January 1, 2007, on the need for a second repository. Cites conditions under which the Secretary may terminate benefits agreements. Declares that the Secretary's benefits termination decisions shall be available to the Congress and are not subject to judicial review.

Requires the Secretary to offer any affected State, Indian tribe, or local governmental units an opportunity to designate a representative to conduct on-site oversight activities at a monitored retrievable storage facility.

Authorizes appropriations for FY 1988 through 1990.

Requires the Secretary, within 60 days after enactment of this Act, to seek to enter a contract with the National Academy of Science for a study regarding the major facets of reprocessing spent nuclear fuel. Requires the Secretary to submit the Academy's report to the Congress by September 30, 1989.

Directs the Secretary to report to the Congress on subseabed disposal of nuclear spent fuel and high-level radioactive waste. Prescribes the contents of such report.

Prohibits the transportation of spent nuclear fuel or high-level radioactive waste by or for the Secretary unless in packages that have been certified for such purpose by the Nuclear Regulatory Commission. Directs the Secretary to: (1) abide by the Commission's regulations regarding advance notification of State and local governments prior to transportation of spent nuclear fuel or high-level radioactive waste; and (2) provide States with technical assistance and funds for training public safety officials through whose jurisdiction the Secretary plans to transport radioactive materials.

Requires the Commission to: (1) require actual tests on a sample full-scale package (in addition to any simulated tests, scale model test or engineered analysis) as part of its package design certification process for spent nuclear fuel or radioactive waste transportation; and (2) conduct a survey of the radioactive waste transportation packages used by other nations and report the survey results to the Congress by January 1, 1989.

Mandates that the repository site approval procedure include a statement by the Secretary (after consultation with the Secretary of Defense) that repository construction and operation will not seriously jeopardize or interfere with national defense activities. Requires the Secretary, when siting Federal research projects, to give special consideration to proposals from States where a repository is located.