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104th Congress                                            Rept. 104-254
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     Part 1
_______________________________________________________________________


 
                    NUCLEAR WASTE POLICY ACT OF 1995

_______________________________________________________________________


               September 20, 1995.--Ordered to be printed

                                _______


  Mr. Bliley, from the Committee on Commerce, submitted the following

                              R E P O R T

                             together with

                    ADDITIONAL AND DISSENTING VIEWS

                        [To accompany H.R. 1020]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Commerce, to whom was referred the bill 
(H.R. 1020) to amend the Nuclear Waste Policy Act of 1982, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................    26
Background and Need for Legislation..............................    27
Hearings.........................................................    30
Committee Consideration..........................................    31
Rollcall Votes...................................................    31
Committee Oversight Findings.....................................    34
Committee on Government Reform and Oversight.....................    34
Committee Cost Estimate..........................................    34
Congressional Budget Office Estimate.............................    37
Inflationary Impact Statement....................................    40
Committee Correspondence.........................................    40
Section-by-Section Analysis and Discussion.......................    42
Changes in Existing Law Made by the Bill, as Reported............    65
Additional and Dissenting Views..................................

  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. AMENDMENT OF 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 1995'.

  ``(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. Railroad.
``Sec. 202. Transportation planning.
``Sec. 203. Transportation requirements.
``Sec. 204. Interim storage.
``Sec. 205. Permanent disposal.
``Sec. 206. Land withdrawal.
``Sec. 207. Private storage facilities.

                 ``TITLE III--STATE AND LOCAL RELATIONS

``Sec. 301. Financial assistance.
``Sec. 302. State consultation.
``Sec. 303. Benefits agreements.
``Sec. 304. Content of agreements.
``Sec. 305. Review panel.
``Sec. 306. Consideration in siting facilities.
``Sec. 307. Acceptance of benefits.
``Sec. 308. Restriction on use of funds.

                  ``TITLE IV--FUNDING AND ORGANIZATION

``Sec. 401. Program funding.
``Sec. 402. Office of Civilian Radioactive Waste Management.
``Sec. 403. Defense contribution.

            ``TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS

``Sec. 501. Compliance with other laws.
``Sec. 502. Effect on 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.

            ``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 by the Secretary for acceptance 
        of spent nuclear fuel and high-level radioactive waste.
          ``(3) Affected Indian tribe.--The term `affected Indian 
        tribe' means any Indian tribe--
                  ``(A) within whose reservation boundaries the interim 
                storage facility or a repository for spent nuclear fuel 
                or high-level radioactive waste, or both, is proposed 
                to be located; or
                  ``(B) whose federally defined possessory or usage 
                rights to other lands outside of the reservation's 
                boundaries arising out of congressionally ratified 
                treaties may be substantially and adversely affected by 
                the locating of such a facility if the Secretary of the 
                Interior finds, upon the petition of the appropriate 
                governmental officials of the tribe, that such effects 
                are both substantial and adverse to the tribe.
          ``(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.
          ``(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 104 b. 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) Department.-- The term `Department' means the 
        Department of Energy.
          ``(9) 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.
          ``(10) 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.
          ``(11) Engineered barriers.--The term `engineered barriers' 
        and `engineered systems and components,' means man made 
        components of a disposal system. Such term includes the spent 
        nuclear fuel or high-level radioactive waste form, spent 
        nuclear fuel package or high-level radioactive waste, and other 
        materials placed over and around such packages.
          ``(12) High-level radioactive waste.--The term `high-level 
        radioactive waste' means--
                  ``(A) the highly radioactive material resulting from 
                the reprocessing of spent nuclear fuel, including 
                liquid waste produced directly in reprocessing and any 
                solid material derived from such liquid waste that 
                contains fission products in sufficient concentrations; 
                and
                  ``(B) other highly radioactive material that the 
                Commission, consistent with existing law, determines by 
                rule requires permanent isolation.
          ``(13) Federal agency.--The term `Federal agency' means any 
        Executive agency, as defined in section 105 of title 5, United 
        States Code.
          ``(14) 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)).
          ``(15) 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.
          ``(16) 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.
          ``(17) 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.
          ``(18) 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.
          ``(19) Metric tons uranium.--The terms `metric tons uranium' 
        and `MTU' means the amount of uranium in the original 
        unirradiated fuel element whether or not the spent nuclear fuel 
        has been reprocessed.
          ``(20) Nuclear Waste Fund.--The terms `Nuclear Waste Fund' 
        and `waste fund' mean the nuclear waste fund established in the 
        United States Treasury prior to the date of enactment of this 
        Act under section 302(c) of the Nuclear Waste Policy Act of 
        1982.
          ``(21) 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.
          ``(22) Program approach.--The term `program approach' means 
        the Civilian Radioactive Waste Management Program Plan, dated 
        December 19, 1994, as modified by this Act, and as amended from 
        time to time by the Secretary in accordance with this Act.
          ``(23) 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.
          ``(24) Secretary.--The term `Secretary' means the Secretary 
        of Energy.
          ``(25) Site characterization.--The term `site 
        characterization' means activities, whether in a laboratory or 
        in the field, undertaken to establish the geologic condition 
        and the ranges of the parameters of a candidate site relevant 
        to the location of a repository, including borings, surface 
        excavations, excavations of exploratory facilities, limited 
        subsurface lateral excavations and borings, and in situ testing 
        needed to evaluate the licensability of a candidate site for 
        the location of a repository, but not including preliminary 
        borings and geophysical testing needed to assess whether site 
        characterization should be undertaken.
          ``(26) 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.
          ``(27) 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.
          ``(28) 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 and following).
          ``(29) 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.

``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 January 31, 
        1998, it is necessary for Congress to authorize the interim 
        storage facility; and
          ``(4) deficit-control measures designed to limit 
        appropriation of general revenues have limited the availability 
        of the Nuclear Waste Fund for its intended purposes.
  ``(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 or high-level 
        radioactive waste for interim storage commencing no later than 
        January 31, 1998, 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 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 and any necessary modifications to 
        the transportation infrastructure to ensure that the Secretary 
        can commence acceptance of spent nuclear fuel and high-level 
        radioactive waste no later than January 31, 1998.

                         ``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 January 31, 1998.
  ``(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 in 
accordance with title VII of this Act.

                ``TITLE II--INTEGRATED MANAGEMENT SYSTEM

``SEC. 201. RAILROAD.

  ``(a) Authorization.--The Secretary shall develop and commence 
operation of a rail spur originating in Lincoln County, Nevada, and 
terminating at the interim storage facility site. The Secretary shall 
acquire rights-of-way within the corridor designated in subsection (b) 
as provided in this section and shall construct and operate, or cause 
to be constructed and operated, a railroad and such facilities as are 
required to transport spent nuclear fuel and high-level radioactive 
waste from existing rail systems to the interim storage facility and 
the repository.
  ``(b) Route Designation.--
          ``(1) Rights-of-way and facilities.--The Secretary shall 
        acquire such rights-of-way and develop such facilities within 
        the corridor (referred to as the `Caliente Route') depicted on 
        the map dated July 28, 1995 and on file with the Secretary.
          ``(2) Recommendations.--The Secretary shall consider specific 
        alignment proposals for the Caliente Route made by the State of 
        Nevada and the units of local government within whose 
        jurisdiction passes such route.
          ``(3) Notice and description.--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 corridor; and
                  ``(B) file copies of the map referred to in paragraph 
                (1) and the legal description of the corridor with the 
                Congress, the Secretary of the Interior, the Governor 
                of Nevada, the Board of Lincoln County Commissioners, 
                the Board of Nye County Commissioners, and the 
                Archivist of the United States.
          ``(4) Construction.--The map and legal description referred 
        to in paragraph (2) shall have the same force and effect as if 
        they were included in this Act. The Secretary may correct 
        clerical and typographical errors in the map and legal 
        description and make minor adjustments in the boundaries of the 
        corridor.
  ``(c) Withdrawal and Reservation.--
          ``(1) Public lands.--Subject to valid existing rights, the 
        public lands depicted on such map are withdrawn from all forms 
        of entry, appropriation, and disposal under the public land 
        laws, including the mineral leasing laws, the geothermal laws, 
        the material sale laws, and the mining laws.
          ``(2) Administrative jurisdiction.--Administrative 
        jurisdiction of such land is transferred from the Secretary of 
        the Interior to the Secretary.
          ``(3) Reservation.--Such lands are reserved for the use of 
        the Secretary for the construction and operation of such 
        transportation facilities and associated activities under this 
        title.
          ``(4) Memorandum of understanding.--The Secretary may also 
        enter into a Memorandum of Understanding with the head of any 
        other department having administrative jurisdiction over other 
        Federal lands used for purposes of the corridor referred to in 
        this section.
  ``(d) National Environmental Policy Act.--
          ``(1) Preliminary decisionmaking activities.--The Secretary's 
        activities in connection with the designation of a route and 
        the acquisition of rights-of-way under this section shall be 
        considered preliminary decisionmaking activities for purposes 
        of the National Environmental Policy Act of 1969. Such 
        activities 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)(C)), or any environmental review under subparagraph (E) 
        or (F) of section 102(2) of such Act, and shall not be delayed 
        pending completion of the environmental impact statement 
        required under paragraph (2).
          ``(2) Transportation facilities.--Construction and operation 
        of transportation facilities within the corridor shall 
        constitute a major Federal action significantly affecting the 
        quality of the human environment for purposes of the National 
        Environmental Policy Act of 1969. The Secretary shall prepare 
        an environmental impact statement on the construction and 
        operation of such facilities prior to commencement of 
        construction. In preparing such statement, the Secretary shall 
        adopt, to the extent practicable, relevant environmental 
        reports that have been developed by other Federal and State 
        agencies.
          ``(3) Considerations.--For purposes of complying with the 
        requirements of the National Environmental Policy Act of 1969 
        and this section, the Secretary need not consider the need for 
        the development or improvement of transportation facilities, 
        the timing of the initial availability of the transportation 
        facilities, alternative routes, or alternative means of 
        transportation.
  ``(e) Construction.--Notwithstanding any State or Federal statute, 
regulation or orders to the contrary, or the pendency of any judicial 
proceeding, the Secretary shall be authorized to commence construction 
of transportation facilities upon compliance with the requirements of 
subsections (a) through (d). No court shall have jurisdiction to enjoin 
the construction of the transportation facilities authorized by this 
section except upon its entry of a final order that the construction is 
not in accord with the provisions of applicable law.
  ``(f) Exemption.--Neither the Secretary nor any person constructing 
or operating railroad facilities under contract with the Secretary 
under this section shall be considered a rail carrier within the 
meaning of section 10102(22) of title 49, United States Code, and shall 
not be subject to the jurisdiction of the Interstate Commerce 
Commission.
  ``(g) Intermodal Transfer.--
          ``(1) Before access.--Until such time as direct rail access 
        is available to the interim storage facility site, the 
        Secretary shall utilize heavy-haul truck transport to move 
        spent nuclear fuel and high-level radioactive waste from the 
        mainline rail line at Caliente, Nevada, to the interim storage 
        facility site.
          ``(2) Capability date.--The Secretary shall develop the 
        capability to commence rail to truck intermodal transfer at 
        Caliente, Nevada, no later than January 31, 1998.
          ``(3) Acquisitions.--The Secretary shall acquire lands and 
        rights-of-way necessary to commence intermodal transfer at 
        Caliente, Nevada.
          ``(4) 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 January 31, 1998.
          ``(5) Notice and map.--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 sites and rights-
                of-way to be acquired under this subsection; and
                  ``(B) 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 Lincon County 
                Commissioners, the Board of Nye County Commissioners, 
                and the Caliente City Council.
        Such map and legal description shall have the same force and 
        effect as if they were included in this Act. The Secretary may 
        correct clerical and typographical errors and legal 
        descriptions and make minor adjustments in the boundaries.
          ``(6) Improvements.--The Secretary shall make improvements to 
        existing roadways selected for heavy-haul truck transport 
        between Caliente, Nevada, and the interim storage facility site 
        as necessary to facilitate year-round safe transport of spent 
        nuclear fuel and high-level radioactive waste.
  ``(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 shall take those 
actions that are necessary and appropriate to ensure that the Secretary 
is able to accept spent nuclear fuel and high-level radioactive waste 
beginning not later than January 31, 1998, and transport such fuel or 
waste to mainline transportation facilities. As soon as is practicable 
following the enactment of this Act, the Secretary shall analyze each 
specific reactor facility in the order of priority established in the 
acceptance schedule, and develop a logistical plan to assure the 
Secretary's ability to transport spent nuclear fuel and high-level 
radioactive waste.
  ``(b) Transportation Planning.--In conjunction with the development 
of the logistical plan in accordance with subsection (a), the Secretary 
shall update and modify, as necessary, the Secretary's transportation 
institutional plans to ensure that institutional issues are addressed 
and resolved on a schedule to support the commencement of 
transportation of spent nuclear fuel and high-level radioactive waste 
to the interim storage facility no later than January 31, 1998. Among 
other things, such planning shall provide a schedule and process for 
addressing and implementing, as necessary, transportation routing 
plans, transportation contracting plans, transportation training in 
accordance with section 203, and transportation tracking programs.

``SEC. 203. TRANSPORTATION REQUIREMENTS.

  ``(a) Package Certification.--No spent nuclear fuel or high-level 
radioactive waste may be transported by or for the Secretary under this 
Act except in packages that have been certified for such purposes by 
the Commission.
  ``(b) State Notification.--The Secretary shall abide by regulations 
of the Commission regarding advance notification of State and local 
governments prior to transportation of spent nuclear fuel or high-level 
radioactive waste under this Act.
  ``(c) Technical Assistance.--The Secretary shall provide technical 
assistance and funds to States, affected units of local government, and 
Indian tribes through whose jurisdiction the Secretary plans to 
transport substantial amounts of spent nuclear fuel or high-level 
radioactive waste for training for public safety officials of 
appropriate units of local government. Training shall cover procedures 
required for safe routine transportation of these materials, as well as 
procedures for dealing with emergency response situations. The 
Secretary's duty to provide technical and financial assistance under 
this subsection shall be limited to amounts specified in annual 
appropriations.
  ``(d) Use of Private Carriers.--The Secretary, in providing for the 
transportation of spent nuclear fuel and high level radioactive waste 
under this Act, shall utilize by contract 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.
  ``(e) Transfer of Title.--Acceptance by the Secretary of any spent 
nuclear fuel or high-level radioactive waste shall constitute a 
transfer of title to the Secretary.

``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. The interim storage facility shall be 
subject to licensing pursuant to the Atomic Energy Act of 1954 in 
accordance with the Commission's regulations governing the licensing of 
independent spent fuel storage installations and shall commence 
operation in phases by January 31, 1998. The interim storage facility 
shall be designed to store spent nuclear fuel from civilian nuclear 
power reactors until the Secretary is able to transfer the spent fuel 
to the repository.
  ``(b) Design.--The design of the interim storage facility shall 
provide for the use of storage technologies licensed or certified by 
the Commission for use at the interim storage facility as necessary to 
ensure compatibility between the interim storage facility and contract 
holders' spent nuclear fuel and facilities, and to facilitate the 
Secretary's ability to meet the Secretary's obligations under this Act.
  ``(c) Licensing.--
          ``(1) Phases.--The interim storage facility shall be licensed 
        by the Commission in two phases in order to commence operations 
        no later than January 31, 1998.
          ``(2) First phase.--No later than 12 months after the date of 
        enactment of the Nuclear Waste Policy Act of 1995, the 
        Secretary shall submit to the Commission an application for a 
        license for the first phase of the interim storage facility. 
        The license issued for the first phase of the interim storage 
        facility shall have a term of 20 years. The interim storage 
        facility licensed in the first phase shall have a capacity of 
        not more than 10,000 MTU. The Commission shall issue a final 
        decision granting or denying the application for the first 
        phase license no later than 16 months from the date of the 
        submittal of the application for such license.
          ``(3) Second phase.--The Secretary shall submit to the 
        Commission an application for a license for the second phase 
        interim storage facility. The license for the second phase 
        facility shall authorize a storage capacity of 40,000 MTU. The 
        license for the second phase shall have an initial term of up 
        to 100 years, and shall be renewable for additional terms upon 
        application of the Secretary.
  ``(d) Additional Authority.--
          ``(1) Construction.--For the purpose of complying with 
        subsection (a), the Secretary may commence site preparation for 
        the interim storage facility as soon as practicable after the 
        date of enactment of the Nuclear Waste Policy Act of 1995 and 
        shall commence construction of the first phase of the interim 
        storage facility subsequent to submittal of the license 
        application except that the Commission shall issue an order 
        suspending such construction at any time if the Commission 
        determines that such construction poses an unreasonable risk to 
        public health and safety or the environment. The Commission 
        shall terminate all or part of such order upon a determination 
        that the Secretary has taken appropriate action to eliminate 
        such risk.
          ``(2) Facility use.--Notwithstanding any otherwise applicable 
        licensing requirement, the Secretary may utilize any facility 
        owned by the Federal Government on the date of enactment of the 
        Nuclear Waste Policy Act of 1995 and within the boundaries of 
        the interim storage facility site, in connection with an 
        imminent and substantial endangerment to public health and 
        safety at the interim storage facility prior to commencement of 
        operations during the second phase.
          ``(3) Acceptance of fuel and waste.--Once the Secretary has 
        achieved the spent nuclear fuel acceptance rate provided by the 
        schedule for contracts executed prior to the date of enactment 
        of Nuclear Waste Policy Act of 1995 under section 302(a) of the 
        Nuclear Waste Policy Act of 1982 the Secretary may accept--
                  ``(A) spent nuclear fuel or high-level radioactive 
                waste of domestic origin from civilian nuclear power 
                reactors which have permanently ceased operation; and
                  ``(B) spent nuclear fuel from foreign research 
                reactors, as necessary to promote nonproliferation 
                objectives.
  ``(e) National Environmental Policy Act of 1969.--
          ``(1) Preliminary decisionmaking activities.--The Secretary's 
        activities under this section, including the selection of a 
        site for the interim storage facility, the preparation and 
        submittal of any license application, and the construction and 
        operation of any facility shall be considered preliminary 
        decisionmaking activities for purposes of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). No 
        such activity 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 
        require any environmental review under subparagraph (E) or (F) 
        of such Act.
          ``(2) Environmental impact statement.--
                  ``(A) Final decision.--A final decision of the 
                Commission to grant or deny a license application for 
                the first or second phase of the interim storage 
                facility shall be accompanied by an Environmental 
                Impact Statement prepared under section 102(2)(C) of 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4332(2)(C)). In preparing such Environmental 
                Impact Statement, the Commission--
                          ``(i) shall assume that 40,000 MTU will be 
                        stored at the facility; and
                          ``(ii) shall analyze the impacts of the 
                        transportation of spent nuclear fuel and high-
                        level radioactive waste to the interim storage 
                        facility in a generic manner.
                  ``(B) Considerations.--Such Environmental Impact 
                Statement shall not consider--
                          ``(i) the need for the interim storage 
                        facility, including any individual component 
                        thereof;
                          ``(ii) the time of the initial availability 
                        of the interim storage facility;
                          ``(iii) any alternatives to the storage of 
                        spent nuclear fuel and high-level radioactive 
                        waste at the interim storage facility;
                          ``(iv) any alternatives to the site of the 
                        facility as designated by the Secretary in 
                        accordance with subsection (a);
                          ``(v) any alternatives to the design criteria 
                        for such facility or any individual component 
                        thereof, as specified by the Secretary in the 
                        license application; or
                          ``(vi) the environmental impacts of the 
                        storage of spent nuclear fuel and high-level 
                        radioactive waste at the interim storage 
                        facility beyond the initial term of the license 
                        or the term of the renewal period for which a 
                        license renewal application is made.
  ``(f) Judicial Review.--Judicial review of the Commission's 
environmental impact statement under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) shall be consolidated with 
judicial review of the Commission's licensing decision. No court shall 
have jurisdiction to enjoin the construction or operation of the 
interim storage facility prior to its final decision on review of the 
Commission's licensing action.
  ``(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) Storage of Defense Material.--
          ``(1) Criteria.--The Commission shall establish criteria for 
        the issuance of an amendment to the interim storage facility 
        license authorizing storage of spent nuclear fuel or high-level 
        radioactive waste from atomic energy defense activities in the 
        interim storage facility. The Secretary shall seek a license 
        amendment to allow for the storage of spent nuclear fuel or 
        high-level radioactive waste from atomic energy defense 
        activities at the interim storage facility.
          ``(2) Acceptance of other fuel.--When the Secretary has 
        achieved the spent nuclear fuel acceptance rate provided by the 
        schedule for contracts executed under section 302(a) of the 
        Nuclear Waste Policy Act of 1982 before the date of enactment 
        of the Nuclear Waste Policy Act of 1995, the Secretary may 
        accept spent nuclear fuel or high-level radioactive waste 
        resulting from atomic energy defense activities.
  ``(i) 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 enactment of the 
Nuclear Waste Policy Act of 1995. 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.

``SEC. 205. PERMANENT DISPOSAL.

  ``(a) Site Characterization.--
          ``(1) Guidelines.--The guidelines promulgated by the 
        Secretary and published at 10 CFR part 960 are annulled and 
        revoked and the Secretary shall make no assumptions or 
        conclusions about the licensability of the Yucca Mountain site 
        as a repository by reference to such guidelines.
          ``(2) Site characterization activities.--The Secretary shall 
        carry out appropriate site characterization activities at the 
        Yucca Mountain site in accordance with the Secretary's program 
        approach to site characterization if the Secretary modifies or 
        eliminates those site characterization activities designed to 
        demonstrate the suitability of the site under the guidelines 
        referenced in paragraph (1).
          ``(3) Date.--No later than December 31, 2001, the Secretary 
        shall apply to the Commission for authorization to construct a 
        repository that will commence operations no later than January 
        17, 2010. If, at any time prior to the filing of such 
        application, the Secretary determines that the Yucca Mountain 
        site cannot satisfy the Commission's regulations applicable to 
        the licensing of a geologic repository, the Secretary shall 
        terminate site characterization activities at the site, notify 
        Congress and the State of Nevada of the Secretary's 
        determination and the reasons therefor, and recommend to 
        Congress not later than 6 months after such determination 
        further actions, including the enactment of legislation, that 
        may be needed to manage the Nation's spent nuclear fuel and 
        high-level radioactive waste.
          ``(4) Maximizing capacity.--In developing an application for 
        authorization to construct the repository, the Secretary shall 
        seek to maximize the capacity of the repository.
  ``(b) Licensing.--Within one year of the date of enactment of the 
Nuclear Waste Policy Act of 1995, the Commission shall amend its 
regulations governing the disposal of spent nuclear fuel and high-level 
radioactive waste in geologic repositories to the extent necessary to 
comply with this Act. Subject to subsection (c), such regulations shall 
provide for the licensing of the repository according to the following 
procedures:
          ``(1) Construction authorization.--The Commission shall grant 
        the Secretary a construction authorization for the repository 
        upon determining that there is reasonable assurance that spent 
        nuclear fuel and high-level radioactive waste can be disposed 
        of in the repository--
                  ``(A) in conformity with the Secretary's application, 
                the provisions of this Act, and the regulations of the 
                Commission;
                  ``(B) without unreasonable risk to the health and 
                safety of the public; and
                  ``(C) consistent with the common defense and 
                security.
          ``(2) License.--Following substantial completion of 
        construction and the filing of any additional information 
        needed to complete the license application, the Commission 
        shall issue a license to dispose of spent nuclear fuel and 
        high-level radioactive waste in the repository if the 
        Commission determines that the repository has been constructed 
        and will operate--
                  ``(A) in conformity with the Secretary's application, 
                the provisions of this Act, and the regulations of the 
                Commission;
                  ``(B) without unreasonable risk to the health and 
                safety of the public; and
                  ``(C) consistent with the common defense and 
                security.
          ``(3) Closure.--After emplacing spent nuclear fuel and high-
        level radioactive waste in the repository and collecting 
        sufficient confirmatory data on repository performance to 
        reasonably confirm the basis for repository closure consistent 
        with the Commission's regulations applicable to the licensing 
        of a repository, as modified in accordance with this Act, the 
        Secretary shall apply to the Commission to amend the license to 
        permit permanent closure of the repository. The Commission 
        shall grant such license amendment upon finding that there is 
        reasonable assurance that the repository can be permanently 
        closed--
                  ``(A) in conformity with the Secretary's application 
                to amend the license, the provisions of this Act, and 
                the regulations of the Commission;
                  ``(B) without unreasonable risk to the health and 
                safety of the public; and
                  ``(C) consistent with the common defense and 
                security.
          ``(4) Post-closure.--The Secretary shall take those actions 
        necessary and appropriate at the Yucca Mountain site to prevent 
        any activity at the site subsequent to repository closure that 
        poses an unreasonable risk of--
                  ``(A) breaching the repository's engineered or 
                geologic barriers: or
                  ``(B) increasing the exposure of individual members 
                of the public to radiation beyond the release standard 
                established in subsection (d)(1).
  ``(c) Modification of Repository Licensing Procedure.--The 
Commission's regulations shall provide for the modification of the 
repository licensing procedure, as appropriate, in the event that the 
Secretary seeks a license to permit the emplacement in the repository, 
on a retrievable basis, of only that quantity of spent nuclear fuel or 
high-level radioactive waste that is necessary to provide the Secretary 
with sufficient confirmatory data on repository performance to 
reasonably confirm the basis for repository closure consistent with 
applicable regulations.
  ``(d) Licensing Standards.--Notwithstanding any other provision of 
law, the Administrator of the Environmental Protection Agency shall not 
promulgate, by rule or otherwise, standards for protection of the 
public from releases of radioactive materials or radioactivity from the 
repository and any such standards existing on the date of enactment of 
the Nuclear Waste Policy Act of 1995 shall not be incorporated in the 
Commission's licensing regulations. The Commission's repository 
licensing determinations for the protection of the public shall be 
based solely on a finding whether the repository can be operated in 
conformance with the overall system performance standard established in 
paragraph (1)(A) and applied in accordance with the provisions of 
paragraph (1)(B). The Commission shall amend its regulations in 
accordance with subsection (b) to incorporate each of the following 
licensing standards:
          ``(1) Release standard.--
                  ``(A) Establishment of overall system performance 
                standard.--The standard for protection of the public 
                from release of radioactive material or radioactivity 
                from the repository shall prohibit releases that would 
                expose an average member of the general population in 
                the vicinity of the Yucca Mountain site to an annual 
                dose in excess of 100 millirems unless the Commission 
                determines by rule that such standard would constitute 
                an unreasonable risk to health and safety and 
                establishes by rule another standard which will protect 
                health and safety. Such standard shall constitute an 
                overall system performance standard.
                  ``(B) Application of overall system performance 
                standard.--The Commission shall issue the license if it 
                finds reasonable assurance that--
                          ``(i) for the first 1,000 years following the 
                        commencement of repository operations, the 
                        overall system performance standard will be met 
                        based on a deterministic or probabilistic 
                        evaluation of the overall performance of the 
                        disposal system; and
                          ``(ii) for the period commencing after the 
                        first 1,000 years of operation of the 
                        repository and terminating at 10,000 years 
                        after the commencement of operation of the 
                        repository, there is likely to be compliance 
                        with the overall system performance standard 
                        based on regulatory insight gained through the 
                        use of a probabilistic integrated performance 
                        model that uses best estimate assumptions, 
                        data, and methods.
          ``(2) Human intrusion.--The Commission shall assume that, 
        following repository closure, the inclusion of engineered 
        barriers and the Secretary's post-closure actions at the Yucca 
        Mountain site, in accordance with subsection (b)(3), shall be 
        sufficient to --
                  ``(A) prevent any human activity at the site that 
                poses an unreasonable risk of breaching the 
                repository's engineered or geologic barriers; and
                  ``(B) prevent any increase in the exposure of 
                individual members of the public to radiation beyond 
                allowable limits as specified in paragraph (1).
  ``(e) National Environmental Policy Act.--
          ``(1) Submission of statement.--Construction and operation of 
        the repository shall be considered a major Federal action 
        significantly affecting the quality of the human environment 
        for purposes of the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.). The Secretary shall submit an 
        environmental impact statement on the construction and 
        operation of the repository to the Commission with the 
        application for construction authorization.
          ``(2) Considerations.--For purposes of complying with the 
        requirements of the National Environmental Policy Act of 1969 
        and this section, the Secretary shall not consider in the 
        environmental impact statement the need for the repository, 
        alternative sites or designs for the repository, the time of 
        the initial availability of the repository, or any alternatives 
        to the isolation of spent nuclear fuel and high-level 
        radioactive waste in a repository.
          ``(3) Adoption by Commission.--The Secretary's environmental 
        impact statement and any supplements thereto shall, to the 
        extent practicable, be adopted by the Commission in connection 
        with the issuance by the Commission of a construction 
        authorization under subsection (b)(1), a license under 
        subsection (b)(2), or a license amendment under subsection 
        (b)(3). To the extent such statement or supplement is adopted 
        by the Commission, such adoption shall be deemed to also 
        satisfy the responsibilities of the Commission under the 
        National Environmental Policy Act of 1969, and no further 
        consideration shall be required, except that nothing in this 
        subsection shall affect any independent responsibilities of the 
        Commission to protect the public health and safety under the 
        Atomic Energy Act of 1954. In any such statement prepared with 
        respect to the repository, the Commission shall not consider 
        the need for a repository, the time of initial availability of 
        the repository, alternate sites to the Yucca Mountain site, or 
        nongeologic alternatives to such site.
  ``(f) Judicial Review.--No court shall have jurisdiction to enjoin 
issuance of the Commission repository licensing regulations prior to 
its final decision on review of such regulations.

``SEC. 206. LAND WITHDRAWAL.

  ``(a) Withdrawal and Reservation.--
          ``(1) Withdrawal.--Subject to valid existing rights, the 
        interim storage facility site and the Yucca Mountain site, as 
        described in subsection (b), are withdrawn from all forms of 
        entry, appropriation, and disposal under the public land laws, 
        including the mineral leasing laws, the geothermal leasing 
        laws, the material sale laws, and the mining laws.
          ``(2) Jurisdiction.--Jurisdiction of any land within the 
        interim storage facility site and the Yucca Mountain site 
        managed by the Secretary of the Interior or any other Federal 
        officer is transferred to the Secretary.
          ``(3) Reservation.--The interim storage facility site and the 
        Yucca Mountain site are reserved for the use of the Secretary 
        for the construction and operation, respectively, of the 
        interim storage facility and the repository and activities 
        associated with the purposes of this title.
  ``(b) Land Description.--
          ``(1) Boundaries.--The boundaries depicted on the map 
        entitled `Interim Storage Facility Site Withdrawal Map,' dated 
        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 the Nuclear Waste Policy Act of 1995, 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. 207. PRIVATE STORAGE FACILITIES.

  ``(a) Commission Action.--Upon application by one or more private 
entities for a license for an independent spent fuel storage 
installation not located at the site of a civilian nuclear power 
reactor, the Commission shall review such license applications and 
issue a license for one or more such facilities at the earliest 
practicable date, to the extent permitted by the applicable provisions 
of law and regulation.
  ``(b) Secretary's Actions.--The Secretary shall encourage efforts to 
develop private facilities for the storage of spent nuclear fuel by 
providing any requested information and assistance, as appropriate, to 
the developers of such facilities and to state and local governments 
and Indian Tribes within whose jurisdictions such facilities may be 
located, and shall cooperate with the developers of such facilities to 
facilitate compatibility between such facilities and the integrated 
management system.
  ``(c) Obligation.--The Secretary shall satisfy the Secretary's 
obligations under this Act notwithstanding the development of private 
facilities for the storage of spent nuclear fuel or high-level 
radioactive waste.

                 ``TITLE III--STATE AND LOCAL RELATIONS

``SEC. 301. FINANCIAL ASSISTANCE.

  ``(a) Payments.--The Secretary shall make payments to the State of 
Nevada and any affected unit of local government for purposes of 
enabling such State 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 such State, or 
        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 Nevada residents regarding 
        any activities of such State, 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 the State of Nevada or any 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 shall offer to 
        provide financial and technical assistance to the State of 
        Nevada, and any affected unit of local government requesting 
        such assistance. Such assistance shall be designed to mitigate 
        the impact on such State or affected unit of local government 
        of the development of the integrated management system.
          ``(2) Report.--The State of Nevada and any 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 shall grant to 
        the State of Nevada and any affected unit of local government 
        an amount each fiscal year equal to the amount such State or 
        affected unit of local government, respectively, would receive 
        if authorized to tax integrated management system activities, 
        as such State or affected unit of local government taxes the 
        non-Federal real property and industrial activities occurring 
        within such State or affected unit of local government.
          ``(2) Termination.--Such assistance shall continue until such 
        time as all such activities, development, and operations are 
        terminated at the Yucca Mountain site.
          ``(3) Assistance to Nevada and Units of Local Government.--
                  ``(A) Period.--The State of Nevada or any 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 Governor and legislature of the State of 
                Nevada of the termination of the operation of the 
                integrated management system.
                  ``(B) Activities.--The State of Nevada or any 
                affected unit of local government may not receive any 
                further assistance under this section if the integrated 
                management system activities at such site are 
                terminated by the Secretary or if such activities are 
                permanently enjoined by any court.

``SEC. 302. STATE CONSULTATION.

  ``(a) Provision of Information.--
          ``(1) Timely and complete information.--The Secretary, the 
        Commission, and other agencies involved in the construction, 
        operation, or regulation of any aspect of the integrated 
        management system in the State of Nevada shall provide to the 
        Governor and legislature of the State of Nevada timely and 
        complete information regarding determinations or plans made 
        with respect to the site characterization siting, development, 
        design, licensing, construction, operation, regulation, or 
        decommissioning of facilities associated with the integrated 
        management system.
          ``(2) Written response.--Upon written request for such 
        information by the Governor or legislature of the State of 
        Nevada, the Secretary shall provide a written response to such 
        request within 30 days of the receipt of such request. Such 
        response shall provide the information requested or, in the 
        alternative, the reasons why the information cannot be so 
        provided. If the Secretary fails to so respond within such 30 
        days, the Governor or legislature may transmit a formal written 
        objection to such failure to respond to the President. If the 
        President or Secretary fails to respond to such written request 
        within 30 days of the receipt by the President of such formal 
        written objection, the Secretary shall immediately suspend all 
        activities in the State of Nevada authorized by this Act, and 
        shall not renew such activities until the Governor or 
        legislature has received the written response to such written 
        request required by this subsection.
  ``(b) Consultation and Cooperation.--The Secretary shall consult and 
cooperate with the Governor and legislature of the State of Nevada and 
with the Board of Nye County Commissioners in an effort to resolve 
concerns regarding the public health and safety, environmental, and 
economic impacts of any activities authorized by this Act. In carrying 
out the Secretary's duties under this Act, the Secretary shall take 
such concerns into account to the maximum extent feasible and as 
specified in written agreements entered into under this section.
  ``(c) Continuation.--Written agreements established under section 
117(c) of the Nuclear Waste Policy Act of 1982 as constituted prior to 
the date of enactment of the Nuclear Waste Policy Act of 1995, shall 
continue in effect subsequent to the date of enactment of the Nuclear 
Waste Policy Act of 1995.
  ``(d) On-Site Representative.--The Secretary shall offer to the State 
of Nevada and Nye County, Nevada, an opportunity to designate a 
representative to conduct on-site oversight activities at such site. 
Reasonable expenses of such representatives shall be paid by the 
Secretary.

``SEC. 303. BENEFITS AGREEMENTS.

  ``(a) In General.--
          ``(1) Separate agreements.--The Secretary shall offer to 
        enter into separate agreements with the State of Nevada, Nye 
        County, Nevada, and Lincoln County, Nevada, concerning the 
        integrated management system.
          ``(2) Agreement with nevada.--Any agreement with the State of 
        Nevada under this section shall be negotiated in consultation 
        with any affected units of local government in the State.
          ``(3) Agreement content.--Any agreement shall contain such 
        terms and conditions, including such financial and 
        institutional arrangements, as the Secretary and agreement 
        entity determine to be reasonable and appropriate and shall 
        contain such provisions as are necessary to preserve any right 
        to participation or compensation of the State of Nevada or 
        affected units of local government, 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 the State of Nevada, 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.--In addition to the benefits to which the 
        State of Nevada or affected units of local government are 
        entitled under this title, the Secretary shall make payments to 
        the party of a benefits agreement in accordance with the 
        following schedule:

                           ``BENEFITS SCHEDULE                          
                          [Amounts in millions]                         
------------------------------------------------------------------------
                       Event                          State      County 
------------------------------------------------------------------------
(A) Annual payments prior to first receipt of fuel        $5        $2.5
(B) Upon first spent fuel receipt.................        $10       $5  
(C) Annual payments after first spent fuel receipt                      
 until closure of facility........................        $10       $5  
------------------------------------------------------------------------

          ``(2) Definitions.--For purposes of this section, the term--
                  ``(A) `spent fuel' means high-level radioactive waste 
                or spent nuclear fuel; and
                  ``(B) `first spent fuel receipt' does not include 
                receipt of spent fuel or high-level radioactive waste 
                for purposes of testing or operational demonstration.
          ``(3) Annual payments.--Annual payments prior to first spent 
        fuel receipt under paragraph (1)(A) shall be made on the date 
        of execution of the benefits agreement and thereafter on the 
        anniversary date of such execution. Annual payments after the 
        first spent fuel receipt until closure of the facility under 
        paragraph (1)(C) shall be made on the anniversary date of such 
        first spent fuel receipt.
          ``(4) Reduction.--If the first spent fuel payment under 
        paragraph (1)(B) is made within 6 months after the last annual 
        payment prior to the receipt of spent fuel under paragraph 
        (1)(A), such first spent fuel payment under paragraph (1)(B) 
        shall be reduced by an amount equal to \1/12\ of such annual 
        payment under paragraph (1)(A) for each full month less than 6 
        that has not elapsed since the last annual payment under 
        paragraph (1)(A).
          ``(5) Lincoln County.--At the conclusion of the 15-year 
        period after the Secretary's first payment to Lincoln County, 
        Nevada, under the benefits schedule in paragraph (1), the 
        payment of funds to such county shall terminate. Such funding 
        as would have been allocated to Lincoln County shall be 
        incorporated into the payment to the State of Nevada under the 
        benefits schedule. Any benefits agreement with the State of 
        Nevada shall be modified to reflect the requirements of 
        paragraph (7).
          ``(6) Restriction.--Except as provided in paragraph (7), the 
        Secretary may not restrict the purposes for which the payments 
        under this section may be used.
          ``(7) Transfers.--
                  ``(A) Units of local government.--Any State receiving 
                a payment under this section shall transfer an amount 
                equal to not less than \1/3\ of the amount of such 
                payment to affected units of local government of such 
                State.
                  ``(B) Plan.--A plan for this transfer and appropriate 
                allocation of such portion among such governments shall 
                be included in the benefits agreement under section 303 
                covering such payments.
                  ``(C) Dispute.--In the event of a dispute concerning 
                such plan or transfer, the Secretary shall resolve such 
                dispute, consistent with this Act and applicable State 
                law.
  ``(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;
          ``(2) the State or 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; and
          ``(3) the State or affected unit of local government may 
        waive its rights, if any, to impact assistance under sections 
        301(a) and 301(c).
  ``(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. REVIEW PANEL.

  ``(a) In General.--There shall be established a Review Panel 
consisting of 7 members as follows:
          ``(1) 1 member selected by the Governor of the State of 
        Nevada.
          ``(2) 2 members selected by affected units of local 
        government.
          ``(3) 1 member selected by the Board of Nye County 
        Commissioners.
          ``(4) 1 member selected by the Board of Lincoln County 
        Commissioners.
          ``(5) 1 member to represent persons paying fees under section 
        401, to be selected by the Secretary.
          ``(6) 1 member to represent other public interests, to be 
        selected by the Secretary.
  ``(b) Chairman.--The chairman of the Review Panel shall be selected 
by the Review Panel from its members.
  ``(c) Terms.--
          ``(1) Members.--The members of the Review Panel shall serve 
        for terms of 4 years each.
          ``(2) Per diem.--Members of the Review Panel who are not 
        full-time employees of the Federal Government, shall receive a 
        per diem compensation for each day spent conducting work of the 
        Review Panel, including their necessary travel or other 
        expenses while engaged in the work of the Review Panel.
          ``(3) Expenses.--Expenses of the Panel shall be paid by the 
        Secretary.
  ``(d) Duties.--The Review Panel shall--
          ``(1) advise the Secretary on matters relating to the 
        integrated management system including issues relating to 
        design, construction, operation, and decommissioning of the 
        system;
          ``(2) evaluate performance of the integrated management 
        system as it considers appropriate;
          ``(3) recommend corrective actions to the Secretary;
          ``(4) assist in the presentation of State and local 
        perspectives to the Secretary; and
          ``(5) participate in the planning for and the review of 
        preoperational data on environmental, demographic, and 
        socioeconomic conditions of the site and the local community.
  ``(e) Information.--The Secretary shall make available promptly any 
information in the Secretary's possession requested by the Panel or its 
Chairman.
  ``(f) Federal Advisory Committee Act.--The requirements of the 
Federal Advisory Committee Act shall not apply to a Review Panel 
established under this title.

``SEC. 306. CONSIDERATION IN SITING FACILITIES.

  ``The Secretary, in siting Federal research projects, shall give 
special consideration to proposals from the State of Nevada.

``SEC. 307. ACCEPTANCE OF BENEFITS.

  ``(a) Consent.--The acceptance or use of any of the benefits provided 
under this title, by the State of Nevada or any affected unit of local 
government thereof, shall not be deemed to be an expression of consent, 
express, or denied, either under the Constitution of the State 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, 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 governmental unit thereof, premised 
solely upon the acceptance or use of benefits under this title.

``SEC. 308. 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 matter pending before Congress or a State legislature or 
        for any lobbying activity as provided in section 1913 of title 
        18, United States Code;
          ``(2) for litigation purposes; and
          ``(3) to support multistate efforts or other coalition-
        building activities inconsistent with the purposes of this Act.

                  ``TITLE IV--FUNDING AND ORGANIZATION

``SEC. 401. PROGRAM FUNDING.

  ``(a) Contracts.--
          ``(1) Authority of secretary.--In the performance of the 
        Secretary's functions under this Act, the Secretary is 
        authorized to enter into contracts with any person who 
        generates or holds title to spent nuclear fuel or high-level 
        radioactive waste of domestic origin for the acceptance of 
        title and possession, transportation, interim storage, and 
        disposal of such waste or spent fuel. Such contracts shall 
        provide for the payment of annual fees pursuant to paragraphs 
        (2) and (3). Fees assessed pursuant to this paragraph shall be 
        paid to the Treasury of the United States and shall be 
        available for use by the Secretary pursuant to this section 
        until expended.
          ``(2) Annual fees.--
                  ``(A) Electricity.--For electricity generated by 
                civilian nuclear power reactors and sold on or after 
                the date of enactment of the Nuclear Waste Policy Act 
                of 1995, the aggregate amount of the fees collected 
                during each fiscal year shall be no greater than the 
                annual level of appropriations for expenditures on 
                those activities consistent with subsection (d) for 
                that fiscal year, minus--
                          ``(i) any unobligated balance collected 
                        pursuant to this section during the previous 
                        fiscal year; and
                          ``(ii) the percentage of such appropriations 
                        required to be funded by the Federal Government 
                        pursuant to section 403.
                The Secretary shall determine the level of the annual 
                fee for each civilian nuclear power reactor based on 
                the amount of electricity generated and sold, except 
                that for the period commencing with fiscal year 1997 
                and continuing through fiscal year 2010, the average 
                annual fee collected under this subparagraph shall not 
                exceed 1.0 mill per kilowatt-hour generated and sold 
                and for the period commencing after fiscal year 2010, 
                the annual fee collected under this subparagraph shall 
                not exceed 1.0 mill per kilowatt hour generated and 
                sold. 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.
                  ``(B) Expenditures if shortfall.--If, during any 
                fiscal year, the aggregate amount of fees assessed 
                pursuant to subparagraph (A) is less than the annual 
                level of appropriations for expenditures on those 
                activities specified in subsection (d) for that fiscal 
                year, minus--
                          ``(i) any unobligated balance collected 
                        pursuant to this section during the previous 
                        fiscal year; and
                          ``(ii) the percentage of such appropriations 
                        required to be funded by the Federal Government 
                        pursuant to section 403,
                the Secretary may make expenditures from the Nuclear 
                Waste Fund up to the level of the fees assessed.
                  ``(C) Rules.--The Secretary shall, by rule, establish 
                procedures necessary to implement this paragraph.
          ``(3) One-time fee.--The one-time fee collected under 
        contracts executed under section 302(a) of the Nuclear Waste 
        Policy Act of 1982 after the date of enactment of the Nuclear 
        Waste Policy Act of 1995 on spent nuclear fuel, or high-level 
        radioactive waste derived from spent nuclear fuel, which fuel 
        was used to generate electricity in a civilian nuclear power 
        reactor before April 7, 1983, shall be paid to the Treasury. In 
        paying such a fee, the person delivering such spent nuclear 
        fuel or high-level radioactive wastes derived therefrom, to the 
        Secretary shall have no further financial obligation to the 
        Federal Government for the long-term storage and permanent 
        disposal of such spent nuclear fuel or high-level radioactive 
        waste.
  ``(b) Advance Contracting Requirement.--
          ``(1) In general.--
                  ``(A) License issuance and renewal.--The Commission 
                shall not issue or renew a license to any person to use 
                a utilization or production facility under the 
                authority of section 103 or 104 of the Atomic Energy 
                Act of 1954 (42 U.S.C. 2133, 2134) unless--
                          ``(i) such person has entered into a contract 
                        under subsection (a) with the Secretary; or
                          ``(ii) the Secretary affirms in writing that 
                        such person is actively and in good faith 
                        negotiating with the Secretary for a contract 
                        under this section.
                  ``(B) Precondition.--The Commission, as it deems 
                necessary or appropriate, may require as a precondition 
                to the issuance or renewal of a license under section 
                103 or 104 of the Atomic Energy Act of 1954 (42 U.S.C. 
                2133, 2134) that the applicant for such license shall 
                have entered into an agreement with the Secretary for 
                the disposal of spent nuclear fuel and high-level 
                radioactive waste that may result from the use of such 
                license.
          ``(2) Disposal in repository.--Except as provided in 
        paragraph (1), no spent nuclear fuel or high-level radioactive 
        waste generated or owned by any person (other than a department 
        of the United States referred to in section 101 or 102 of title 
        5, United States Code) may be disposed of by the Secretary in 
        the repository unless the generator or owner of such spent fuel 
        or waste has entered into a contract under subsection (a) with 
        the Secretary by not later than the date on which such 
        generator or owner commences generation of, or takes title to, 
        such spent fuel or waste.
          ``(3) Assignment.--The rights and duties of a party to a 
        contract entered into under this section may be assignable with 
        transfer of title to the spent nuclear fuel or high-level 
        radioactive waste involved.
          ``(4) Disposal condition.--No spent nuclear fuel or high-
        level radioactive waste generated or owned by any department of 
        the United States referred to in section 101 or 102 of title 5, 
        United States Code, may be stored or disposed of by the 
        Secretary at the interim storage facility or repository in the 
        integrated management system developed under this Act unless, 
        each fiscal year, such department funds its appropriate portion 
        of the costs of such storage and disposal as specified in 
        section 403.
  ``(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) all receipts, proceeds, and recoveries realized 
                by the Secretary before the date of enactment of the 
                Nuclear Waste Policy Act of 1995; and
                  ``(B) any appropriations made by the Congress before 
                the date of enactment of the Nuclear Waste Policy Act 
                of 1995 to the Nuclear Waste Fund.
          ``(2) Use.--The Nuclear Waste Fund shall be used only for 
        purposes of the integrated management system.
          ``(3) Administration of nuclear waste fund.--
                  ``(A) In general.--The Secretary of the Treasury 
                shall hold the Nuclear Waste Fund and, after 
                consultation with the Secretary, annually report to the 
                Congress on the financial condition and operations of 
                the Nuclear Waste Fund during the preceding fiscal 
                year.
                  ``(B) Amounts in excess of current needs.--If the 
                Secretary determines that the Nuclear Waste Fund 
                contains at any time amounts in excess of current 
                needs, the Secretary may request the Secretary of the 
                Treasury to invest such amounts, or any portion of such 
                amounts as the Secretary determines to be appropriate, 
                in obligations of the United States--
                          ``(i) having maturities determined by the 
                        Secretary of the Treasury to be appropriate to 
                        the needs of the Nuclear Waste Fund; and
                          ``(ii) bearing interest at rates determined 
                        to be appropriate by the Secretary of the 
                        Treasury, taking into consideration the current 
                        average market yield on outstanding marketable 
                        obligations of the United States with remaining 
                        periods to maturity comparable to the 
                        maturities of such investments, except that the 
                        interest rate on such investments shall not 
                        exceed the average interest rate applicable to 
                        existing borrowings.
                  ``(C) Exemption.--Receipts, proceeds, and recoveries 
                realized by the Secretary under this section, and 
                expenditures of amounts from the Nuclear Waste Fund, 
                shall be exempt from annual apportionment under the 
                provisions of subchapter II of chapter 15 of title 31, 
                United States Code.
  ``(d) Use of Appropriated Funds.--During each fiscal year, the 
Secretary may make expenditures of funds collected after the date of 
enactment of the Nuclear Waste Policy Act of 1995 under this section 
and section 403, up to the level of appropriations for that fiscal year 
pursuant to subsection (f) 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, either directly or indirectly, to 
design or construct systems and components for the transportation, 
storage, or disposal of spent nuclear fuel from civilian nuclear power 
reactors.
  ``(f) Appropriations.--
          ``(1) Budget.--The Secretary shall submit the budget for 
        implementation of the Secretary's responsibilities under this 
        Act to the Office of Management and Budget triennially along 
        with the budget of the Department of Energy submitted at such 
        time in accordance with chapter 11 of title 31, United States 
        Code. The budget shall consist of the estimates made by the 
        Secretary of expenditures under this Act and other relevant 
        financial matters for the succeeding 3 fiscal years, and shall 
        be included in the budget of the United States Government.
          ``(2) Appropriations.--Appropriations shall be subject to 
        triennial authorization. During each fiscal year, the Secretary 
        may make expenditures, up to the level of appropriations, out 
        of the funds collected pursuant to this section and section 
        403, if the Secretary transmits the amounts appropriated for 
        implementation of this Act to the Commission and the Nuclear 
        Waste Technical Review Board in appropriate proportion to the 
        collection of such funds.

``SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT.

  ``(a) Continuation of Office of Civilian Radioactive Waste 
Management.--The Office of Civilian Radioactive Waste Management 
established under section 304(a) of the Nuclear Waste Policy Act of 
1982 as constituted prior to the date of enactment of the Nuclear Waste 
Policy Act of 1995, shall continue in effect subsequent to the date of 
enactment of the Nuclear Waste Policy Act of 1995.
  ``(b) Functions of Director.--The Director of the Office shall be 
responsible for carrying out the functions of the Secretary under this 
Act, subject to the general supervision of the Secretary. The Director 
of the Office shall be directly responsible to the Secretary.

``SEC. 403. DEFENSE CONTRIBUTION.

  ``(a) Allocation.--No later than one year from the date of enactment 
of the Nuclear Waste Policy Act of 1995, acting pursuant to section 553 
of title 5, United States Code, the Secretary shall issue a final rule 
establishing the appropriate portion of the costs of managing spent 
nuclear fuel and high-level radioactive waste under this Act allocable 
to the interim storage or permanent disposal of spent nuclear fuel and 
high-level radioactive waste from atomic energy defense activities. The 
share of costs allocable to the management of spent nuclear fuel and 
high-level radioactive waste from atomic energy defense activities 
shall include--
          ``(1) an appropriate portion of the costs associated with 
        research and development activities with respect to development 
        of the 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 atomic energy defense activities as established 
under subsection (a).
  ``(c) Report.--In conjunction with the annual report submitted to 
Congress under section 702, the Secretary shall advise the Congress 
annually of the amount of spent nuclear fuel and high-level radioactive 
waste from atomic energy defense activities requiring management in the 
integrated management system.
  ``(d) Authorization.--There is authorized to be appropriated to the 
Secretary, from general revenues, for carrying out the purposes of this 
Act, such sums as may be necessary to pay the costs of the management 
of spent nuclear fuel and high-level radioactive waste from atomic 
energy defense activities as established under subsection (a).

            ``TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS

``SEC. 501. COMPLIANCE WITH OTHER LAWS.

  ``If the requirements of any law are inconsistent with or duplicative 
of the requirements of the Atomic Energy Act and this Act, the 
Secretary shall comply only with the requirements of the Atomic Energy 
Act and this Act in implementing the integrated management system. Any 
requirement of a State or political subdivision of a State is preempted 
if--
          ``(1) complying with such requirement and a requirement of 
        this Act is impossible; or
          ``(2) such requirement, as applied or enforced, is an 
        obstacle to accomplishing or carrying out this Act or a 
        regulation under this Act.

``SEC. 502. EFFECT ON WATER RIGHTS.

  The Secretary shall give full consideration whether the 
implementation of this Act may require any purchase or other 
acquisition of water rights that will have a significant adverse effect 
on the present or future development of any area in Nevada. The 
Secretary shall mitigate any such adverse effects to the maximum extent 
practicable.

``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 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 he did 
not know of the decision or action complained of (or of the failure to 
act), and that a reasonable person acting under the circumstances would 
not have known, such party may bring a civil action no later than 180 
days after the date such party acquired actual or constructive 
knowledge or such decision, action, or failure to act.
  ``(c) Application of Other Law.--The provisions of this section 
relating to any matter shall apply in lieu of the provisions of any 
other Act relating to the same matter.

``SEC. 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 transshipment of 
spent nuclear fuel to another civilian nuclear power reactor within the 
same utility system, the construction of additional spent nuclear fuel 
pool capacity or dry storage capacity, or by other means, the 
Commission shall, at the request of any party, provide an opportunity 
for oral argument with respect to any matter which the Commission 
determines to be in controversy among the parties. The oral argument 
shall be preceded by such discovery procedures as the rules of the 
Commission shall provide. The Commission shall require each party, 
including the Commission staff, to submit in written form, at the time 
of the oral argument, a summary of the facts, data, and arguments upon 
which such party proposes to rely that are known at such time to such 
party. Only facts and data in the form of sworn testimony or written 
submission may be relied upon by the parties during oral argument. Of 
the materials that may be submitted by the parties during oral 
argument, the Commission shall only consider those facts and data that 
are submitted in the form of sworn testimony or written submission.
  ``(b) Adjudicatory Hearing.--
          ``(1) Designation.--At the conclusion of any oral argument 
        under subsection (a), the Commission shall designate any 
        disputed question of fact, together with any remaining 
        questions of law, for resolution in an adjudicatory hearing 
        only if it determines that--
                  ``(A) there is a genuine and substantial dispute of 
                fact which can only be resolved with sufficient 
                accuracy by the introduction of evidence in an 
                adjudicatory hearing; and
                  ``(B) the decision of the Commission is likely to 
                depend in whole or in part on the resolution of such 
                dispute.
          ``(2) Determination.--In making a determination under this 
        subsection, the Commission--
                  ``(A) shall designate in writing the specific facts 
                that are in genuine and substantial dispute, the reason 
                why the decision of the agency is likely to depend on 
                the resolution of such facts, and the reason why an 
                adjudicatory hearing is likely to resolve the dispute; 
                and
                  ``(B) shall not consider--
                          ``(i) any issue relating to the design, 
                        construction, or operation of any civilian 
                        nuclear power reactor already licensed to 
                        operate at such site, or any civilian nuclear 
                        power reactor to which a construction permit 
                        has been granted at such site, unless the 
                        Commission determines that any such issue 
                        substantially affects the design, construction, 
                        or operation of the facility or activity for 
                        which such license application, authorization, 
                        or amendment is being considered; or
                          ``(ii) any siting or design issue fully 
                        considered and decided by the Commission in 
                        connection with the issuance of a construction 
                        permit or operating license for a civilian 
                        nuclear power reactor at such site, unless--
                                  ``(I) such issue results from any 
                                revision of siting or design criteria 
                                by the Commission following such 
                                decision; and
                                  ``(II) the Commission determines that 
                                such issue substantially affects the 
                                design, construction, or operation of 
                                the facility or activity for which such 
                                license application, authorization, or 
                                amendment is being considered.
          ``(3) Application.--The provisions of paragraph (2)(B) shall 
        apply only with respect to licenses, authorizations, or 
        amendments to licenses or authorizations, applied for under the 
        Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) before 
        December 31, 2005.
          ``(4) Construction.--The provisions of this section shall not 
        apply to the first application for a license or license 
        amendment received by the Commission to expand onsite spent 
        fuel storage capacity by the use of a new technology not 
        previously approved for use at any nuclear power plant by the 
        Commission.
  ``(c) Judicial Review.--No court shall hold unlawful or set aside a 
decision of the Commission in any proceeding described in subsection 
(a) because of a failure by the Commission to use a particular 
procedure pursuant to this section unless--
          ``(1) an objection to the procedure used was presented to the 
        Commission in a timely fashion or there are extraordinary 
        circumstances that excuse the failure to present a timely 
        objection; and
          ``(2) the court finds that such failure has precluded a fair 
        consideration and informed resolution of a significant issue of 
        the proceeding taken as a whole.

``SEC. 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 acceptance schedule shall be implemented in accordance with the 
following:
          ``(1) Acceptance priority ranking shall be determined by the 
        Department's annual `Acceptance Priority Ranking' report.
          ``(2) The Secretary's spent fuel acceptance rate shall be no 
        less than the following: 1,200 MTU in 1998 and 1,200 MTU in 
        1999; 2,000 MTU in 2000 and 2,000 MTU in 2001; 2,700 MTU in 
        2002; and 3,000 MTU thereafter.
          ``(3) If the Secretary is unable to begin acceptance by 
        January 31, 1998 at the rates 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 acceptance 
        rate specified in paragraph (2), the acceptance schedule shall 
        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 began 
                acceptance in 1998, and
                  ``(B) thereafter the acceptance rate is equivalent to 
                the rate that would be in place pursuant to paragraph 
                (2) above if the Secretary had commenced acceptance in 
                1998.
          ``(4) The acceptance schedule shall not be affected or 
        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.

            ``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 the Nuclear Waste Policy Act of 1995, shall 
continue in effect subsequent to the date of enactment of the Nuclear 
Waste Policy Act of 1995.
  ``(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.

``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 request of the Chairman or a majority of the 
members of the Board, the Board may hold such hearings, sit and act at 
such times and places, take such testimony, and receive such evidence, 
as the Board considers appropriate. Any member of the Board may 
administer oaths or affirmations to witnesses appearing before the 
Board.
  ``(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 be paid at the rate 
of pay payable for level III of the Executive Schedule for each day 
(including travel time) such member is engaged in the work of the 
Board.
  ``(b) Travel Expenses.--Each member of the Board may receive travel 
expenses, including per diem in lieu of subsistence, in the same manner 
as is permitted under sections 5702 and 5703 of title 5, United States 
Code.

``SEC. 606. STAFF.

  ``(a) Clerical Staff.--
          ``(1) Authority of Chairman.--Subject to paragraph (2), the 
        Chairman may appoint and fix the compensation of such clerical 
        staff as may be necessary to discharge the responsibilities of 
        the Board.
          ``(2) Provisions of title 5.--Clerical staff shall be 
        appointed subject to the provisions of title 5, United States 
        Code, governing appointments in the competitive service, and 
        shall be paid in accordance with the provisions of chapter 51 
        and subchapter III of chapter 3 of such title relating to 
        classification and General Schedule pay rates.
  ``(b) Professional Staff.--
          ``(1) Authority of Chairman.--Subject to paragraphs (2) and 
        (3), the Chairman may appoint and fix the compensation of such 
        professional staff as may be necessary to discharge the 
        responsibilities of the Board.
          ``(2) Number.--Not more than 10 professional staff members 
        may be appointed under this subsection.
          ``(3) Title 5.--Professional staff members may be appointed 
        without regard to the provisions of title 5, United States 
        Code, governing appointments in the competitive service, and 
        may be paid without regard to the provisions of chapter 51 and 
        subchapter III of chapter 53 of such title relating to 
        classification and General Schedule pay rates, except that no 
        individual so appointed may receive pay in excess of the annual 
        rate of basic pay payable for GS-18 of the General Schedule.

``SEC. 607. SUPPORT SERVICES.

  ``(a) General Services.--To the extent permitted by law and requested 
by the Chairman, the Administrator of General Services shall provide 
the Board with necessary administrative services, facilities, and 
support on a reimbursable basis.
  ``(b) Accounting, Research, and Technology Assessment Services.--The 
Comptroller General, 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 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 practicable, in like manner as a private business. 
Notwithstanding any other provision of law, the civilian radioactive 
waste management program is not subject to laws or regulations 
concerning the civil service as described in this title.
  ``(b) Office of Civilian Radioactive Waste Management Employees.--
          ``(1) Compensation.--The Secretary shall, without regard to 
        section 5301 of title 5, United States Code, fix the 
        compensation of the Director and the Deputy Director of the 
        Office of Civilian Radioactive Waste Management. The Director 
        shall, without regard to section 5301 of title 5, United States 
        Code, fix the compensation for all other Federal employees 
        assigned to the Office of Civilian Radioactive Waste 
        Management, define their duties, and provide for a system of 
        organization to fix responsibility and promote efficiency. The 
        Deputy Director may be removed at the Director's discretion 
        without regard to any laws, rules, or regulations concerning 
        personnel actions in the Civil Service System or Senior 
        Executive Service. Any other Federal employee assigned to the 
        Office of Civilian Radioactive Waste Management may be removed 
        at the discretion of the Secretary or Director without regard 
        to any laws, rules, or regulations concerning personnel actions 
        in the Civil Service System or Senior Executive Service. The 
        Secretary shall ensure that Federal employees assigned to the 
        Office of Civilian Radioactive Waste Management are appointed, 
        promoted, and assigned on the basis of merit and fitness. Other 
        personnel actions shall be consistent with the principles of 
        fairness and due process specified in title 5 of the United 
        States Code, but without regard to those provisions of such 
        title governing appointments and other personnel actions in the 
        competitive service.
          ``(2) Application.--The provisions of paragraph (1) shall not 
        apply to Federal employees who may be, from time to time, 
        temporarily assigned to the Office of Civilian Radioactive 
        Waste Management. The use of temporary assignment of Federal 
        employees to the Office of Civilian Radioactive Waste 
        Management shall not be used in any manner to circumvent the 
        full application of the provisions in paragraph (1).
          ``(3) Transition.--The Secretary shall transition the Federal 
        employees assigned to the Office of Civilian Radioactive Waste 
        Management to the provisions of this section in an orderly 
        manner allowing for the development of the needed procedures. 
        Under no circumstances shall this transition take longer than 6 
        months from the date of enactment of the Nuclear Waste Policy 
        Act of 1995.
          ``(4) Retention of benefits.--Federal employees assigned to 
        the Office of Civilian Radioactive Waste Management and 
        transitioned to the provisions of this section shall retain 
        employment benefits in effect immediately prior to the 
        transition date. Transitioned employees will continue in the 
        Civil Service System's retirement system.
  ``(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 the Nuclear Waste Policy Act of 1995.
          ``(3) Comptroller General.--The Comptroller General of the 
        United States shall annually make an audit of the Office, in 
        accordance with such regulations as the Comptroller General may 
        prescribe. The Comptroller General shall have access to such 
        books, records, accounts, and other materials of the Office as 
        the Comptroller General determines to be necessary for the 
        preparation of such audit. The Comptroller General shall submit 
        to the Congress a report on the results of each audit conducted 
        under this section.
          ``(4) Time.--No audit contemplated by this subsection shall 
        take longer than 30 days to conduct. An audit report shall be 
        issued in final form no longer than 60 days after the audit is 
        commenced.
          ``(5) Public documents.--All audit reports shall be public 
        documents and available to any individual upon request.
  ``(d) Value Engineering.--The Secretary shall create a value 
engineering function within the Office of Civilian Radioactive Waste 
Management that reports directly to the Director, which shall carry out 
value engineering functions in accordance with the usual and customary 
practices of private corporations engaged in large nuclear construction 
projects.
  ``(e) Site Characterization.--The Secretary shall employ, on an on-
going basis, integrated performance modeling to identify appropriate 
parameters for the remaining site characterization effort and to 
eliminate studies of parameters that are shown not to affect long-term 
repository performance.

``SEC. 702. REPORTING.

  ``(a) Initial Report.--Within 180 days of the date of enactment of 
the Nuclear Waste Policy Act of 1995, 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 January 31, 
        1998, and in accordance with the acceptance schedule;
          ``(2) a detailed schedule and timeline showing each action 
        that the Secretary intends to take to meet the Secretary's 
        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 1996 through 2001.
  ``(b) Annual Reports.--On each anniversary of the submittal of the 
report required by subsection (a), the Secretary shall make annual 
reports to the Congress for the purpose of updating the information 
contained in such report. The 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 the Nuclear Waste Policy Act 
of 1995, the contracts executed under section 302(a) of the Nuclear 
Waste Policy Act of 1982 shall continue in effect under the Nuclear 
Waste Policy Act of 1995 in accordance with their terms except to the 
extent that the contract have been modified by the parties to the 
contract.

                          Purpose and Summary

    The purpose of H.R. 1020, the Nuclear Waste Policy Act of 
1995, is to revitalize the Nation's program for permanent 
disposal of spent nuclear fuel and high-level radioactive 
waste. This is accomplished through the creation of an 
integrated management system for the transportation, storage 
and disposal of spent fuel and waste by the U.S. Department of 
Energy (DOE). The legislation also replaces the current funding 
mechanism of the Nuclear Waste Fund with an annual fee to be 
assessed to utility ratepayers based on the actual expenditures 
of the integrated management system.

                  Background and Need for Legislation

                    i. the nuclear waste policy act

    The Nuclear Waste Policy Act (P.L. 97-425) was originally 
enacted in 1982, and is based on the premise that the Federal 
government holds responsibility for the permanent disposal of 
the Nation's spent nuclear fuel and high-level radioactive 
waste. This statute, along with the Low-Level Radioactive Waste 
Policy Act (P.L. 96-573), creates a clear division of 
responsibility between the States and the Federal government 
for the management and final disposal of low-level and high-
level radioactive waste, respectively. High-level radioactive 
waste includes spent fuel and other highly-radioactive waste 
generated by civilian nuclear power reactors and from nuclear 
weapons operations and nuclear propulsion units for naval 
vessels by the Departments of Energy and Defense.
    The 1982 Act attempted to establish two permanent 
repositories in the United States and required DOE to conduct a 
survey of possible repository locations. The search for 
suitable sites was based on the premise that the preferred 
method of permanent disposal for high-level radioactive waste 
is deep geologic storage, which would isolate radioactive 
materials in an underground environment.
    In order to ensure adequate financing for the program, 
Congress established the Nuclear Waste Fund, which is financed 
by a tax of one mill per kilowatt-hour of electricity generated 
by civilian nuclear power reactors and sold. The Fund was 
designed not only to pay for the program, including site 
selection and construction of repositories, but also for the 
long-term operation and maintenance and decommissioning of 
these facilities. By January 1995, ratepayers had paid over 
$6.6 billion into the Waste Fund. Including interest earned and 
payments owed, the Fund had raised over $11.1 billion as of 
January 1995. However, only $4.2 billion has been expended on 
program activities.
    By 1987, DOE had narrowed its consideration of the first 
repository to sites in three States: Washington, Texas, and 
Nevada. Efforts toward establishing a second repository had 
fared worse. Although several sites were receiving initial 
scrutiny for possible study, DOE suspended the search for a 
second repository. Congress was prompted to approved amendments 
to the Act in 1987 (P.L. 100-202 and P.L. 100-203) which 
dropped plans for the second repository, concentrating 
resources into characterizing one repository site, designated 
Yucca Mountain, Nevada, as the sole location for study as a 
repository, and authorized a Monitored Retrievable Storage 
(MRS) facility for interim storage. However, the search for an 
MRS site was also unsuccessful, and no MRS facility was 
developed.

                      II. the yucca mountain site

    The site characterization program at Yucca Mountain has 
been plagued with a host of management and funding 
difficulties. The resulting quagmire of inaction has, in 
effect, created a 12-year time lag in the estimated dates of 
completion for activities at Yucca Mountain. Under the 
direction of Secretary of Energy Hazel O'Leary, the Office of 
Civilian Radioactive Waste Management (OCRWM) has undergone a 
significant reevaluation of the program, and a number of 
changes have been made which have vastly improved the operation 
of the site characterization program. DOE established a Program 
Approach to re-order schedules and deadlines to conform with 
congressional funding, allowing the program to identify more 
realistic dates for the completion of site activities. Under 
the new schedule, site characterization activities are on or 
ahead of schedule. For example, the tunnel boring machine, 
which has been excavating the area for the exploratory study 
facility and will excavate the repository area, has 
successfully excavated over 5,000 feet, and is nearly 1,500 
feet ahead of schedule. Under the revised program approach, DOE 
estimates that permanent waste disposal could begin at a 
completed permanent repository facility in the year 2010, 
pending a favorable site suitability determination.
    DOE has also begun a more cooperative process toward 
ultimate licensing of the Yucca Mountain facility by the 
Nuclear Regulatory Commission (NRC). Under its present 
schedule, DOE is expected to reach a site suitability 
determination by 1998. If the Yucca Mountain site is considered 
suitable, a construction license application would be submitted 
to the NRC by the year 2001. License applications for other 
components of facility operation would be submitted in later 
years. This phased method should allow a more flexible approach 
to opening the permanent repository, and allow for greater 
bureaucratic and management accountability through the 
licensing process.

                 iii. current interim storage practices

    Although the permanent repository program has made great 
progress in recent months, it is clear that the time schedules 
and requirements of the original Nuclear Waste Policy Act have 
been hopelessly retarded by past mismanagement of the program. 
The Act provided that a permanent repository would be 
operational by 1998; at present, only a site suitability 
determination is expected by that date.
    Currently, spent nuclear fuel is stored on site at the 
nation's 73 nuclear reactor sites. There are 109 operating 
reactors and nine shut-down reactors in the U.S., located in 34 
states. Pool storage is the primary method of storing spent 
fuel, and involves placing spent fuel rods into pools of water. 
The water acts as both a cooling agent and a radiation shield. 
This method was originally designed for short-term storage of 
fuel until it could be transferred to a permanent facility. 
With the lack of progress on a repository, however, many 
reactors now face a shortage of at-site pool storage capacity. 
By 1998, 26 reactors will have run out of pool storage space; 
by 2010, 80 reactors will have reached pool storage capacity.
    As a way of increasing at-reactor storage capacity, some 
utilities have switched to dry cask storage technology as their 
pool storage has been exhausted. This involves storing spent 
fuel storage.
    In general, at-reactor storage is very safe in the near 
term. Accidents involving at-reactor storage are quite rare, 
and in no case has such an incident resulted in a release of 
radiation to the public. In its testimony before the 
Subcommittee on Energy and Power, the NRC testified that 
storage of spent nuclear fuel at shut-down reactors was the 
only situation involving a more noticeable potential for safety 
problems. According to the NRC, this is a result not of the 
storage technology, but of the reduced oversight and direct 
management at shut-down facilities. The NRC further testified 
that centralized interim storage would be a valuable component 
of DOE's program pending completion of the permanent 
repository. According to the NRC, a centralized facility would 
allow for a more focused inspection and surveillance program of 
spent nuclear fuel, and would decrease the already small 
likelihood of accidents at shut-down nuclear facilities with 
pool storage.

                  iv. the integrated management system

    The need for a permanent disposal solution for high-level 
radioactive waste and spent nuclear fuel is the linchpin of the 
Nuclear Waste Policy Act. The important fission products 
strontium and cesium have half-lives of 30 years, and require 
special isolation for at least 300-500 years before the 
material has decayed to the point where it no longer poses a 
serious health risk. Other radioactive wastes with longer half-
lives will remain a health and safety risk for thousands of 
years, albeit of lower overall danger than less stable 
radioisotopes.
    An important element in the permanent respository program 
is the future disposition of waste from U.S. nuclear defense 
activities. The Department of Energy estimates it manages about 
185,000 metric tons of such high-level radioactive waste, much 
of which is stored in less-than-ideal conditions. While not a 
necessity for accomplishing cleanup at DOE sites, the absence 
of a permanent repository is a significant factor in the lack 
of progress on environmental remediation within the DOE weapons 
complex and will continue to be a complication in the future 
cleanup of DOE facilities.
    The permanent repository will provide a safe and stable 
environment for the final disposal of these wastes, along with 
spent nuclear fuel and wastes generated as a result of civilian 
nuclear power plant operations. Without a permanent repository, 
waste from U.S. nuclear defense activities and spent nuclear 
fuel will continue to be stored at dozens of temporary 
facilities located through the nation. At hearings before the 
Subcommittee on Energy and Power, the Nuclear Regulatory 
Commission testified that while such storage does not pose 
immediate health risks to affected populations, there are clear 
overall health and safety benefits to centralized management of 
radioactive wastes. A permanent repository offers the best 
method of managing these wastes for maximum public benefit.
    The disposal of nuclear waste in a permanent repository is 
essential. Witnesses from the nuclear industry, the NRC, and 
DOE all agreed that ensuring the soundness of a repository 
program is Congress' core responsibility in reviewing the 
current Act. However, these witnesses acknowledged the 
frustration on the part of the utilities, public utility 
commissions, and ratepayers at the lack of progress toward 
opening the permanent repository, particularly in view of the 
$11 billion in ratepayer funds already collected, and the $4.2 
billion spent.
    Under the current statute, there is no operable provisions 
for the construction and operation of a Federal interim storage 
facility. Interim storage development is limited to the private 
development of a storage facility. Such a structure would serve 
as a full-scale interim storage site, and would handle spent 
nuclear fuel until final disposal at a permanent repository 
could occur. To date, the most aggressive development of such a 
facility has been pursued by the Mescalero Apache Tribe. The 
Mescalero project is supported by a number of utilities, and 
would be a voluntarily-constructed facility on tribal lands 
located in New Mexico. Under current statutory requirements, 
however, it is unlikely that an MRS facility could be in 
operation by 1998.
    The Committee agreed that providing for the interim storage 
of waste, on a limited basis subject to strict caps on volumes, 
would improve DOE's existing program as part of an integrated 
management system. The committee intends that interim storage 
complement the object of developing an integrated system 
culminating in the opening of a permanent repository as soon as 
possible. Interim storage is a temporary measure and cannot 
serve as a substitute for the repository.

                                Hearings

    The Subcommittee on Energy and Power held a series of three 
hearings on the status of the nuclear waste disposal program 
and the current Nuclear Waste Policy Act. On June 28, 1995, the 
Subcommittee held an oversight hearing on the status of current 
interim storage practice and policy. Witnesses included: U.S. 
Representatives Barbara Vucanovich and John Ensign; U.S. 
Senators Harry Reid and Richard Bryan; Dr. Ivan Selin, 
Chairman, U.S. Nuclear Regulatory Commission, and Mr. Kenneth 
Rogers and Ms. Gail dePlanque, Commissioners, U.S. Nuclear 
Regulatory Commission; Dr. Daniel Dreyfus, Director, Office of 
Civilian Radioactive Waste Management, U.S. Department of 
Energy; Mr. William McCormick, Chairman and Chief Executive 
Office, Consumers Power Company; Ms. Susan Clark, Commissioner, 
Florida Public Service Commission; and Mr. Michael Mariotte, 
Executive Director, Nuclear Information and Resource Service.
    On June 30, 1995, the Subcommittee on Energy and Power held 
an oversight hearing on the status of the permanent repository 
program and site characterization at the proposed permanent 
repository at Yucca Mountain, Nevada. Witnesses included: Dr. 
John Cantlon, Chairman, Nuclear Waste Technical Review Board; 
Dr. Daniel Dreyfus, Director, Office of Civilian Radioactive 
Waste Management, U.S. Department of Energy; Mr. Robert Loux, 
Executive Director, State of Nevada Nuclear Waste Project 
Office; Mr. Cameron McRae, Chairman, Board of County 
Commissioners, Nye County, Nevada; and Dr. Arjun Makhijani, 
President, Institute for Energy and Environmental Research.
    The Subcommittee also held a hearing on July 12, 1995 to 
examine various legislative proposals to revise the Nuclear 
Waste Policy Act. Considered at the hearing were: H.R. 1020, 
the Integrated Spent Nuclear Fuel Management Act of 1995; H.R. 
496, the Nuclear Waste Policy Reassessment Act; H.R. 1032, the 
Electric Consumers and Environmental Protection Act of 1995; 
H.R. 1174, the Nuclear Waste Disposal Funding Act; and H.R. 
1924, the Interim Waste Act. Witnesses at the hearing included: 
Dr. Daniel Dreyfus, Director, Office of Civilian Radioactive 
Waste Management, U.S. Department of Energy; Mr. Samuel 
Skinner, President, Commonwealth Edison Company; Mr. Drew 
Caputo, Attorney, Natural Resources Defense Council; Mr. 
Raymond Durante, President, Durante Associates; Mr. Emmit 
George, Jr., Commissioner, Iowa State Utilities Board; Mr. 
Dennis Bechtel, Coordinator, Office of Comprehensive Planning, 
Clark County, Nevada; and Mr. Don Hancock, Director, Nuclear 
Waste Safety Project, Southwest Research and Information 
Service.

                        Committee Consideration

    The Subcommittee on Energy and Power met in open session on 
July 28, 1995, and approved the bill H.R. 1020 with an 
amendment in the nature of a substitute for Full Committee 
consideration. No other amendments were adopted, and the bill 
as amended was approved by a recorded vote of 18-2, a quorum 
being present. On August 2, 1995, the Full Committee met in 
open session and ordered the bill H.R. 1020 with one amendment 
reported to the House by a recorded vote of 3-4, a quorum being 
present.

                             Rollcall Votes

    Pursuant to clause 2(l)(B) of rule XI of the Rules of the 
House of Representatives, following are listed the recorded 
votes on the motion to report H.R. 1020 and on amendments 
offered to the measure, including the names of those Members 
voting for and against.

                          rollcall vote no. 58

    Bill: H.R. 1020, Nuclear Waste Policy Act of 1995.
    Amendment: Amendment by Mr. Markey re: delete radiation 
release standard.
    Disposition: Not agreed to, by rollcall vote of 5 ayes to 
32 nays.

----------------------------------------------------------------------------------------------------------------
     Representative          Aye       Nay     Present        Representative          Aye       Nay     Present 
----------------------------------------------------------------------------------------------------------------
Mr. Bliley..............  ........        X   .........  Mr. Dingell.............  ........        X   .........
Mr. Moorhead............  ........  ........  .........  Mr. Waxman..............  ........  ........  .........
Mr. Fields..............  ........  ........  .........  Mr. Markey..............        X   ........  .........
Mr. Oxley...............  ........        X   .........  Mr. Tauzin..............  ........        X   .........
Mr. Bilirakis...........  ........        X   .........  Mr. Wyden...............        X   ........  .........
Mr. Schaefer............  ........        X   .........  Mr. Hall................  ........        X   .........
Mr. Barton..............  ........  ........  .........  Mr. Bryant..............  ........        X   .........
Mr. Hastert.............  ........        X   .........  Mr. Boucher.............  ........        X   .........
Mr. Upton...............  ........        X   .........  Mr. Manton..............  ........        X   .........
Mr. Stearns.............  ........        X   .........  Mr. Towns...............  ........  ........  .........
Mr. Paxon...............  ........        X   .........  Mr. Studds..............  ........  ........  .........
Mr. Gillmor.............  ........  ........  .........  Mr. Pallone.............  ........        X   .........
Mr. Klug................  ........        X   .........  Mr. Brown...............  ........        X   .........
Mr. Franks..............  ........        X   .........  Mrs. Lincoln............        X   ........  .........
Mr. Greenwood...........  ........  ........  .........  Mr. Gordon..............  ........        X   .........
Mr. Crapo...............  ........  ........  .........  Ms. Furse...............        X   ........  .........
Mr. Cox.................  ........        X   .........  Mr. Deutsch.............  ........        X   .........
Mr. Deal................  ........        X   .........  Mr. Rush................  ........        X   .........
Mr. Burr................  ........        X   .........  Ms. Eshoo...............        X   ........  .........
Mr. Bilbray.............  ........  ........  .........  Mr. Klink...............        X   ........  .........
Mr. Whitfield...........  ........        X   .........  Mr. Stupak..............  ........        X   .........
Mr. Ganske..............  ........        X   .........                                                         
Mr. Frisa...............  ........        X   .........                                                         
Mr. Norwood.............  ........        X   .........                                                         
Mr. White...............  ........        X   .........                                                         
Mr. Coburn..............  ........        X   .........                                                         
----------------------------------------------------------------------------------------------------------------

                          rollcall vote no. 59

    Bill: H.R. 1020, Nuclear Waste Policy Act of 1995.
    Amendment: Amendment by Mr. Markey re: delete NEPA 
provisions.
    Disposition: Not agreed to, by a rollcall vote of 4 ayes to 
33 nays.

----------------------------------------------------------------------------------------------------------------
     Representative          Aye       Nay     Present        Representative          Aye       Nay     Present 
----------------------------------------------------------------------------------------------------------------
Mr. Bliley..............  ........        X   .........  Mr. Dingell.............  ........        X   .........
Mr. Moorhead............  ........        X   .........  Mr. Waxman..............  ........  ........  .........
Mr. Fields..............  ........        X   .........  Mr. Markey..............        X   ........  .........
Mr. Oxley...............  ........        X   .........  Mr. Tauzin..............  ........        X   .........
Mr. Bilirakis...........  ........        X   .........  Mr. Wyden...............        X   ........  .........
Mr. Schaefer............  ........        X   .........  Mr. Hall................  ........        X   .........
Mr. Barton..............  ........        X   .........  Mr. Bryant..............  ........  ........  .........
Mr. Hastert.............  ........        X   .........  Mr. Boucher.............  ........  ........  .........
Mr. Upton...............  ........        X   .........  Mr. Manton..............  ........        X   .........
Mr. Stearns.............  ........        X   .........  Mr. Towns...............  ........  ........  .........
Mr. Paxton..............  ........  ........  .........  Mr. Studds..............  ........  ........  .........
Mr. Gillmor.............  ........        X   .........  Mr. Pallone.............  ........        X   .........
Mr. Klug................  ........  ........  .........  Mr. Brown...............  ........        X   .........
Mr. Franks..............  ........        X   .........  Mrs. Lincoln............  ........        X   .........
Mr. Greenwood...........  ........  ........  .........  Mr. Gordon..............  ........        X   .........
Mr. Crapo...............  ........        X   .........  Ms. Furse...............        X   ........  .........
Mr. Cox.................  ........  ........  .........  Mr. Deutsch.............  ........        X   .........
Mr. Deal................  ........        X   .........  Mr. Rush................  ........  ........  .........
Mr. Burr................  ........        X   .........  Ms. Eshoo...............        X   ........  .........
Mr. Bilbray.............  ........        X   .........  Mr. Klink...............  ........        X   .........
Mr. Whitfield...........  ........        X   .........  Mr. Stupak..............  ........        X   .........
Mr. Ganske..............  ........        X   .........                                                         
Mr. Frisa...............  ........        X   .........                                                         
Mr. Norwood.............  ........        X   .........                                                         
Mr. White...............  ........        X   .........                                                         
Mr. Coburn..............  ........        X   .........                                                         
----------------------------------------------------------------------------------------------------------------

                          rollcall vote no. 60

    Bill: H.R. 1020, Nuclear Waste Policy Act of 1995.
    Amendment: Amendment by Mr. Markey re: add risk assesement, 
unfunded mandates, and private property rights provisions.
    Disposition: Not agreed to, by a rollcall vote of 3 ayes to 
32 nays.

----------------------------------------------------------------------------------------------------------------
       Representative          Aye      Nay     Present         Representative          Aye      Nay     Present
----------------------------------------------------------------------------------------------------------------
Mr. Bliley.................  .......        X  ........  Mr. Dingell................  .......        X  ........
Mr. Moorhead...............  .......        X  ........  Mr. Waxman.................  .......  .......  ........
Mr. Fields.................  .......        X  ........  Mr. Markey.................        X  .......  ........
Mr. Oxley..................  .......  .......  ........  Mr. Tauzin.................  .......        X  ........
Mr. Bilirakis..............  .......        X  ........  Mr. Wyden..................  .......        X  ........
Mr. Schaefer...............  .......        X  ........  Mr. Hall...................  .......        X  ........
Mr. Barton.................  .......  .......  ........  Mr. Bryant.................  .......  .......  ........
Mr. Hastert................  .......        X  ........  Mr. Boucher................  .......  .......  ........
Mr. Upton..................  .......        X  ........  Mr. Manton.................  .......  .......  ........
Mr. Stearns................  .......        X  ........  Mr. Towns..................  .......  .......  ........
Mr. Paxon..................  .......        X  ........  Mr. Studds.................  .......  .......  ........
Mr. Gillmor................  .......        X  ........  Mr. Pallone................  .......        X  ........
Mr. Klug...................  .......  .......  ........  Mr. Brown..................  .......        X  ........
Mr. Franks.................  .......        X  ........  Mrs. Lincoln...............        X  .......  ........
Mr. Greenwood..............  .......  .......  ........  Mr. Gordon.................  .......        X  ........
Mr. Crapo..................  .......  .......  ........  Ms. Furse..................  .......        X  ........
Mr. Cox....................  .......  .......  ........  Mr. Deutsch................        X  .......  ........
Mr. Deal...................  .......        X  ........  Mr. Rush...................  .......        X  ........
Mr. Burr...................  .......        X  ........  Ms. Eshoo..................  .......        X  ........
Mr. Bilbray................  .......        X  ........  Mr. Klink..................  .......        X  ........
Mr. Whitfield..............  .......        X  ........  Mr. Stupak.................  .......        X  ........
Mr. Ganske.................  .......        X  ........                                                         
Mr. Frisa..................  .......        X  ........                                                         
Mr. Norwood................  .......        X  ........                                                         
Mr. White..................  .......        X  ........                                                         
Mr. Coburn.................  .......        X  ........                                                         
----------------------------------------------------------------------------------------------------------------

                          Rollcall vote No. 61

    Bill: H.R. 1020, Nuclear Waste Policy Act of 1995.
    Motion: Motion by Mr. Schaefer to order H.R. 1020 reported 
to the House, as amended.
    Disposition: Agreed to, by a rollcall vote of 30 ayes to 4 
nays.

----------------------------------------------------------------------------------------------------------------
       Representative          Aye      Nay     Present         Representative          Aye      Nay     Present
----------------------------------------------------------------------------------------------------------------
Mr. Bliley.................        X  .......  ........   Mr. Dingell...............        X  .......  ........
Mr. Moorhead...............        X  .......  ........   Mr. Waxman................  .......  .......  ........
Mr. Fields.................        X  .......  ........   Mr. Markey................  .......        X  ........
Mr. Oxley..................        X  .......  ........   Mr. Tauzin................  .......  .......  ........
Mr. Bilirakis..............        X  .......  ........   Mr. Wyden.................  .......        X  ........
Mr. Schaefer...............        X  .......  ........   Mr. Hall..................  .......  .......  ........
Mr. Barton.................  .......  .......  ........   Mr. Bryant................  .......  .......  ........
Mr. Hastert................  .......  .......  ........   Mr. Boucher...............  .......  .......  ........
Mr. Upton..................        X  .......  ........   Mr. Manton................  .......  .......  ........
Mr. Stearns................        X  .......  ........   Mr. Towns.................  .......  .......  ........
Mr. Paxon..................        X  .......  ........   Mr. Studds................  .......  .......  ........
Mr. Gillmor................        X  .......  ........   Mr. Pallone...............        X  .......  ........
Mr. Klug...................        X  .......  ........   Mr. Brown.................        X  .......  ........
Mr. Franks.................        X  .......  ........   Ms. Lincoln...............        X  .......  ........
Mr. Greenwood..............  .......  .......  ........   Mr. Gordon................        X  .......  ........
Mr. Crapo..................        X  .......  ........   Ms. Furse.................  .......        X  ........
Mr. Cox....................  .......  .......  ........   Mr. Deutsch...............        X  .......  ........
Mr. Deal...................        X  .......  ........   Mr. Rush..................        X  .......  ........
Mr. Burr...................        X  .......  ........   Ms. Eshoo.................        X  .......  ........
Mr. Bilbray................        X  .......  ........   Mr. Klink.................        X  .......  ........
Mr. Whitfield..............        X  .......  ........   Mr. Stupak................        X  .......  ........
Mr. Ganske.................        X  .......  ........                                                         
Mr. Frisa..................        X  .......  ........                                                         
Mr. Norwood................  .......  .......  ........                                                         
Mr. White..................        X  .......  ........                                                         
Mr. Coburn.................  .......        X  ........                                                         
----------------------------------------------------------------------------------------------------------------

                              voice votes

    Bill: H.R. 1020, Nuclear Waste Policy Act of 1995.
    Amendment: Amendment by Mr. Schaefer re: technical 
corrections.
    Disposition: Agreed to, by a voice vote.
    Amendment: Amendment by Mr. Sterns re: cap annual fee 
during averaging period.
    Disposition: Withdrawn, by unanimous consent.
    Amendment: Amendment by Mr. Wyden re: add a new title VIII 
prohibiting imports of spent nuclear fuel.
    Disposition: Withdrawn, by unanimous consent.
    Amendment: Amendment by Ms. Furse re: direct the Department 
of Energy to give priority to accepting spent nuclear fuel from 
shut-down reactors.
    Disposition: Withdrawn, by unanimous consent.
    Amendment: Amendment by Mr. Markey re: restrict operation 
and capacity of interim storage facility.
    Disposition: Not agreed to, by a voice vote.
    Amendment: Amendment by Mr. Markey re: provide that 
repository capacity include all defense nuclear waste.
    Disposition: Not agreed to, by a voice vote.
    Amendment: Amendment by Mr. Markey re: prevent renewal of 
civilian powerplant licenses unless repository can accommodate 
all civilian spent nuclear fuel.
    Disposition: Not agreed to, by a voice vote.

                      Committee Oversight Findings

    Pursuant to clause 2(l)(3)(A) of rule XI of the Rules of 
the House of Representatives, the Subcommittee on Energy and 
Power held oversight and legislative hearings and made findings 
that are reflected in this report.

              Committee on Government Reform and Oversight

    Pursuant to clause 2(l)(3)(D) of rule XI of the Rules of 
the House of Representatives, no oversight findings have been 
submitted to the Committee by the Committee on Government 
Reform and Oversight.

                        Committee Cost Estimate

    In compliance with clause 7(a) of rule XIII of the Rules of 
the House of Representatives, the Committee believes that 
enactment of H.R. 1020 would result in no additional costs to 
the Federal government. The Committee recognizes that the cost 
estimate provided by the Congressional Budget Office (CBO) 
concludes that the bill would increase net discretionary 
spending by $1.3 billion during Fiscal Years 1996-2000 and 
would affect direct spending by terminating the mandatory 
nuclear waste fee and replacing it with a discretionary 
variable fee. The Committee disputes the first contention, for 
the reasons detailed below. With respect to the second 
contention, the Committee explains its intent in replacing the 
current mandatory flat fee with an annually adjusted fee.
    The Committee categorically rejects a central assumption 
made by CBO in its preparation of a cost estimate, namely the 
assumption the annual fee does note exceed one mill per 
kilowatt-hour of nuclear electricity generated and sold during 
Fiscal Years 1996-2000. One of the most significant changes 
made by the Committee to H.R. 1020 as introduced was to the 
calculation of the annual fee. This fee is now mandatory and is 
set at a flat rate of one mill per kilowatt-hour. However, the 
bill would replace the mandatory flat fee with an annually 
adjusted fee. The fee would be recalculated each year to raise 
sufficient revenues to match appropriations, after subtracting 
the amount of the defense contribution, and subject to a cap in 
certain years. However, during four of the five fiscal years 
examined by CBO there is no cap on the annual fee, and the 
Committee expects the fee will exceed one mill per kilowatt-
hour if the appropriations level is set high enough to require 
more revenues than would be generated by a one mill fee.
    Under the bill, the annual fee would be averaged during the 
period Fiscal Years 1997-2010 for the express purpose of 
granting DOE the flexibility to raise the annual fee above one 
mill per kilowatt-hour during the early years of the revised 
program, permitting DOE to meet the new responsibilities added 
by the bill without increasing total revenues over the average 
period. For example, the bill moves forward in time the 
construction of a rail spur and procurement of transportation 
packages, activities that are planned under the DOE Program 
Approach, but are currently planned to take place ten years 
later than under the bill. Averaging is intended to generate 
revenues sufficient to match this shift in program costs, and 
the Committee believes the revenues generated by annually 
adjusted fees will match the level of appropriations. In fact, 
the Committee fully expects the annual fee will exceed one mill 
during the early years of the averaging period, perhaps 
approaching 1.5 mills per kilowatt-hour in one or more years. 
For these reasons, there is no basis for the assumption that 
the annual fee would not exceed one mill per kilowatt-hour 
during Fiscal Years 1997-2000, and for that reason the 
Committee rejects the CBO conclusion that the bill would 
increase net discretionary spending by $1.3 billion. In 
addition, there is a strong prospect of recovering substantial 
underpayments of the defense contribution to the program. DOE 
recently analyzed the underpayments in the defense contribution 
to the program, and concluded that these under payments total 
approximately $959 million through September 30, 1994. The bill 
provides for an appropriate defense contribution and envisions 
recovery of these underpayments.
    In addition to disputing the assumptions of CBO regarding 
annual fee collections during Fiscal Years 1996-2000, the 
Committee disputes assumptions made by CBO regarding program 
costs during that period. CBO estimated the bill directs DOE to 
undertake activities that would cost about $4.3 billion over 
Fiscal Years 1996-2000, declaring this estimate was based on 
the DOE Program Approach issued in December 1994 and 
preliminary information from DOE concerning the cost of an 
interim storage facility. The Committee disputes this estimate 
of the cost of the bill in the Federal government for a number 
of reasons. First, CBO assumed that the rail spur to be built 
in Nevada will cost $1 billion. This assumption is based on a 
DOE estimate of a route that is different from the route 
selected in the bill, which is estimated to cost only $350 
million. In any event, spending on railroad construction will 
be very low during Fiscal Years 1996-2000, and DOE estimates 
construction of a rail spur along the more expensive route 
would cost only $47 million during this period. Second, the 
Committee terminate the DOE Multi-Purpose Canister program, 
which is not reflected in the CBO estimate. Under the DOE 
Program Approach, it was envisioned that this program would 
cost $236 million over Fiscal Years 1996-2000. Third, even 
excluding these consideration, the CBO estimate of program 
spending is still too high. Assuming that the FY 1996 program 
budget is $424 million and relying on the Program Approach and 
other information provided by DOE to the Committee, the cost of 
the program will not exceed $4 billion over Fiscal Years 1996-
2000, for a total of $300 million less than the CBO assumption.
    CBO also concluded the bill would affect direct spending by 
terminating the mandatory nuclear waste fee and replacing it 
with a discretionary variable fee. The Committee does not 
dispute this contention, and instead offers its rationale for 
making this change and observes the annually adjustment fee is 
a new offsetting collection that should generate the same 
revenues as the terminated mandatory fee.
    One of the problems that has undermined progress in the DOE 
program nearly since its inception is the budgetary treatment 
of revenues and spending. Under current law, the flat annual 
fees paid by consumers of electric utilities are considered 
mandatory receipts and spending in considered discretionary 
spending. The annual fee is established at a flat rate of one 
mill per kilowatt-hour of nuclear electricity generated and 
sold, which generates roughly $600 million per year. Since 
these revenues are generated regardless of the level of program 
spending, there is every incentive to hold down program 
spending well below this level, depositing excess payments into 
the Nuclear Waste Fund and artificially reducing the budget 
deficit. In this manner, the Nuclear Waste Fund has grown to 
$11.1 billion. Limited access to these funds has threatened the 
program.
    This year is a case in point. Revenues produced by the 
mandatory flat fee this year will total $600 million. However, 
only one-third of these revenues will actually be spent on the 
DOE program, with the remaining two-thirds being deposited in 
the Nuclear Waste Fund. The net effect of this process is that 
consumers this year will receive a 33 cent program for every 
dollar of contribution. That situation is unacceptable to the 
Committee, and it sought to assure that consumers receive a 
dollar program for every dollar of contribution. It examined a 
number of means of achieving this goal. The option adopted by 
the Committee is replacing the mandatory flat fee with a 
discretionary fee that is actually adjusted to match the level 
of appropriations, less the defense contribution. This option 
assures that program spending will remain subject to the 
discipline of the appropriations process and entails no 
mandatory spending. This option addresses the historic 
disconnect between the treatment of revenues and spending, and 
makes both revenues and spending discretionary. Importantly, 
the Committee expects that the level of revenues generated by 
the annually adjusted fee will match the projection for the 
mandatory flat fee, since program costs will be highest in the 
early years of the averaging period.
    Fundamentally, the heart of the budget problem lies with 
the treatment of revenues as mandatory and spending as 
discretionary. That distinction creates the incentive to hold 
down the program level below where it would otherwise be, in 
order to inflate the Nuclear Waste Fund. To address this 
problem, it is necessary to either make spending mandatory, 
which reduces control over program spending, or make revenues 
discretionary, which entails the application of pay-as-you-go 
procedures. None of the choices facing the Committee were 
enviable ones, and the Committee selected the option that would 
assure consumers their contributions would be applied to the 
program, while assuring the discipline of the appropriations 
process would control program spending.

                  Congressional Budget Office Estimate

    Pursuant to clause 2(l)(3)(C) of rule XI of the Rules of 
the House of Representatives, following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
403 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 18, 1995.
Hon. Thomas J. Bliley, Jr.,
Chairman, Committee on Commerce,
U.S. House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1020, the 
Integrated Spent Nuclear Fuel Management Act of 1995.
    Enacting H.R. 1020 would affect direct spending. Therefore, 
pay-as-you-go procedures would apply to the bill.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

               congressional budget office cost estimate

    1. Bill number: H.R. 1020.
    2. Bill title: Integrated Spent Nuclear Fuel Management Act 
of 1995.
    3. Bill status: As ordered reported by the House Committee 
on Commerce on August 2, 1995.
    4. Bill purpose: H.R. 1020 would make three important 
amendments to the Nuclear Waste Policy Act. The bill would:
          direct the Secretary of Energy to establish an 
        interim nuclear waste storage facility accessible by 
        rail at the Nevada Test Site, and to begin accepting 
        nuclear waste no later than January 31, 1998;
          change the current procedures to approve and license 
        interim and permanent nuclear waste storage facilities; 
        and
          replace the current mandatory fee paid by electric 
        utilities for nuclear waste disposal with a 
        discretionary fee that could vary depending on the 
        level of appropriations provided to the program.
    The bill also would authorize the Department of Energy 
(DOE) to enter into financial assistance and benefits 
agreements with Nevada and local governments affected by the 
proposed integrated nuclear waste management system, and would 
authorize appropriations for the Nuclear Waste Technical Review 
Board.
    5. Estimated cost to the Federal Government: H.R. 1020 
would direct the Secretary of Energy to prepare to accept spent 
nuclear fuel no later than January 31, 1998, at an interim 
storage facility to be constructed at the Nevada Test Site. The 
bill also would direct the Department of Energy (DOE) to obtain 
rights of way and construct a rail line to the interim storage 
facility. In addition, the bill would require DOE to continue 
work on the permanent repository site at Yucca Mountain 
according to the plan of December 19, 1994. Based on 
information from DOE and assuming appropriations of the 
necessary funds, CBO estimates that those activities would cost 
about $4.3 billion over the 1996-2000 period, as summarized in 
the following table. Assuming that the Secretary of Energy 
maintains the existing fee of $0.001 per kilowatt-hour, this 
estimated authorization level would be offset by fees of about 
$3 billion. Therefore, the estimated net impact on 
discretionary spending would be an increase of $1.3 billion 
over the five-year period. In addition, enacting H.R. 1020 
would result in a pay-as-you-go cost of about $600 million 
annually, due to the termination of the current mandatory fee 
for nuclear waste disposal.

------------------------------------------------------------------------
                      1995     1996     1997     1998     1999     2000 
------------------------------------------------------------------------
 SPENDING SUBJECT                                                       
 TO APPROPRIATIONS                                                      
      ACTION                                                            
                                                                        
Spending under                                                          
 current law:                                                           
    Budget                                                              
     authority \1\      522        0        0        0        0        0
    Estimated                                                           
     outlays......      393      248       39        0        0        0
Proposed changes:                                                       
    Nuclear Waste                                                       
     Program                                                            
     spending:                                                          
        Estimated                                                       
         authoriza                                                      
         tion                                                           
         level....        0      685      825      875      990      930
        Estimated                                                       
         outlays..        0      343      687      836      928      949
    Nuclear waste                                                       
     fee:                                                               
        New                                                             
         offsettin                                                      
         g                                                              
         collectio                                                      
         ns:                                                            
            Estima                                                      
             ted                                                        
             autho                                                      
             rizat                                                      
             ion                                                        
             level        0     -585     -595     -600     -600     -600
            Estima                                                      
             ted                                                        
             outla                                                      
             ys...        0     -585     -595     -600     -600     -600
Total spending                                                          
 under H.R. 1020:                                                       
    Estimated                                                           
     authorization                                                      
     level \1\....      522      100      230      275      390      330
    Estimated                                                           
     outlays......      393        6      131      236      328      349
                                                                        
MANDATORY SPENDING                                                      
                                                                        
Nuclear waste fee:                                                      
    Forgone                                                             
     offsetting                                                         
     receipts:                                                          
        Estimated                                                       
         authoriza                                                      
         tion                                                           
         level....        0      585      595      600      600      600
        Estimated                                                       
         outlays..        0      585      595      600      600      600
------------------------------------------------------------------------
\1\ The 1995 spending level is the amount appropriated for that year.   

    The costs of this bill fall within budget functions 050 and 
270.
    6. Basis of estimate: This estimate is based on DOE's 
program plan issued on December 19, 1994, and on preliminary 
information from the department concerning the costs of an 
interim storage facility.

Yucca Mountain

    H.R. 1020 would direct DOE to proceed with their Civilian 
Radioactive Waste Management Program Plan of December 19, 1994. 
The plan calls for continuing with the evaluation of the 
potential site for waste disposal at Yucca Mountain, Nevada, 
constructing the repository, and accepting spent nuclear fuel 
starting in 2010. Based on information from DOE, we estimate 
that this effort would cost about $3 billion over the 1996-2000 
period--an average of $600 million annually, compared to 1995 
spending for the Yucca Mountain project of about $400 million. 
In any event, the amounts of future spending would depend on 
annual appropriations.

Interim storage facility

    The bill would require DOE to design and develop an interim 
nuclear waste storage facility accessible by rail at the Nevada 
Test Site. The facility would need to accept 1,200 metric tons 
of waste in 1998 and have a total capacity of 40,000 metric 
tons. Based on information from DOE, we estimate that securing 
railway right of way and building a rail spur would cost about 
$1 billion and be ready for operation in 2006. To be prepared 
to accept waste by 1998, such an interim storage facility would 
likely be built in stages. Its design, construction, and 
initial operation would cost about $1.2 billion over the 1996-
2000 period. After 2000, facility expansion and operations 
would cost about $390 million annually. Currently, DOE is not 
spending any money on an interim storage facility.

Other provisions

    Section 304 would authorize payments to Nevada and to 
Lincoln County, Nevada, totaling $7.5 million annually before 
waste is shipped to the DOE nuclear waste facility, and $15 
million annually after the facility begins accepting waste. 
Section 609 authorizes appropriation of such sums as are 
necessary for the activities of the Nuclear Waste Technical 
Review Board. Based on the Board's ongoing work, CBO estimates 
this agency would spend about $3 million annually over the 
1996-2000 period, assuming appropriation of the necessary 
amounts.
    7. Pay-as-you-go considerations: Section 252 of the 
Balanced Budget and Emergency Deficit Control Act of 1985 sets 
up pay-as-you-go procedures for legislation affecting direct 
spending or receipts through 1998. Because Title IV would 
affect direct spending, by resulting in a loss of offsetting 
receipts pay-as-you-go procedures would apply. These effects 
are summarized in the following table.

------------------------------------------------------------------------
                                 1995       1996       1997       1998  
------------------------------------------------------------------------
Change in outlays...........          0        585        595        600
Change in receipts..........  .........      (\1\)      (\1\)  .........
------------------------------------------------------------------------
\1\ Not applicable.                                                     

    Outlays would increase for pay-as-you-go purposes if H.R. 
1020 is enacted because the bill terminates the current 
mandatory fee of $0.001 per kilowatt-hour with a discretionary 
fee that would average $0.001 per kilowatt-hour over the 1996-
2000 period. CBO estimates the current fee will result in 
offsetting receipts of about $600 million annually over the 
1996-1998 period.
    8. Estimated cost to State and local governments: Section 
304 would authorize payments to Nevada and to Lincoln County, 
Nevada, totaling $7.5 million annually before waste is shipped 
to the DOE nuclear waste facility, and $15 million annually 
after the facility begins accepting waste.
    9. Estimate comparison: None.
    10. Previous CBO estimate: On June 6, 1995, CBO prepared an 
estimate for H.R. 1020 as introduced. The major difference 
between these versions of the bill is that the House Commerce 
Committee version of the bill would terminate the mandatory 
nuclear waste fee and replace it with a discretionary variable 
fee.
    11. Estimate prepared by: Kim Cawley.
    12. Estimate approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee finds that the bill 
would have no inflationary impact.

                        Committee Correspondence

                          House of Representatives,
            Committee on Transportation and Infrastructure,
                                Washington, DC, September 15, 1995.
Hon. Thomas J. Bliley, Jr.,
Chairman, Committee on Commerce, Rayburn House Office Building, 
        Washington, DC.
    Dear Mr. Chairman: Thank you for your information that the 
Committee on Commerce recently ordered reported H.R. 1020, the 
Nuclear Waste Policy Act of 1995. As you know, H.R. 1020 was 
sequentially referred to the Committee on Transportation and 
Infrastructure. However, given the non-controversial nature of 
the railroad provisions within this Committee's jurisdiction, I 
believe we can expedite House consideration of the bill and 
avoid the necessity for consideration of the bill by the 
Committee on Transportation and Infrastructure.
    In Title II of the bill as ordered reported by the Commerce 
Committee, the Department of Energy is directed to construct a 
rail line serving the permanent nuclear repository in Nevada. 
The line will be owned by the Department and will not be 
subject to Interstate Commerce Commission jurisdiction. The 
legislation also directs, however, that private industry is to 
be utilized to the fullest extent possible in actually 
operating trains over this rail line. This is fully consistent 
with the policies of the Staggers Rail Act, which governs 
economic regulation of the railroad industry.
    My only concern with Title II is Section 203(c), which 
directs the creation and administration of a DOE program to 
provide technical assistance and funds to state and local 
governments and Indian tribes in the area of the proposed DOE 
rail operations for transportation safety and emergency 
preparedness training. This could be seen as duplicative of the 
Department of Transportation's existing emergency preparedness 
and training programs and grants under the Hazardous Materials 
Transportation Act, 49 U.S.C. 5101 et seq. Based on 
consultation by our Committee staff with the Departments of 
Transportation and Energy, however, it appears that DOE's 
activities are much more specialized and focused on nuclear 
waste transportation. Therefore, it seems prudent to allow this 
de factor specialization to continue.
    To clarify in H.R. 1020 that no duplication of effort among 
federal agencies is contemplated, I recommend that the 
managers' amendment include language paralleling the existing 
directive in the Hazardous Materials Transportation Act that 
interagency duplication of effort is to be avoided by 
interagency consultation. That provision requires several 
federal agencies concerned with hazardous materials 
transportation (including the Departments of Transportation and 
Energy) to ``review periodically * * * all emergency response 
and preparedness training programs * * * to minimize 
duplication of effort and expense'' and directs the agencies to 
``take necessary action to minimize duplication.'' [49 U.S.C. 
5116(h)]
    Based on consultation between our respective Committee 
staffs, I understand that you are willing to include such 
language in H.R. 1020 by means of the managers' amendment. On 
the basis of that understanding, the Committee on 
Transportation and Infrastructure will not proceed with any 
formal consideration of H.R. 1020. My action here is not 
intended to waive the Committee's jurisdiction over this 
matter, and should this legislation go to a House-Senate 
conference, the Committee on Transportation and Infrastructure 
will request to be included as conferees on any provisions 
within the Committee's jurisdiction.
    With kind personal regards, I am
            Sincerely,
                                             Bud Shuster, Chairman.
                                ------                                

                          House of Representatives,
                                     Committee on Commerce,
                                Washington, DC, September 18, 1995.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure, Rayburn House 
        Office Building, Washington, DC.
    Dear Mr. Chairman: Thank you for your letter of September 
15, 1995 concerning the sequential referral of a bill ordered 
reported by the Committee on Commerce, H.R. 1020, the Nuclear 
Waste Policy Act of 1995. I appreciate your assistance in 
expediting House consideration of this legislation without 
requiring formal consideration of H.R. 1020 by the Committee on 
Transportation and Infrastructure.
    As you outlined in your letter, it does seem advisable to 
include in the bill a directive to the agencies involved, 
including the Department of Energy and the Department of 
Transportation, to avoid duplication of effort in their 
emergency response and safety training activities. This was 
certainly the intent of the Committee in reporting the bill, 
and I will be happy to make whatever modifications are needed 
to ensure that the relevant language is clear in this regard. 
Therefore, I will include the language recommended in your 
letter in the managers' amendment to be offered to H.R. 1020 
when it is considered by the House.
    Additionally, I will be pleased to support your request to 
be included as conferees on those provisions of Title II within 
the railroad and hazardous materials transportation 
jurisdiction of the Committee on Transportation and 
Infrastructure.
    Thank you for your helpful suggestions and cooperation in 
this matter.
            Sincerely,
                                   Thomas J. Bliley, Jr., Chairman.

             Section-by-Section Analysis of the Legislation

Sec. 1. Amendment of Nuclear Waste Policy Act of 1982

    This section amends the Nuclear Waste Policy Act of 1982 to 
read as follows:

Sec. 1. Short Title; Table of Contents

    The Act's short title is the ``Nuclear Waste Policy Act of 
1995.''

Sec. 2. Definitions

    This section provides definitions.

Sec. 3. Findings and purpose

    This section provides findings and purposes.

                          title i--obligations

Sec. 101. Obligations Of The Secretary Of Energy

    This section states the obligations of the Department of 
Energy (DOE) under the bill. First, the DOE is charged with 
developing and operating a repository for the permanent 
disposal of spent nuclear fuel and high-level radioactive 
waste. Second, DOE is directed to begin acceptance of spent 
fuel and waste for storage at an interim storage facility no 
later than January 31, 1998. Third, DOE is obligated to provide 
for the transportation of spent fuel and waste to the interim 
storage facility and repository. Fourth, DOE is required to 
expeditiously pursue development of each component of the 
integrated management system. This legislation will not affect 
the course of pending litigation regarding whether DOE had a 
legal obligation under the 1982 Act or the Standard Contract to 
commence acceptance of spent fuel and waste in 1998, since 
these obligations are prospective.

                 title ii--integrated management system

Sec. 201. Railroad

    Subsection (a) directs DOE to develop and commence 
operation of a rail spur originating in Lincoln County, Nevada 
to the interim storage facility site in the Nevada Test Site. 
Under the legislation, this rail spur will be operational by 
2002. DOE is charged with acquiring rights-of-way within the 
corridor designated in subsection (b) and to construct and 
operate, or cause to be constructed and operated, a railroad 
and such facilities as are required to transport spent nuclear 
fuel and high-level radioactive waste from existing rail 
systems to the interim storage facility site and repository.
    Subsection (b) requires DOE to acquire rights-of-way and 
develop facilities within the Caliente Route. This is a change 
from the route in H.R. 1020 as introduced, which would have run 
through the City of Las Vegas and through two wilderness study 
areas. DOE is instructed to consider specific alignment 
proposals from the State of Nevada and units of local 
government within whose jurisdiction the route passes. The map 
cited in this section has the same force and effect as if 
included in the bill.
    Subsection (c) provides that public lands are withdrawn, 
administration is transferred from the Department of the 
Interior to DOE, lands are reserved for the use of DOE for the 
construction and operation of transportation facilities, and 
DOE is authorized to enter into a Memorandum of Understanding 
with any other departments having administrative jurisdiction 
over other Federal lands used for purposes of the corridor 
referred to in this section.
    Under subsection (d), route designation and land 
acquisition are not subject to judicial review and are not 
major Federal actions for purposes of the National 
Environmental Policy Act of 1969 (NEPA), but an environmental 
impact statement (EIS) must be completed before construction 
and operation of the rail spur. In preparing the EIS, DOE is 
directed to not consider the need for the development or 
improvement of transportation facilities, the timing of the 
initial availability of the facilities, alternative routes, or 
alternative means of transportation.
    Subsection (e) provides that no court may enjoin 
construction of the transportation facilities except upon entry 
of a final order that the construction is not in accord with 
the provisions of applicable law.
    Subsection (f) states that neither DOE nor any person 
constructing or operating railroad facilities under contract 
with DOE will be considered a rail carrier or be subject to the 
jurisdiction of the Interstate Commerce Commission.
    Subsection (g) directs DOE to utilize heavy-haul truck 
transport to move spent nuclear fuel and high-level radioactive 
waste from the mainline rail line at Caliente, Nevada, to the 
interim storage facility site until rail access is available. 
Under the legislation, rail access will be available by 2002. 
DOE is required to commence rail to truck intermodal transfer 
at Caliente, Nevada no later than January 31, 1998. DOE is 
charged with acquiring lands and rights-of-way necessary to 
begin intermodal transfer at Caliente, Nevada. DOE is obligated 
to acquire, develop, 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. The map 
cited in this subsection has the same force and effect as if 
included in the bill.
    Under the Atomic Energy Act, commencement of intermodal 
transfer does not require licensing by the Nuclear Regulatory 
Commission (NRC). Currently, the NRC does not have authority 
over these intermodal transfer activities, consistent with 
section 202 of the Energy Reorganization Act of 1974. 
Intermodal transfer by private parties is currently permitted 
by a general license under 10 CFR Part 70.20a(a) authorizing 
any person to possess spent fuel ``in the regular course of 
carriage for another or storage incident thereto.'' A general 
license is ``effective without the filing of applications with 
the [NRC] or the issuance of licensing documents to particular 
persons'' under 10 CFR Part 70.18. As long as the shipper meets 
the standards specified in the general license, no specific NRC 
licensing authority is required. The Committee intends that DOE 
and its contractors will conduct transportation activities in 
like manner as private parties, in accordance with the 
requirements of the general license.
    Because intermodal transfer will take place consistent with 
the requirements of the general license, NRC has no further 
responsibilities under NEPA with respect to such activities. 
The NRC satisfied its NEPA obligations in conjunction with the 
rulemaking that issued the general license. So long as the 
terms of the general license are satisfied, no additional 
environmental review need be performed by the NRC. The EIS 
prepared in conjunction with NRC licensing of the interim 
storage facility will address the environmental impacts of the 
commencement of intermodal transfer at Caliente, Nevada as well 
as the required improvements to existing roadways selected for 
heavy-haul transport between Caliente and the interim storage 
facility site. It is the Committee's intent that DOE's actions 
to develop intermodal transfer and upgrade roadways not be 
preceded by any NEPA review.
    Subsection (h) requires the NRC to enter into a Memorandum 
of Understanding with the City of Caliente, Nevada and Lincoln 
County, Nevada to provide advice to the NRC regarding 
intermodal transfer and to facilitate onsite representation.

Sec. 202. Transportation planning

    Subsection (a) charges DOE with taking necessary and 
appropriate actions to ensure that DOE is able to accept spent 
nuclear fuel and high-level radioactive waste beginning not 
later than January 31, 1998, and transport such spent fuel or 
waste to mainline transportation facilities for transport to 
the interim storage facility. DOE is directed to develop a 
logistical plan to assure DOE's ability to transport spent fuel 
and waste. Subsection (b) requires that DOE update and modify 
existing transportation plans to ensure that institutional 
issues are addressed and resolved in order to support the 
commencement of transportation no later than January 31, 1998.

Sec. 203. Transportation requirements

    Subsection (a) provides that no spent nuclear fuel or high-
level radioactive waste may be transported except in packages 
certified for such purpose by the NRC. The availability of NRC-
certified packages will have a significant effect on the 
acceptance of spent fuel and waste by DOE. For example, if no 
package is certified by the NRC to transport a particular 
shipment of spent fuel or waste, that shipment will not be 
transported.
    Subsection (b) directs DOE to abide by NRC regulations 
regarding advance notification of State and local governments 
prior to transport. Subsection (c) requires DOE to provide 
technical assistance and funds to States, affected units of 
local governments, and Indian tribes through whose jurisdiction 
DOE plans to transport substantial amounts of spent nuclear 
fuel or high-level radioactive waste for training for public 
safety officials of appropriate units of local governments. 
Subsection (d) obligates DOE to utilize private carriers to the 
fullest extent possible to provide for transportation of spent 
fuel and waste.
    Subsection (e) provides that title to spent nuclear fuel or 
high-level radioactive waste transfers with acceptance, which 
is defined as the act of taking possession. In this manner, 
title for spent fuel and waste will transfer at the contract 
holders' designated sites, where DOE accepts possession and 
commences transport.
    In all other respects, transport of spent fuel and waste 
will be governed by applicable provisions of the Hazardous 
Materials Transportation Act of 1975.

Sec. 204. Interim storage

    This section provides the means for DOE to meet its 
obligation to begin acceptance of spent nuclear fuel and high-
level radioactive waste in 1998. It accomplishes this by 
directing DOE to develop a phased interim storage facility, by 
providing for construction of the facility during the NRC 
licensing proceeding, by focusing NEPA review, and by barring 
preliminary injunctions on construction or operation of the 
interim storage facility. The facility will be located at the 
interim storage facility site, which is defined in section 
2(17) as the specific site within Area 25 of the Nevada Test 
Site (NTS) designated by DOE and withdrawn and reserved in 
accordance with the bill. The Committee selected the location 
of the interim storage facility out of recognition that the 
Nuclear Waste Negotiator and DOE have failed to identify a site 
and it is unlikely that merely directing DOE to engage in 
another siting process will meet with success.
    The Committee's decision to locate the interim storage 
facility within Area 25 of the NTS is based on several factors. 
First, there is extensive data available concerning the 
characteristics of the NTS, which indicate that the NTS is an 
appropriate location for an interim storage facility. Second, 
there is a significant environmental baseline at the NTS that 
will facilitate preparation of the environmental review to 
support the license application. Third, if a repository is 
developed at Yucca Mountain, location of the interim storage 
facility at the NTS will minimize the impacts of the 
transportation of spent nuclear fuel and high-level radioactive 
waste from reactor sites to the facilities comprising the 
integrated management system.
    The interim storage facility is not exclusively dedicated 
to acceptance of spent fuel and waste from civilian nuclear 
power reactors, and DOE is authorized to accept spent fuel and 
waste from atomic energy defense activities and foreign 
research reactors. This section addresses the only potential 
safety issue relating to interim storage by providing for early 
acceptance of spent fuel and waste from permanently closed 
civilian nuclear power reactors. The section incorporates 
safeguards to prevent the interim storage facility from 
becoming a permanent facility, through capacity limits on 
storage and limits on the term of the license for both phases 
of the facility.
    Subsection (a) authorizes DOE to design, construct, and 
operate a facility for the interim storage of spent nuclear 
fuel and high-level radioactive waste. The facility will be 
subject to licensing under the Atomic Energy Act of 1954 in 
accordance with the NRC's regulations governing the licensing 
of independent spent fuel storage installations and will 
commence operation in phases by January 31, 1998. Current 
provisions of 10 CFR Part 72 provide the same health and safety 
standards for the licensing of a monitored retrievable storage 
facility as a private interim storage facility. The interim 
storage facility will be designed to store spent fuel from 
civilian nuclear power reactors until DOE is able to transfer 
such spent fuel to the repository.
    By requiring that the NRC license the interim storage 
facility under its regulations governing the licensing of 
independent spent fuel storage facilities, the Committee does 
not intend to prevent the NRC from modifying its existing 
licensing regulations as it deems necessary and appropriate to 
provide for licensing of the interim storage facility in 
accordance with the provisions of the bill. The bill would not 
prevent the NRC from amending the general licensing provisions 
of Part 72, Subpart K to authorize the use at the interim 
storage facility of storage systems approved for use under the 
general license if the NRC deems it appropriate to do so.
    Subsection (b) provides that the interim storage facility 
be designed to provide for the use of storage technologies 
licensed or certified by the NRC to ensure compatibility 
between the interim storage facility and contract holders' 
spent nuclear fuel and facilities and to facilitate the ability 
of DOE to fulfill its obligations under the bill. The Committee 
expects that the design of the first phase will be determined 
by DOE in order to ensure commencement of operations by January 
31, 1998. The Committee intends that DOE discuss compatibility 
issues with contract holders prior to designing the interim 
storage facility, and that such discussions continue as 
necessary to assure compatibility between the interim storage 
facility and contract holders' spent fuel and waste.
    The Committee adopted a phased approach to the interim 
storage facility in order to achieve acceptance of spent 
nuclear fuel and high-level radioactive waste by January 31, 
1998. Subsection (c) directs DOE to submit two license 
applications for an interim storage facility, for the first and 
second phase of the facility. The NRC is required to license 
the interim storage facility in phases in order to commence 
operations no later than January 31, 1998. For purposes of NEPA 
review, the first and second phase of the facility are to be 
considered separate facilities.
    The Committee anticipates that the first phase of the 
facility will be modeled on existing independent spent fuel 
storage installations (ISFSIs) licensed by the NRC under 
existing regulations. The first phase facility will be a simple 
storage facility, consisting primarily of a concrete pad and 
storage systems similar to those used at licensed ISFSIs at 
reactor sites. Due to the limited design of the first phase of 
the interim storage facility, it may be necessary for DOE to 
restrict the acceptance of spent nuclear fuel and high-level 
radioactive waste to spent fuel and waste that can be 
transported to the facility in transportable storage systems. 
DOE is required to submit the first phase license application 
within 12 months of the date of enactment, and the NRC is 
directed to grant or deny the license application no later than 
16 months from its submittal. The Committee believes these 
milestones are achievable. The NRC has licensed seven 
independent spent fuel storage installations since 1986, and no 
change in NRC regulations are needed in order to license the 
first phase. The term of the license issued for the first phase 
will be 20 years. The capacity of the first phase will not 
exceed 10,000 metric tons uranium (MTU).
    The Committee expects that the second phase may involve a 
facility that is different from the independent spent fuel 
storage installations constructed and licensed in the past. The 
bill does not establish milestones for the submission of the 
license application for the second phase, or for NRC action on 
the application. However, the Committee expects that DOE will 
submit a license application for the second phase and the NRC 
will act expeditiously on the license application, in order to 
assure the second phase is operational before the capacity 
limit of the first phase is reached, which could occur as early 
as 2002. The second phase capacity of 40,000 MTU is not in 
addition to the 10,000 MTU capacity for the first phase, and 
the total capacity of both phases of the interim storage 
facility is 40,000 MTU. The initial term of the second phase 
license will be 100 years, and be renewable for additional 
terms. The Committee adopted capacity limits on both phases of 
the interim storage facility, and imposed limited terms, in 
order to assure that the interim storage facility does not 
become a de facto permanent repository. By limiting the 
capacity and license term for the interim storage facility, the 
Committee preserves the central importance of a repository.
    Subsection (d) authorizes DOE to commence site preparation 
for the interim storage facility as soon as practicable after 
the date of enactment of this bill and directs DOE to commence 
construction of the first phase subsequent to submittal of the 
license application for the first phase. However, the NRC is 
directed to issue an order suspending such construction if it 
determines construction poses an unreasonable risk to public 
health and safety or the environment. The Committee believes 
this provision appropriately balances the need to facilitate 
DOE's ability to begin acceptance in 1998 with the need to 
assure protection of public health and safety and the 
environment. It is important to authorize construction of the 
first phase during NRC licensing in order to achieve acceptance 
of spent nuclear fuel and high-level radioactive waste by 
January 31, 1998. It is unlikely the NRC will deny the license 
application for the first phase, since the first phase will be 
modeled on existing facilities that have been licensed seven 
times since 1986.
    DOE is also authorized by this subsection to utilize and 
facility owned by the Federal government at the interim storage 
facility site on the date of enactment of this legislation in 
connection with an imminent and substantial endangerment to 
public health and safety. This provision is intended to 
authorize DOE to use an existing Engine-Maintenance and 
Disassembly (E-MAD) facility to handle individual spent nuclear 
fuel assemblies as needed. DOE's determination that use of the 
E-MAD facility is necessary and consistent with the stated 
standard is committed to DOE's sole discretion and is not 
subject to judicial review. Further, the NRC has no licensing 
or oversight authority with respect to the use of the E-MAD 
facility in connection with an imminent and substantial 
endangerment to public health and safety, and DOE need not 
prepare any documentation under NEPA prior to using the E-MAD 
facility.
    In addition, subsection (d) authorizes DOE to accept spent 
nuclear fuel or high-level radioactive waste from civilian 
nuclear power reactors which have permanently ceased operation, 
notwithstanding the age of the spent fuel or waste, and from 
foreign research reactors as necessary to promote 
nonproliferation once the acceptance rate provided by existing 
contracts between DOE and utilities has been achieved. The 
acceptance rate provided by the contracts is that incorporated 
in the DOE Annual Capacity Report of March 1995, namely 400 MTU 
in the first year of acceptance, 600 MTU in the second year, 
and 900 MTU beginning in the third year. The annual acceptance 
rate provided by the bill is much higher--1,200 MTU in the 
first and second years, and rising to 2,000 MTU in the third 
and fourth years, 2,700 MTU in the fifth year, and 3,000 
beginning in the sixth year. This subsection grants DOE 
discretion to accept spent fuel or waste from permanently 
closed civilian nuclear power reactors, notwithstanding the age 
of the spent fuel or waste, and foreign research reactors once 
the lower acceptance rate in the contracts has been achieved.
    The Committee expects that DOE will consider a variety of 
factors, including safety and costs, in the exercise of this 
discretion. This grant of discretionary authority to DOE will 
not prevent acceleration of the contract acceptance rate, 
because the acceptance rate in this bill is substantially 
higher than the rate in the contracts. Currently, the total 
amount of spent fuel and waste at permanently closed civilian 
nuclear power reactors is 1,147 MTU, and the amount of spent 
fuel and waste from foreign research reactors currently in the 
United States is 20 MTU. The Committee does not expect that DOE 
will accept the total amount of spent fuel and waste at 
permanently closed civilian nuclear power reactors after 
commencement of acceptance at an interim storage facility, and 
expects the contract acceptance rate will be accelerated.
    Subsection (e) provides that DOE's actions under this 
section, including selection of a site for the interim storage 
facility, preparation and submission of license applications, 
and construction and operation of any facility be considered 
preliminary decisionmaking activities and do not require the 
preparation of an EIS or environmental review under NEPA. A 
final decision by the NRC to grant or deny a license 
application for the first or second phase of the interim 
storage facility will be accompanied by an EIS. The intent of 
the Committee is to treat DOE in the same manner as a private 
party for purposes of the license application, while assuring 
that an EIS is prepared by the NRC.
    The purpose of NEPA is to assure that Federal officials, in 
the exercise of their authority, consider environmental impact. 
The subsection directs the NRC in the preparation of the EIS on 
the interim storage facility to assume the capacity of the 
facility will be 40,000 MTU, analyze transportation impacts in 
a generic manner, and not consider the need for the interim 
storage facility, the time of its initial availability, 
alternatives to the interim storage facility, alternatives to 
the facility site, alternative designs, and environmental 
impacts beyond the initial term of the license.
    Subsection (f) provides that no court can enjoin 
construction of the interim storage facility prior to its final 
decision on review of the NRC's licensing action.
    Subsection (g) states that DOE's obligation to construct 
and operate the interim storage facility and develop an 
integrated management system provides sufficient and 
independent grounds for any further findings by the NRC of 
reasonable assurance that spent nuclear fuel and high-level 
radioactive waste will be disposed of safely and in a timely 
manner.
    Subsection (h) directs the NRC to establish criteria for 
issuance of a license amendment authorizing storage of spent 
nuclear fuel or high-level radioactive waste from atomic energy 
defense activities at the interim storage facility and directs 
DOE to seek such a license amendment. After receiving a license 
amendment, DOE is authorized to accept spent fuel and waste 
from atomic energy defense activities once the acceptance rate 
provided by existing contracts between DOE and utilities has 
been achieved. The Committee recognizes that the vast majority 
of high-level radioactive waste from atomic energy defense 
activities must be treated before it can be transported to the 
interim storage facility or the repository, and that 
transportation of treated waste is not expected until after 
repository operation has commenced. The Committee believes it 
is more likely DOE will accept spent fuel from atomic energy 
defense activities for storage at an interim storage facility, 
such as fuel from naval activities. At present, there is 10 MTU 
of Navy spent fuel, and an additional quantity of 55 MTU is 
projected to be produced through 2035. The Committee believes 
the grant of discretionary authority to DOE in the subsection 
will not impede the acceleration of the contract acceptance 
rate for spent fuel and waste.
    Subsection (i) is a savings clause that preserves 
regulations adopted by the NRC under section 218 of the Nuclear 
Waste Policy Act of 1982 relating to dry storage of spent 
nuclear fuel at the sites of civilian nuclear power reactors. 
The NRC promulgated a general license authorizing that storage 
of spent nuclear fuel and high-level radioactive waste at 
reactor sites in storage technology approved for use under the 
general license. This savings clause is intended to clarify 
that the general license will remain in effect subsequent to 
the date of enactment, notwithstanding the fact that the 
authorizing provisions of the Nuclear Waste Policy Act of 1982 
are no longer effective.

Sec. 205. Permanent disposal

    This section provides for the development and operation of 
a repository for the permanent disposal of spent nuclear fuel 
and high-level radioactive waste by 2010. As such, it 
recognizes that repository operation in 1998, as provided by 
the Nuclear Waste Policy Act of 1982, cannot be accomplished. 
The section relies to a large extent on the program approach 
announced by DOE in 1994, which envisions a determination of 
site suitability in 1998, a license application to dispose of 
spent fuel and waste at the repository in 2001, licensing in 
2004, and repository operation in 2010. The section establishes 
a radiation release standard based on the standard adopted by 
the NRC for independent spent fuel storage installations and 
other facilities, a standard that can be revoked by the NRC if 
it poses an unreasonable risk to health and safety. The section 
also provides for focused NEPA review of the repository in 
preparation of the EIS.
    Subsection (a) revokes guidelines promulgated by DOE and 
published at 10 CFR Part 960. These regulations were 
promulgated to govern comparison of the suitability of multiple 
potential repository sites, as provided by section 112(a) of 
the Nuclear Waste Policy Act of 1982. Since this provision does 
not continue in effect under this bill and characterization of 
multiple repository sites was terminated by the Nuclear Waste 
Policy Amendments Act of 1987, reliance on the guidelines is no 
longer appropriate. The subsection directs DOE to carry out 
site characterization activities in accord with the program 
approach, as modified to reflect the revocation of the 
guidelines. The subsection requires DOE to apply to the NRC no 
later than December 31, 2001 for authorization to construct a 
repository that will commence operation no later than January 
17, 2010. The subsection provides that DOE will terminate site 
characterization if DOE determines the Yucca Mountain site 
cannot satisfy NRC regulations. The subsection also charges DOE 
with seeking to maximize the repository capacity.
    Subsection (b) directs the NRC to amend its regulations 
governing disposal of spent nuclear fuel and high-level 
radioactive waste in geologic repositories to comply with this 
bill. The subsection would establish a three-step licensing 
process for the repository. First, DOE would apply for 
authorization to construct a repository. The bill provides that 
the NRC grant a construction authorization for the repository 
if there is reasonable assurance that spent fuel and waste can 
be disposed of in the repository in conformity with DOE's 
application, provisions of this bill and NRC regulations; 
without unreasonable risk to the public health and safety; and 
consistent with the common defense and security.
    Second, DOE would apply for a license to dispose of spent 
fuel and waste in the repository. The NRC is directed to issue 
a license to dispose of spent fuel and waste in the repository 
if it determines the repository has been constructed and will 
operate in conformity with DOE's application, provisions of 
this bill, and NRC regulations; without unreasonable risk to 
the public health and safety; and consistent with the common 
defense and security.
    Third, DOE would apply for a license amendment authorizing 
permanent closure of the repository. DOE is required to apply 
to the NRC to amend the license to permit permanent closure of 
the repository after emplacing spent nuclear fuel and high-
level radioactive waste in the repository and collecting 
confirmatory data. The NRC is obligated to grant such license 
amendment if there is reasonable assurance that the repository 
can be permanently closed in conformity with DOE's application, 
provisions of this bill, and NRC regulations; without 
unreasonable risk to the public health and safety; and 
consistent with the common defense and security. Under 
paragraph (4), DOE is directed to 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 breaching the repository's 
barriers or increasing radiation exposure. This provision, in 
conjunction with subsection (d)(2), is intended to preclude 
controversy concerning the actions DOE must take, and the 
findings the NRC must make, with respect to the post-closure 
period.
    Subsection (c) provides that the NRC's regulations permit 
modification of the repository licensing procedure in the event 
DOE seeks a license to permit emplacement in a repository, on a 
retrievable basis, or only that quantity of spent nuclear fuel 
or high-level radioactive waste necessary to provide DOE with 
sufficient confirmatory data on repository performance to 
reasonably confirm the basis for repository closure consistent 
with applicable regulations.
    Subsection (d) attempts to resolve an issue that has been 
controversial since enactment of the Nuclear Waste Policy Act 
of 1982--the standard that should be applied by the NRC in 
determining whether the public is adequately protected from 
releases of radioactive materials or radioactivity from the 
repository. Given the controversial nature of this issue, the 
Committee determined to provide explicit direction to the NRC. 
This subsection revokes the authority of the Environmental 
Protection Agency to promulgate standards for protection of the 
public from releases of radioactive materials or radioactivity 
from the repository, and any standards existing on the date of 
enactment of this legislation are not incorporated in the NRC's 
licensing regulations. The NRC's repository licensing 
determinations will be based solely on a finding whether the 
repository can be operated in conformance with the overall 
system performance standard established in paragraph (1)(A) and 
applied in accordance with paragraph (1)(B). The NRC will amend 
its regulations to incorporate the standards in those 
paragraphs.
    Paragraph (1)(A) establishes an overall system performance 
standard for protection of the public from release of 
radioactive material or radioactivity from the repository. 
Under this subparagraph, a licensing decision by the NRC will 
be based on compliance with the overall system performance 
standard, not the performance of individual subsystems. The 
standard will prohibit releases that would expose an average 
member of the general population in the vicinity of the Yucca 
Mountain site to an annual dose in excess of 100 millirems 
unless the NRC determines by rule that such standard would 
constitute an unreasonable risk to health and safety and 
establishes by rule another standard which will protect health 
and safety. The 100 millirem dose standard is equivalent to the 
annual dose an individual receives from natural sources less 
the exposure to radon, which varies considerably depending on 
location. This standard has been endorsed by the International 
Commission on Radiation Protection. Significantly, this bill 
permits the NRC to strike the standard in lieu of a new 
standard, but only if the NRC determines the 100 millirem 
standard poses an unreasonable risk to health and safety and 
proposes a new standard.
    Paragraph (1)(B) provides for application of the overall 
system performance standard. The paragraph directs the NRC to 
issue a license to dispose of spent nuclear fuel and high-level 
radioactive waste in the repository if it finds reasonable 
assurance that (i) for the first 1,000 years following 
commencement of repository operations, a determination whether 
the standard will be met will be based on a deterministic or 
probabilistic evaluation; and (ii) for the period commencing 
after the first 1,000 years of repository operations and 
terminating 10,000 years after the commencement of repository 
operations, there is likely to be compliance with the standard 
based on regulatory insight gained through use of a 
probabilistic integrated performance model. A deterministic 
evaluation makes assumptions designed to define the maximally 
exposed individual or group under credible worst case 
circumstances. By contrast, a probabilistic evaluation uses 
statistical techniques to compute a large number of possible 
exposure scenarios and then predicts the average expected 
exposure to an individual or group; it does not assume that any 
specific scenario will actually occur. While a probabilistic 
analysis is more realistic, a deterministic analysis is more 
conservative. The Committee grants NRC the discretion to choose 
either method of determining compliance with the overall system 
performance standard during the first 1,000 years following 
commencement of repository operations. However, the Committee 
specified use of probabilistic evaluation during the second 
period, from 1,000 to 10,000 years following commencement of 
repository operations, out of recognition of the greater 
uncertainties involved in predicting geological and climatic 
events, as well as human behavior, all of which affect 
repository performance, over the much longer time period. For 
those reasons, use of probabilistic analysis is more 
appropriate.
    Paragraph (2) instructs the NRC to assume that, after 
repository closure, the inclusion of engineered barriers and 
DOE's post-closure actions at the Yucca Mountain site will be 
sufficient to prevent both any human activity that poses an 
unreasonable risk of breaching the repository's barriers and 
any increase in radiation exposure. This paragraph is closely 
related to subsection (b) of this section, which directs DOE to 
take those actions necessary and appropriate to prevent post-
closure actions that pose an unreasonable risk of breaching the 
repository's barriers or increasing radiation exposure.
    Subsection (e) provides that construction and operation of 
the repository will be considered a major Federal action 
significantly affecting the quality of the human environment 
for purposes of NEPA review. DOE is charged with submitting an 
EIS with the application for construction authorization. For 
purposes of complying with this subsection, DOE need not 
consider the need for the repository, alternative sites or 
designs, the time of initial availability, or any alternatives 
to isolation of spent nuclear fuel and high-level radioactive 
waste in a repository. This approach to NEPA review reflects 
that fact that Federal officials lack discretionary authority 
over such matters, since they are requirements of the bill. The 
NRC is directed to adopt the EIS submitted by DOE to the extent 
practicable in its consideration of a construction 
authorization, license application, and license amendment.
    Subsection (f) provides that no court has jurisdiction to 
enjoin issuance of the NRC repository licensing regulations 
prior to its final decision on review of such regulations.

Sec. 206. Land withdrawal

    Subsection (a) provides that public lands at the interim 
storage facility site and Yucca Mountain site are withdrawan, 
jurisdiction of any land within the sites managed by the 
Secretary of the Interior or any other Federal officer is 
transferred to DOE, and lands at the sites are reserved for the 
use of DOE for the construction and operation of the interim 
storage facility and repository. Subsection (b) establishes the 
boundaries of the interim storage facility site and Yucca 
Mountain site, by reference to maps on file with DOE. The 
subsection provides that the maps and legal descriptions will 
have the same force and effect as if they were included in this 
bill.

Sec. 207. Private storage facilities

    Subsection (a) provides that the NRC will review any 
license application for an independent spent fuel storage 
installation not located at the site of a civilian nuclear 
power reactor and issue a license at the earliest practicable 
date. Subsection (b) directs DOE to encourage efforts to 
develop private facilities for the storage of spent nuclear 
fuel, by providing information and assistance. DOE is charged 
with cooperating with developers of such facilities in order to 
assure compatibility between such facilities and the integrated 
management system. Subsection (c) states that development of 
private facilities for the storage of spent fuel or high-level 
radioactive waste would not relieve DOE of the obligations 
under this bill.

                  title ii--state and local relations

Sec. 301. Financial assistance

    Subsection (a) instructs DOE to make grants to the State of 
Nevada and any affected unit of local governments for purposes 
of enabling such State or affected unit of local government to 
review activities taken with respect to the Yucca Mountain 
site; to develop a request for impact assistance; to engage in 
monitoring, testing, or evaluation activities; to provide 
information to Nevada residents regarding any activities of 
such State, DOE, or the NRC with respect to such site; and to 
request information from, and make comments and recommendations 
to, DOE regarding any activities taken with respect to such 
site.
    Under subsection (b), ordinary salary and travel expenses 
incurred by the State of Nevada and affected units of local 
government are ineligible for funding. Subsection (c) directs 
DOE to offer financial and technical assistance to mitigate the 
impact of development of the integrated management system on 
the State or affected units of local government. Subsection (d) 
provides for payments in lieu of taxes to the State of Nevada 
and affected units of local government. Such grants will be 
terminated when all activities, development, and operations at 
such site are terminated or permanently enjoined by any court.

Sec. 302. State consultation

    Subsection (a) obligates DOE, the NRC, and other agencies 
to provide to the Governor and legislature of the State of 
Nevada timely and complete information regarding the integrated 
management system. DOE is required to provide written responses 
to written requests by the Governor or legislature for 
information. The Governor or legislature may transmit a formal 
written objection to the President or the Secretary if DOE does 
not respond to a written request for information. If the 
President or Secretary fail to respond after receipt of this 
written objection, DOE is required to suspend all activities in 
Nevada authorized by this bill.
    Subsection (b) directs DOE to consult and cooperate with 
the Governor and legislature of the State of Nevada and with 
the Board of Nye County Commissioners in an effort to resolve 
public concerns about activities authorized by this bill. DOE 
is charged with taking such concerns into account to the 
maximum extent feasible and as specified in written agreements. 
Under subsection (c), written agreements established under 
section 117(c) of the Nuclear Waste Policy Act of 1982 are 
continued in effect. Subsection (d) obligates DOE to offer an 
opportunity to the State of Nevada and units of local 
government within whose jurisdiction the interim storage 
facility and repository are located an opportunity to designate 
a representative to conduct on-site oversight activities.

Sec. 303. Benefits agreements

    Subsection (a) direct DOE to offer to enter into separate 
agreements with the State of Nevada; Nye County, Nevada; and 
Lincoln County, Nevada concerning the integrated management 
system. Subsection (b) provides that the agreements may be 
amended only with the mutual consent of the parties to the 
amendments, and only terminated in accordance with subsection 
(c). under subsection (c), such agreements will terminate if 
any element of the integrated management system cannot be 
completed. Subsection (d) provides that there may be one 
agreement each for the State of Nevada; Nye County, Nevada; and 
Lincoln County, Nevada. Decisions by DOE under this section are 
not subject to judicial review subsection (c).

Sec. 304. Content of agreements

    Subsection (a) establishes a schedule for the payment of 
benefits to the State of Nevada; Nye County, Nevada; and 
Lincoln County, Nevada under benefits agreements authorized by 
section 303. Under this schedule, annual payments to the State 
prior to first receipt of spent fuel will be $5 million and 
annual payments to Nye County and Lincoln County prior to first 
receipt of spent fuel will be $2.5 million. Upon first spent 
fuel receipt, annual payments to the State will be $10 million 
and annual payments to Nye County and Lincoln County will be $5 
million. Thereafter, until closure of the interim payments to 
Nye County and Lincoln County will be $5 million. Thereafter, 
until closure of the interim storage facility and repository, 
and annual payments to the State will be $10 million and annual 
payments to Nye County and Lincoln County will be $5 million. 
The subsection clarifies that payments under benefits 
agreements are in addition to other payments to the State of 
Nevada or affected units of local government provided by this 
bill. Payment of benefits to Lincoln County will cease after 
fifteen years. If, however, the rail system is not completed 
within the timeframe expected by the Committee, it is the 
Committee's anticipation that the payment of benefits to 
Lincoln County would be extended to mitigate the additional 
impact of shipping spent fuel exclusively by heavy-haul truck.
    This subsection also provides that the State of Nevada will 
transfer an amount equal to not less than one-third of the 
amount of such payment to affected units of local government in 
Nevada. A plan for such transfer will be included in the 
benefits agreement between DOE and the State of Nevada. Any 
disputes regarding the transfer plan will be resolved by DOE.
    Under subsection (b), the benefits agreements will provide 
for the sharing of information, commenting on development of 
the integrated management system and on documents, and waiving 
rights to impact assistance under sections 301(a) and (c). 
According to subsection (c), the signature of the Secretary on 
a valid benefits agreement under section 303 will constitute a 
commitment by the United States to make payments consistent 
with the agreement.
    The Committee anticipates that DOE will structure benefits 
agreements to address those concerns raised by the Department's 
report to Congress pursuant to section 175 of the Nuclear Waste 
Policy Act of 1982. In that report, the Department was required 
to examine potential impacts of locating a repository at the 
Yucca Mountain site and associated activities, including 
impacts on education, public health, law enforcement, fire 
protection, medical care, cultural needs, transfer of public 
lands, vocational training, social services, transportation, 
accident management training, availability of energy, and 
tourism and economic development. The Department is expected to 
take these considerations into account in establishing benefits 
agreements with the various parties.

Sec. 305. Review panel

    Subsection (a) establishes a Review Panel consisting of 
seven members, one selected by the State of Nevada, two by 
affected units of local government, one by the Board of Nye 
County Commissioners, one by the Board of Lincoln County 
Commissioners, one by persons paying fees under section 401 of 
this bill, and one by the Secretary. Under subsection (b), the 
chairman of the Review Panel will be selected by members of the 
Panel. Subsection (c) sets the terms for members of the panel 
at four years, and provides for per diem compensation and 
expenses. Subsection (d) establishes the duties of the Review 
Panel, namely advising DOE on matters relating to the 
integrated management system, evaluating performance of the 
system, recommending corrective actions, assisting in 
presentation of State and local perspectives to DOE, and 
participating planning.

Sec. 306. Consideration in siting facilities

    DOE is charged with giving special consideration to 
proposals from the State of Nevada in siting Federal research 
projects.

Sec. 307. Acceptance of benefits

    Subsection (a) provides that acceptance or use of benefits 
under this title will not be deemed to be an expression of 
consent to the siting of an interim storage facility or 
repository in the State of Nevada, notwithstanding any 
provision of the Constitution of the State or any law thereof. 
Subsection (b) bars the United States and other entities from 
asserting any argument based on legal or equitable estoppel 
premised upon or related to acceptance or use of benefits under 
this title. Under subsection (c), no liability may accrue to 
the State of Nevada, its Governor, any official thereof, or any 
official of any governmental unit thereof, premised solely upon 
acceptance or use of benefits under this title.

Sec. 308. Restriction on use of funds

    This section prohibits the use of funds under this title to 
influence legislative action, for any lobbying activity, for 
litigation, or to support multistate efforts or coalition-
building activities inconsistent with the purposes of this 
bill.

                   TITLE IV--FUNDING AND ORGANIZATION

    Title IV makes a number of significant changes to program 
funding. First, by adjusting the annual fee to match 
appropriations, electric consumers will no longer pay far more 
into the Nuclear Waste Fund than they receive in program 
funding. Electric consumers will receive a dollar of funding 
for every dollar of contribution.
    Second, by authorizing averaging of the annual fee, the 
title provides necessary flexibility to achieve the new 
responsibilities imposed by this bill. By directing DOE to 
construct an interim storage facility and begin acceptance of 
spent nuclear fuel and high-level radioactive waste by 1998, 
this bill accelerates construction of the rail spur and 
purchase by DOE of systems and components for storage, 
transportation, or disposal of spent fuel and waste, which will 
cost hundreds of millions of dollars. The Committee believes 
that averaging the annual fee is needed to maintain a vigorous 
repository characterization program. One of the obligations of 
DOE under this bill is to develop and operate a repository for 
the permanent disposal of spent fuel and waste. The DOE program 
approach, which is endorsed by this bill, is focused on 
developing a repository by 2010. To pursue this goal, DOE 
anticipates the program will require about $800 million per 
year for the next five years. By accelerating construction of a 
rail spur and purchase of systems and components, the bill is 
moving substantial costs forward by ten years. If funding does 
not increase to match these substantial costs, then some 
activities currently incorporated in the DOE program, such as 
repository characterization, would have to be abandoned or 
deferred. The Committee found this prospect unacceptable, and 
adopted averaging in order to provide funding flexibility 
necessary to match additional responsibilities, without 
abandoning repository characterization. Averaging will not 
increase overall program costs, but instead merely moves 
revenues forward to offset the acceleration of costs related to 
the commencement of operations of the interim storage facility.
    Third, this title also improves the prospect that the 
defense contribution to the program will no longer be 
deficient. Section 403 directs DOE to determine the appropriate 
portion of costs of managing spent nuclear fuel and high-level 
radioactive waste from atomic energy defense activities and 
request annual appropriations sufficient to pay the defense 
contribution. Significantly, DOE recently concluded that the 
underpayment of the defense contribution to the program totals 
approximately $959 million through September 30, 1994. The 
Committee recognizes that it cannot guarantee adequate 
appropriations will be made, but believes the prospects may be 
improved by a determination of the proper size of the defense 
contribution.
    Fourth, this title preserves the existing balance in the 
Nuclear Waste Fund for future use.

Sec. 401. Program funding

    Subsection (a)(1) reenacts the provisions of section 
302(a)(1) of the Nuclear Waste Policy Act of 1982, authorizing 
DOE to enter into contracts with any persons who generate or 
hold title to spent nuclear fuel and high-level radioactive 
waste for the acceptance of title and possession, 
transportation, interim storage, and disposal of such spent 
fuel or waste. The contracts will provide for payment of annual 
fees pursuant to paragraphs (2) and (3). The intent of the 
Committee, as expressed in section 2 of the bill, is that the 
contracts previously executed under section 302(a) of the 
Nuclear Waste Policy Act of 1982 will continue in force 
subsequent to enactment of the bill, unless modified by the 
parties. The Committee does not intend that subsection (a) will 
require DOE to execute new contracts with current contract 
holders. Rather, the Committee expects DOE will amend existing 
contracts by rule as necessary to reflect the provisions of the 
bill.
    Subsection (a)(1) differs from section 302(a)(1) of the 
Nuclear Waste Policy Act of 1982 in that it makes clear that 
the DOE's obligations include the acceptance of possession and 
interim storage of spent fuel and waste, in addition to the 
acceptance of title, transportation, and disposal of such spent 
fuel and waste. The subsection also differs from existing law 
by specifying that fees assessed under the contracts will be 
paid to the Treasury and available for use by DOE until 
expended. This reflects the fact that subsequent to enactment 
of this bill, implementation of the integrated management 
system will be funded primarily by a fee paid into the Treasury 
and not into the Nuclear Waste Fund, although DOE is authorized 
to make expenditures from the Nuclear Waste Fund under specific 
circumstances.
    Subsection (a)(2) alters the calculation of the annual fee 
established by the Nuclear Waste Policy Act of 1982. Under 
current law, the annual fee is a flat fee of one mill (one-
tenth of a cent) per kilowatt-hour generated and sold. In this 
bill, the annual fee will be adjusted to be no greater than the 
annual level of appropriations for expenditures on program 
activities, minus any unobligated balance collected during the 
previous fiscal year and the defense contribution. DOE is 
directed to assess an annual fee on each civilian nuclear power 
reactor based on the amount of electricity generated and sold.
    Averaging would occur during the period commencing with 
Fiscal Year 1997 and continuing through Fiscal Year 2010. 
During this period, the average annual fee cannot exceed one 
mill per kilowatt-hour generated and sold. The Committee 
intends that any fee increase above one mill per kilowatt-hour 
during the averaging period would have to be offset by a 
decrease below one mill later during the period to assure the 
average annual fee collected is no more than one mill per 
kilowatt-hour. After Fiscal Year 2010, the annual fee is capped 
at one mill per kilowatt-hour generated and sold. Annual fees 
will be paid to the Treasury, not the Nuclear Waste Fund.
    The Committee bill allows DOE to increase the fee to exceed 
the one mill per kilowatt-hour for a limited period in order to 
ensure that expenditures on transportation of waste and 
construction of interim storage do not undermine progress on 
the 2010 opening of the permanent repository.
    Section 136 of the current Nuclear Waste Policy Act 
requires a separate fund to be established for construction and 
maintenance of an interim storage facility. This was intended 
to ensure that if interim storage were pursued by DOE, it would 
be done in a manner which did not place an interim program in 
competition for funding with permanent repository. The 
Committee bill maintains this principle by enabling DOE to 
collect more than historic one-mill fee from utilities if it is 
necessary to provide adequate funding for both the ongoing 
permanent facility and for the new interim storage facility.
    Under paragraph (2)(B), if there is a shortfall between the 
aggregate amount of fees collected and the annual level of 
appropriations, DOE is authorized to make expenditures from the 
Nuclear Waste Fund. Fees collected may be less than fees 
authorized to be assessed for two reasons. First, as a result 
of the provisions capping the annual fee, DOE may be prevented 
from collecting the full amount of authorized assessments. 
Second, actual collections may be less than authorized fee 
assessments due to the unexpected shutdown of one or more 
reactors. Third, as more reactors cease operations over time 
due to expiration of their operating licenses, aggregate fee 
collection will decline, and there will be a need to increase 
annual expenditures from the Nuclear Waste Fund. In these 
instances, this paragraph authorizes DOE to make expenditures 
from the Nuclear Waste Fund, without further appropriations, up 
to the level of the shortfall.
    Subsection (a)(3) preserves the one-time fees that will be 
collected under contracts executed under section 302(a) of the 
Nuclear Waste Policy Act of 1982. These fees are assessed on 
electricity generated by civilian nuclear power reactors and 
sold before April 7, 1983. One significant change made by the 
Committee relates to the payment of one-time fees. Under 
current law, one-time fees will be paid to the Nuclear Waste 
Fund. In this bill, one-time fees plus interest, in accordance 
with the contracts, will be paid to the Treasury and used for 
the program in the year collected. The Committee does not 
intend by this provision to require a modification of the one-
time fee provisions in the contracts executed under the Nuclear 
Waste Policy Act of 1982, which are continued in effect by this 
bill. The Committee made this change in order to assure access 
to these funds. In recent years, access to fees paid by 
electric consumers into the Nuclear Waste Fund has been 
limited, threatening to impede program progress.
    With one major exception, subsection (b) largely reenacts 
the provisions of section 302(b) of the Nuclear Waste Policy 
Act of 1982. The exception is paragraph (4), which provides 
that no spent nuclear fuel or high-level radioactive waste 
generated or owned by any department of the United States may 
be stored or disposed of by DOE in the integrated management 
system unless, each fiscal year, such department funds its 
appropriate portion of the costs of such storage and disposal 
as determined by DOE in the final rule issued in accordance 
with section 403. Subsection (b)(1) prohibits the NRC from 
issuing or renewing a license to a person for a utilization or 
production facility unless such person has entered into a 
contract under subsection (a) or DOE affirms in writing that 
such person is actively and in good faith negotiating with DOE 
for a contract under this section. The NRC may require as a 
precondition to the issuance or renewal of a license that the 
applicant has entered into an agreement with DOE. Paragraph (2) 
prohibits the disposal of spent nuclear fuel and high-level 
radioactive waste in the repository unless the generator or 
owner of such spent fuel or waste has entered into a contract 
under subsection (a) of this bill. Paragraph (3) permits 
assignment of rights and duties of a party to a contract 
entered into under this section with transfer of the spent fuel 
or waste involved.
    Under subsection (c), the Nuclear Waste Fund continues in 
effect and may be used only for purposes of the integrated 
management system. The Nuclear Waste Fund will consist of the 
balance in the Fund prior to the date of enactment of this 
bill. Subsection (c)(2) provides that the Nuclear Waste Fund 
will be used only for purposes of the integrated management 
system. These provisions make clear that the balance in the 
Nuclear Waste Fund prior to the date of enactment, which is 
currently $11.1 billion, remains in the Fund subsequent to the 
date of enactment and will be reserved for the exclusive use of 
DOE in implementing the integrated management system. 
Subsection (c)(3) reenacts provisions of the Nuclear Waste 
Policy Act of 1982 requiring DOE to report to the Congress on 
the financial condition and operations of the Nuclear Waste 
Fund and permitting DOE to invest the balance in the Fund, with 
interest earned subsequently deposited in the Fund.
    Subsection (d) limits the expenditures of funds collected 
under this section and section 403 after the date of enactment 
of this bill to purposes of the integrated management system.
    Subsection (e) prohibits the use of funds collected under 
this section or section 403 to design or construct systems and 
components for the transportation, storage, or disposal of 
spent nuclear fuel and high-level radioactive waste. The intent 
is to terminate the DOE Multi-Purpose Canister (MPC) program 
and to prohibit DOE from undertaking any new effort to design 
and develop any other systems and components for the 
transportation, storage, or disposal of spent fuel and waste. 
The provision is not intended to prevent DOE from procuring 
from private suppliers such systems and components. The 
Committee expects that DOE will meet its transportation 
responsibilities under the bill by procuring from private 
suppliers storage and transportation systems. Private firms 
have developed and are continuing to develop such systems and 
components and are obtaining certification from the NRC, and 
the Committee believes such systems and components will be 
available for purchase by DOE when needed.
    This Committee took this action for a number of reasons. 
First, the MPC program has had a history of management 
problems, highlighted in a report by the DOE Inspector General 
in March 1994, titled ``Followup Audit of the Cask Development 
Program.'' Second, the MPC program would not have produced 
systems and components licensed for storage, transportation, 
and disposal by 1998, but systems and components licensed only 
for storage and transportation. Third, the MPC program, even if 
it produced systems and components later licensed for disposal, 
will not have produced a universal solution. The MPC would not 
have accommodated all spent fuel and waste, and other systems 
and components would be needed. Fourth, the bill moves forward 
hundreds of millions of dollars that otherwise would have been 
spent ten years later. This led the Committee to scrutinize the 
program approach in order to determine possible savings. Fifth, 
systems and components have been developed and licensed by 
private sector firms. The Committee believes the requirement 
that spent fuel and waste be transported in systems and 
components certified by the NRC gives utilities a powerful 
incentive to assure that packages are certified to accommodate 
their spent fuel and waste.
    The Committee does not believe that this action eliminates 
the prospect that systems and components can be developed that 
are certified for storage, transport, and disposal of spent 
nuclear fuel and high-level radioactive waste. This bill 
maintains the burden of procuring and deploying these systems 
and components with DOE. The current obligation of DOE to 
procure these systems and components is continued in effect by 
this bill. This obligation was established by section 302(a) of 
the Nuclear Waste Policy Act of 1982 and incorporated in 
Article IV.B.2. of the Standard Contract for Disposal of Spent 
Nuclear Fuel and/or High-Level Radioactive Waste, incorporated 
in 10 CFR Part 961.11. By preserving the contracts entered into 
under section 302(a) of the 1982 Act, this bill preserves the 
obligation of DOE to procure and deploy these systems and 
components. If an MPC is developed and certified, the Committee 
believes that it would be appropriate for DOE to procure and 
deploy MPCs in lieu of other systems and components such as 
dual-purpose canisters.
    Subsection (f) provides that DOE will submit a budget 
triennially to the Office of Management and Budget and that the 
budget will consist of estimates made by the Secretary of 
expenditures under this bill and other financial matters. 
Appropriations will also be subject to triennial authorization.

Sec. 402. Office of Civilian Radioactive Waste Management

    This section continues in effect the Office of Civilian 
Radioactive Waste Management (OCRWM), the office established in 
the 1982 Act to manage the nuclear waste disposal program.

Sec. 403. Defense contribution

    From the inception of the DOE program to manage the 
disposal of spent nuclear fuel and high-level radioactive 
waste, it was envisioned that spent fuel and waste from atomic 
energy defense activities would be emplaced in the repository. 
However, for the first years of the program, there was no 
defense contribution. In 1985, President Reagan issued a 
finding under section 8 of the Nuclear Waste Policy Act of 1982 
that development of a repository for the disposal of high-level 
radioactive waste from atomic energy defense activities was not 
required, and such waste would be disposed of in a commercial 
repository. Significantly, there was no defense contribution 
until Fiscal Year 1991, and defense contributions since that 
time have not equaled the appropriate portion of the cost of 
managing the DOE program. In ``Analysis of the Total System 
Life Cycle Cost of the Civilian Radioactive Waste Management 
Program'' (August 1995), DOE estimates that the defense 
underpayment through September 30, 1994 totals approximately 
$959 million. This section is intended to maintain a defense 
contribution in future years, while assuring that the 
contribution reflects the appropriate portion of costs 
attributable to atomic energy defense activities.
    Subsection (a) directs DOE to issue a final rule within a 
year of the date of enactment establishing the appropriate 
portion of the costs of managing spent nuclear fuel and high-
level radioactive waste under this bill allocable to the 
interim storage or permanent disposal of spent fuel or waste 
from atomic energy defense activities. The defense contribution 
will include an appropriate portion of costs associated with 
research and development, and interest. Subsection (b) 
instructs DOE to request annual appropriations from general 
revenues in amounts sufficient to pay the costs of managing 
spent fuel and waste from atomic energy defense activities. 
Subsection (c) provides that DOE will report to the Congress 
annually of the amount of spent fuel and waste from atomic 
energy defense activities requiring management in the 
integrated management system. Subsection (d) authorizes the 
appropriation of the defense contribution.

             TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS

Sec. 501. Compliance with other laws

    The first sentence of this section directs DOE, in the 
event any law is inconsistent with or duplicates the 
requirements of the Atomic Energy Act and this bill, to comply 
only with the requirements of the ``Atomic Energy Act and this 
Act'' in implementing the integrated management system. The 
broad reference to a ``law'' is intended to incorporate any 
Federal, State, or local law, regulation, order, or other 
requirement issued by a competent government entity. In 
addition, the broad reference to the ``requirements of the 
Atomic Energy Act or this Act'' is intended to include a 
statutory provision or a regulation issued thereunder.
    The second sentence addresses the relationship between 
nonfederal requirements and the requirements of this bill and 
expressly adopts traditional conflict preemption standards. Use 
of the term ``requirements'' is intended to include any law, 
order, regulation, or other requirement duly issued by a 
competent entity of a State or political subdivision of a 
State. The term ``a requirement of this Act'' is intended to 
include regulations issued by the NRC as directed by this bill.
    This section largely relies on the preemption standard in 
section 112(a) of the Hazardous Materials Transportation Act of 
1975 to govern DOE compliance with State and local 
requirements. Under this section, if the requirements of any 
law are inconsistent with or duplicative of this bill or the 
Atomic Energy Act of 1954 DOE is directed to comply only with 
this bill and the Atomic Energy Act. Further, any State or 
local requirement is preempted if (1) complying with such 
requirement and a requirement of this bill is impossible; and 
(2) such requirement, as applied or enforced, is an obstacle to 
accomplishing or carrying out this bill or a regulation under 
this bill.

Sec. 502. Effect on water rights

    This section preserves section 124 of the Nuclear Waste 
Policy Act of 1982, with minor changes, which requires DOE to 
give full consideration to the impact of activities mandated by 
this bill on water rights and directs DOE to mitigate any 
adverse effects to the maximum extent possible.

Sec. 503. Judicial review of agency actions

    This section preserves section 119 of the Nuclear Waste 
Policy Act of 1982, with minor changes, which provides for 
original and exclusive jurisdiction of civil actions arising 
under this bill in the U.S. courts of appeals, states the venue 
for any proceeding will be in the judicial circuit in which the 
petitioner involved resides or has its principal office, or in 
the U.S. Court of Appeals for the District of Columbia, and 
establishes a deadline of 180 days after the date of the 
decision or action or failure to act for commencing a civil 
action for judicial review.

 Sec. 504. Licensing of facility expansions and transshipments

    This section preserves section 134 of the Nuclear Waste 
Policy Act of 1982, which governs NRC proceedings for licensing 
facility expansions and transshipments.

Sec. 505. Siting a second repository

    This section preserves section 161 of the Nuclear Waste 
Policy Act of 1982, with some minor changes. Under this 
section, DOE is barred from conducting site-specific activities 
with respect to a second repository unless the Congress has 
specifically authorized and appropriated funds for such 
activities. The section directs DOE to report to the President 
and the Congress between 2007 and 2010 on the need for a second 
repository.
    This bill eliminates the statutory limit in current law on 
the capacity of the first repository. Under section 114(d) of 
the 1982 Act, the capacity of the first repository was limited 
to 70,000 MTU. This section is not continued in effect in this 
bill, so there is no statutory limit on the capacity of the 
repository. It remains to be seen whether the Yucca Mountain 
site will prove suitable for a repository, and, if so, whether 
it will be able to accommodate all of the spent nuclear fuel 
and high-level radioactive waste generated by civilian nuclear 
power reactors and atomic energy defense activities.

Sec. 506. Financial arrangements for low-level radioactive waste site 
        closure

    This section continues in effect section 151 of the Nuclear 
Waste Policy Act of 1982, which ensures that financial 
arrangements have been made to provide for the decontamination, 
decommissioning, site closure, and reclamation of sites, 
structures, and equipment used in conjunction with the disposal 
of low-level radioactive waste.

Sec. 507. Nuclear Regulatory Commission training authorization

    This section preserves section 306 of the Nuclear Waste 
Policy Act of 1982, with minor changes, which authorizes and 
directs the NRC to issue regulations and other regulatory 
guidance for the training and qualification of certain civilian 
nuclear power reactor personnel.

Sec. 508. Acceptance schedule

    This section provides for a significant acceleration in the 
current spent nuclear fuel and high-level radioactive 
acceptance rate. Under the DOE Annual Capacity Report issued in 
March 1995, DOE will accept 400 MTU in the first year of 
acceptance, 600 MTU the second year, and 900 MTU beginning in 
the third year. This rate is the ``acceptance rate provided by 
the schedule for contracts executed prior to the date of 
enactment of the Nuclear Waste Policy Act of 1995,'' as 
referenced in section 204(d)(3) and 204(h)(2). In section 
204(d)(3), the Committee intends that once DOE achieves the 
acceptance rate in the Annual Capacity Report issued in March 
1995, capacity above this acceptance rate may be used by DOE to 
accept spent fuel and waste from U.S. civilian nuclear power 
reactors which have permanently ceased operation and foreign 
research reactors. In section 204(h)(2), the Committee intends 
that once DOE achieves the acceptance rate in the Annual 
Capacity Report issued in March 1995, capacity above this 
acceptance rate may be used by DOE to accept spent fuel and 
waste from atomic energy defense activities.
    The Standard Contract does not provide an actual schedule 
for acceptance of spent nuclear fuel and high-level radioactive 
waste. However, the Standard Contract directs DOE to issue an 
annual capacity report for planning purposes that sets forth 
the projected annual receiving capacity for DOE facilities. The 
Committee recognizes that the Annual Capacity Report is for 
planning purposes only and is not contractually binding on 
either DOE or the contract holders.
    This section significantly increases the acceptance rate 
for spent nuclear fuel and high-level radioactive waste. Under 
this section, DOE is directed to accept 1,200 MTU in the first 
and second years of acceptance. 2,000 MTU in the third and 
fourth years, 2,700 MTU in the fifth year, and 3,000 MTU 
beginning in the sixth year. Although this bill provides for 
early acceptance of spent fuel and waste from permanently 
closed civilian nuclear power reactors, and acceptance of spent 
fuel and waste from atomic energy defense activities and 
foreign research reactors, these amounts are modest. Acceptance 
of this spent fuel and waste will not prevent an acceleration 
in the contract acceptance rate.

Sec. 509. Subseabed or ocean disposal

    This section prohibits the subseabed or ocean disposal of 
spent nuclear fuel or high-level radioactive waste and bars the 
expenditure of any funds on any activity related to such 
disposal.

             title vi--nuclear waste technical review board

    This title preserves Title V of the Nuclear Waste Policy 
Act of 1982, with minor changes, which established the Nuclear 
Waste Technical Review Board, and provides that the Board 
continues in effect.

                      title vii--management reform

    The Federal effort to dispose of spent nuclear fuel and 
high-level radioactive waste has suffered from a history of 
serious management problems. These problems have been 
alleviated, which is reflected by the reliance of the Committee 
on the program approach announced by DOE last year. Progress 
has been made, but there is still room for improvement.
    Title VII makes a number of important changes designed to 
reform the management of the DOE program. As stated in 
subsection (a), the general objective is to improve the 
management of the program to ensure that the program is 
operated, to the maximum extent possible, in like manner as a 
private business. To that end, the DOE program is not subject 
to the laws and regulations concerning the civil service as 
described in this title.
    Subsection (b) provides that the compensation for the OCRWM 
Director will be set by the Secretary without regard to section 
5301 of title 5 of the United States Code. The Director in turn 
will establish the compensation of all other Federal employees 
assigned to OCRWM, define their duties, and provide for a 
system of organization to assign responsibility and promote 
efficiency. This subsection permits the Director to remove the 
Deputy Director and other Federal employees assigned to OCRWM 
at the Director's discretion, without regard to any laws, 
rules, or regulations concerning personnel actions in the Civil 
Service System or Senior Executive Service. The Secretary is 
charged with ensuring that the appointment, promotion, and 
assignment of employees assigned to OCRWM is based on merit and 
fitness, and other personnel actions are consistent with 
principles of fairness and due process.
    Under subsection (c), OCRWM, its contractors, and 
subcontractors are directed to conduct or have conducted audits 
and examinations of their operations in accordance with the 
usual and customary practices of private corporations. The 
subsection requires audits of management practices and 
performances of OCRWM by an independent management consulting 
firm every five years.
    Subsection (d) obligates DOE to establish a value 
engineering function within OCRWM that reports directly to the 
OCRWM Director. This function will carry out value engineering 
with the usual and customary practices of private corporations 
engaged in large nuclear construction projects.
    Subsection (e) directs DOE to employ integrated performance 
modeling to identify appropriate parameters for the site 
characterization effort and to eliminate studies of parameters 
that are shown not to affect long-term repository performance.

Sec. 702. Reporting

    Subsection (a) requires DOE to report to the Congress 
within 180 days of the date of enactment of this bill on its 
planned actions for implementing the provisions of this bill. 
Subsection (b) instructs DOE to submit annual reports to the 
Congress to update the information in this initial report, 
indicating modifications to the DOE schedule and timeline for 
meeting its obligations under this bill, the reasons for such 
modifications, and DOE's analysis for its funding needs.

Sec. 2. Continuation of contracts

    This section continues in effect the contracts executed 
under section 302(a) of the Nuclear Waste Policy Act of 1982, 
except to the extent the contracts are modified by the parties 
to the contract. By preserving the contracts, the Committee 
recognizes that it is continuing in effect the responsibility 
of DOE to take title, procure and deploy packages, provide 
transportation of spent nuclear fuel and high-level radioactive 
waste to the interim storage facility and the repository, and 
store and dispose of such spent fuel and waste.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

                    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,

                   [short title and table of contents

  [Section 1. This Act may be cited as the ``Nuclear Waste 
Policy Act of 1982''.

                           [TABLE OF CONTENTS

[Sec. 1. Short title and table of contents.
[Sec. 2. Definitions.
[Sec. 3. Separability.
[Sec. 4. Territories and possessions.
[Sec. 5. Ocean disposal.
[Sec. 6. Limitation on spending authority.
[Sec. 7. Protection of classified national security information.
[Sec. 8. Applicability.
[Sec. 9. Applicability.

 [TITLE I--DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE, SPENT 
              NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE WASTE

[Sec. 101. State and affected Indian tribe participation in development 
          of proposed repositories for defense waste.

 [Subtitle A--Repositories for Disposal of High-Level Radioactive Waste 
                         and Spent Nuclear Fuel

[Sec. 111. Findings and purposes.
[Sec. 112. Recommendation of candidate sites for site characterization.
[Sec. 113. Site characterization.
[Sec. 114. Site approval and construction authorization.
[Sec. 115. Review of repository site selection.
[Sec. 116. Participation of States.
[Sec. 117. Consultation with States and Indian tribes.
[Sec. 118. Participation of Indian tribes.
[Sec. 119. Judicial review of agency actions.
[Sec. 120. Expedited authorizations.
[Sec. 121. Certain standards and criteria.
[Sec. 122. Disposal of spent nuclear fuel.
[Sec. 123. Title to material.
[Sec. 124. Consideration of effect of acquisition of water rights.
[Sec. 125. Termination of certain provisions.

                  [Subtitle B--Interim Storage Program

[Sec. 131. Findings and purposes.
[Sec. 132. Available capacity for interim storage of spent nuclear fuel.
[Sec. 133. Interim at-reactor storage.
[Sec. 134. Licensing of facility expansions and transshipments.
[Sec. 135. Storage of spent nuclear fuel.
[Sec. 136. Interim Storage Fund.
[Sec. 137. Transportation.

               [Subtitle C--Monitored Retrievable Storage

[Sec. 141. Monitored retrievable storage.
[Sec. 142. Authorization of monitored retrievable storage.
[Sec. 143. Monitored Retrievable Storage Commission.
[Sec. 144. Survey.
[Sec. 145. Site selection.
[Sec. 146. Notice of disapproval.
[Sec. 147. Benefits agreement.
[Sec. 148. Construction authorization.
[Sec. 149. Financial assistance.

                [Subtitle D--Low-Level Radioactive Waste

[Sec. 151. Financial arrangements for site closure.

          [Subtitle E--Redirection of the Nuclear Waste Program

[Sec. 160. Selection of Yucca Mountain site.
[Sec. 161. Siting a second repository.

                          [Subtitle F--Benefits

[Sec. 170. Benefits agreements.
[Sec. 171. Content of agreements.
[Sec. 172. Review panel.
[Sec. 173. Termination.

                       [Subtitle G--Other Benefits

[Sec. 174. Consideration in siting facilities.
[Sec. 175. Report.

                       [Subtitle H--Transportation

[Sec. 180. Transportation.

 [TITLE II--RESEARCH, DEVELOPMENT, AND DEMONSTRATION REGARDING DISPOSAL 
         OF HIGH-LEVEL RADIOACTIVE WASTE AND SPENT NUCLEAR FUEL

[Sec. 211. Purpose.
[Sec. 212. Applicability.
[Sec. 213. Identification of sites.
[Sec. 214. Siting research and related activities.
[Sec. 215. Test and evaluation facility siting review and reports.
[Sec. 216. Federal agency actions.
[Sec. 217. Research and development on disposal of high-level 
          radioactive waste.
[Sec. 218. Research and development on spent nuclear fuel.
[Sec. 219. Payments to States and affected Indian tribes.
[Sec. 220. Study of research and development needs for monitored 
          retrievable storage proposal.
[Sec. 221. Judicial review.
[Sec. 222. Research on alternatives for the permanent disposal of high-
          level radioactive waste.
[Sec. 223. Technical assistance to non-nuclear weapon states in the 
          field of spent fuel storage and disposal.
[Sec. 224. Subseabed disposal.

       [TITLE III--OTHER PROVISIONS RELATING TO RADIOACTIVE WASTE

[Sec. 301. Mission plan.
[Sec. 302. Nuclear Waste Fund.
[Sec. 303. Alternate means of financing.
[Sec. 304. Office of Civilian Radioactive Waste Management.
[Sec. 305. Location of test and evaluation facility.
[Sec. 306. Nuclear Regulatory Commission training authorization.

                   [TITLE IV--NUCLEAR WASTE NEGOTIATOR

[Sec. 401. Definition.
[Sec. 402. The Office of Nuclear Waste Negotiator.
[Sec. 403. Duties of the Negotiator.
[Sec. 404. Environmental assessment of sites.
[Sec. 405. Site characterization; licensing.
[Sec. 406. Monitored retrievable storage.
[Sec. 407. Environmental impact statement.
[Sec. 408. Administrative powers of the Negotiator.
[Sec. 409. Cooperation of other departments and agencies.
[Sec. 410. Termination of the office.
[Sec. 411. Authorization of appropriations.

             [TITLE V--NUCLEAR WASTE TECHNICAL REVIEW BOARD

[Sec. 501. Definitions.
[Sec. 502. Nuclear Waste Technical Review Board.
[Sec. 503. Functions.
[Sec. 504. Investigatory powers.
[Sec. 505. Compensatory of members.
[Sec. 506. Staff.
[Sec. 507. Support services.
[Sec. 508. Report.
[Sec. 509. Authorization of appropriations.
[Sec. 510. Termination of the Board.

                              [definitions

  [Sec. 2. For purposes of this Act:
          [(1) The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
          [(2) The term ``affected Indian tribe'' means any 
        Indian tribe--
                  [(A) within whose reservation boundaries a 
                monitored retrievable storage facility, test 
                and evaluation facility, or a repository for 
                high-level radioactive waste or spent fuel is 
                proposed to be located;
                  [(B) whose federally defined possessory or 
                usage rights to other lands outside of the 
                reservation's boundaries arising out of 
                congressionally ratified treaties may be 
                substantially and adversely affected by the 
                locating of such a facility: Provided, That the 
                Secretary of the Interior finds, upon the 
                petition of the appropriate governmental 
                officials of the tribe, that such effects are 
                both substantial and adverse to the tribe;
          [(3) 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 by-
                products management;
                  [(F) defense nuclear materials security and 
                safeguards and security investigations; and
                  [(G) defense research and development.
          [(4) The term ``candidate site'' means an area, 
        within a geologic and hydrologic system, that is 
        recommended by the Secretary under section 112 for site 
        characterization, approved by the President under 
        section 112 for site characterization, or undergoing 
        site characterization under section 113.
          [(5) The term ``civilian nuclear activity'' means any 
        atomic energy activity other than an atomic energy 
        defense activity.
          [(6) The term ``civilian nuclear power reactor'' 
        means a civilian nuclear powerplant required to be 
        licensed under section 103 or 104 b. of the Atomic 
        Energy Act of 1954 (42 U.S.C. 2133, 2134(b)).
          [(7) The term ``Commission'' means the Nuclear 
        Regulatory Commission.
          [(8) The term ``Department'' means the Department of 
        Energy.
          [(9) The term ``disposal'' means the emplacement in a 
        repository of high-level radioactive waste, spent 
        nuclear fuel, or other highly radioactive material with 
        no foreseeable intent of recovery, whether or not such 
        emplacement permits the recovery of such waste.
          [(10) The terms ``disposal package'' and ``package'' 
        mean the primary container that holds, and is in 
        contact with, solidified high-level radioactive waste, 
        spent nuclear fuel, or other radioactive materials, and 
        any overpacks that are emplaced at a repository.
          [(11) The term ``engineered barriers'' means manmade 
        components of a disposal system designed to prevent the 
        release of radionuclides into the geologic medium 
        involved. Such term includes the high-level radioactive 
        waste form, high-level radioactive waste canisters, and 
        other materials placed over and around such canisters.
          [(12) The term ``high-level radioactive waste'' 
        means--
                  [(A) the highly radioactive material 
                resulting from the reprocessing of spent 
                nuclear fuel, including liquid waste produced 
                directly in reprocessing and any solid material 
                derived from such liquid waste that contains 
                fission products in sufficient concentrations; 
                and
                  [(B) other highly radioactive material that 
                the Commission, consistent with existing law, 
                determines by rule requires permanent 
                isolation.
          [(13) The term ``Federal agency'' means any Executive 
        agency, as defined in section 105 of title 5, United 
        States Code.
          [(14) The term ``Governor'' means the chief executive 
        officer of a State.
          [(15) 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)).
          [(16) The term ``low-level radioactive waste'' means 
        radioactive material that--
                  [(A) is not high-level radioactive waste, 
                spent nuclear fuel, transuranic waste, or by-
                product material as defined in section 11e(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.
          [(17) The term ``Office'' means the Office of 
        Civilian Radioactive Waste Management established in 
        section 305.
          [(18) The term ``repository'' means any system 
        licensed by the Commission that is intended to be used 
        for, or may be used for, the permanent deep geologic 
        disposal of high-level radioactive waste and spent 
        nuclear fuel, whether or not such system is designed to 
        permit the recovery, for a limited period during 
        initial operation, of any materials placed in such 
        system. Such term includes both surface and subsurface 
        areas at which high-level radioactive waste and spent 
        nuclear fuel handling activities are conducted.
          [(19) The term ``reservation'' means--
                  [(A) any Indian reservation or dependent 
                Indian community referred to in clause (a) or 
                (b) of section 1151 of title 18, United States 
                Code; or
                  [(B) any land selected by an Alaska Native 
                village or regional corporation under the 
                provisions of the Alaska Native Claims 
                Settlement Act (43 U.S.C. 1601 et seq.).
          [(20) The term ``Secretary'' means the Secretary of 
        Energy.
          [(21) The term ``site characterization'' means--
                  [(A) siting research activities with respect 
                to a test and evaluation facility at a 
                candidate site; and
                  [(B) activities, whether in the laboratory or 
                in the field, undertaken to establish the 
                geologic condition and the ranges of the 
                parameters of a candidate site relevant to the 
                location of a repository, including borings, 
                surface excavations, excavations of exploratory 
                shafts, limited subsurface lateral excavations 
                and borings, and in situ testing needed to 
                evaluate the suitability of a candidate site 
                for the location of a repository, but not 
                including preliminary borings and geophysical 
                testing needed to assess whether site 
                characterization should be undertaken.
          [(22) The term ``siting research'' means activities, 
        including borings, surface excavations, shaft 
        excavations, subsurface lateral excavations and 
        borings, and in situ testing, to determine the 
        suitability of a site for a test and evaluation 
        facility.
          [(23) 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.
          [(24) The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, 
        the Northern Mariana Islands, the Trust Territory of 
        the Pacific Islands, and any other territory or 
        possession of the United States.
          [(25) The term ``storage'' means retention of high-
        level radioactive waste, spent nuclear fuel, or 
        transuranic waste with the intent to recover such waste 
        or fuel for subsequent use, processing, or disposal.
          [(26) The term ``Storage Fund'' means the Interim 
        Storage Fund established in section 137(c).
          [(27) The term ``test and evaluation facility'' means 
        an at-depth, prototypic, underground cavity with 
        subsurface lateral excavations extending from a central 
        shaft that is used for research and development 
        purposes, including the development of data and 
        experience for the safe handling and disposal of 
        solidified high-level radioactive waste, transuranic 
        waste, or spent nuclear fuel.
          [(28) The term ``unit of general local government'' 
        means any borough, city, county, parish, town, 
        township, village, or other general purpose political 
        subdivision of a State.
          [(29) The term ``Waste Fund'' means the Nuclear Waste 
        Fund established in section 302(c).
          [(30) The term ``Yucca Mountain site'' means the 
        candidate site in the State of Nevada recommended by 
        the Secretary to the President under section 
        112(b)(1)(B) on May 27, 1986.
          [(31) The term ``affected unit of local government'' 
        means the unit of local government with jurisdiction 
        over the site of a repository or a monitored 
        retrievable storage facility. Such term may, at the 
        discretion of the Secretary, include units of local 
        government that are contiguous with such unit.
          [(32) The term ``Negotiator'' means the Nuclear Waste 
        Negotiator.
          [(33) As used in title IV, the term ``Office'' means 
        the Office of the Nuclear Waste Negotiator established 
        under title IV of this Act.
          [(34) The term ``monitored retrievable storage 
        facility'' means the storage facility described in 
        section 141(b)(1).

                             [separability

  [Sec. 3. If any provision of this Act, or the application of 
such provision to any person or circumstance, is held 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.

                      [territories and possessions

  [Sec. 4. Nothing in this Act shall be deemed to repeal, 
modify, or amend the provisions of section 605 of the Act of 
March 12, 1980 (48 U.S.C. 1491).

                            [ocean disposal

  [Sec. 5. Nothing in this Act shall be deemed to affect the 
Marine Protection, Research, and Sanctuaries Act of 1972 (33 
U.S.C. 1401 et seq.).

                   [limitation on spending authority

  [Sec. 6. The authority under this Act to incur indebtedness, 
or enter into contracts, obligating amounts to be expended by 
the Federal Government shall be effective for any fiscal year 
only to such extent or in such amounts as are provided in 
advance by appropriation Acts.

        [protection of classified national security information

  [Sec. 7. Nothing in this Act shall require the release or 
disclosure to any person or to the Commission of any classified 
national security information.

                             [applicability

  [Sec. 8. (a) Atomic Energy Defense Activities.--Subject to 
the provisions of subsection (c), the provisions of this Act 
shall not apply with respect to any atomic energy defense 
activity or to any facility used in connection with any such 
activity.
  [(b) Evaluation by President.--(1) Not later than 2 years 
after the date of the enactment of this Act, the President 
shall evaluate the use of disposal capacity at one or more 
repositories to be developed under subtitle A of title I for 
the disposal of high-level radioactive waste resulting from 
atomic energy defense activities. Such evaluation shall take 
into consideration factors relating to cost efficiency, health 
and safety, regulation, transportation, public acceptability, 
and national security.
  [(2) Unless the President finds, after conducting the 
evaluation required in paragraph (1), that the development of a 
repository for the disposal of high-level radioactive waste 
resulting from atomic energy defense activities only is 
required, taking into account all of the factors described in 
such subsection, the Secretary shall proceed promptly with 
arrangement for the use of one or more of the repositories to 
be developed under subtitle A of title I for the disposal of 
such waste. Such arrangements shall include the allocation of 
costs of developing, constructing, and operating this 
repository or repositories. The costs resulting from permanent 
disposal of high-level radioactive waste from atomic energy 
defense activities shall be paid by the Federal Government, 
into the special account established under section 302.
  [(3) Any repository for the disposal of high-level 
radioactive waste resulting from atomic energy defense 
activities only shall (A) be subject to licensing under section 
202 of the Energy Reorganization Act of 1973 (42 U.S.C. 5842); 
and (B) comply with all requirements of the Commission for the 
siting, development, construction, and operation of a 
repository.
  [(c) Applicability to Certain Repositories.--The provisions 
of this Act shall apply with respect to any repository not used 
exclusively for the disposal of high-level radioactive waste or 
spent nuclear fuel resulting from atomic energy defense 
activities, research and development activities of the 
Secretary, or both.

                             [applicability

  [Sec. 9. Transportation.--Nothing in this Act shall be 
construed to affect Federal, State, or local laws pertaining to 
the transportation of spent nuclear fuel or high-level 
radioactive waste.

 [TITLE I--DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE, SPENT 
             NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE WASTE

   [state and affected indian tribe participation in development of 
                proposed repositories for defense waste

  [Sec. 101. (a) Notification to States and Affected Indian 
Tribes.--Notwithstanding the provisions of section 8, upon any 
decision by the Secretary or the President to develop a 
repository for the disposal of high-level radioactive waste or 
spent nuclear fuel resulting exclusively from atomic energy 
defense activities, research and development activities of the 
Secretary, or both, and before proceeding with any site-
specific investigations with respect to such repository, the 
Secretary shall notify the Governor and legislature of the 
State in which such repository is proposed to be located, or 
the governing body of the affected Indian tribe on whose 
reservation such repository is proposed to be located, as the 
case may be, of such decision.
  [(b) Participation of States and Affected Indian Tribes.--
Following the receipt of any notification under subsection (a), 
the State or Indian tribe involved shall be entitled, with 
respect to the proposed repository involved, to rights of 
participation and consultation identical to those provided in 
sections 115 through 118, except that any financial assistance 
authorized to be provided to such State or affected Indian 
tribe under section 116(c) or 118(b) shall be made from amounts 
appropriated to the Secretary for purposes of carrying out this 
section.

[Subtitle A--Repositories for Disposal of High-Level Radioactive Waste 
                         and Spent Nuclear Fuel

                         [findings and purposes

  [Sec. 111. (a) Findings.--The Congress finds that--
          [(1) radioactive waste creates potential risks and 
        requires safe and environmentally acceptable methods of 
        disposal;
          [(2) a national problem has been created by the 
        accumulation of (A) spent nuclear fuel from nuclear 
        reactors; and (B) radioactive waste from (i) 
        reprocessing of spent nuclear fuel; (ii) activities 
        related to medical research, diagnosis, and treatment; 
        and (iii) other sources;
          [(3) Federal efforts during the past 30 years to 
        devise a permanent solution to the problems of civilian 
        radioactive waste disposal have not been adequate;
          [(4) while the Federal Government has the 
        responsibility to provide for the permanent disposal of 
        high-level radioactive waste and such spent nuclear 
        fuel as may be disposed of in order to protect the 
        public health and safety and the environment, the costs 
        of such disposal should be the responsibility of the 
        generators and owners of such waste and spent fuel;
          [(5) the generators and owners of high-level 
        radioactive waste and spent nuclear fuel have the 
        primary responsibility to provide for, and the 
        responsibility to pay the costs of, the interim storage 
        of such waste and spent fuel until such waste and spent 
        fuel is accepted by the Secretary of Energy in 
        accordance with the provisions of this Act;
          [(6) State and public participation in the planning 
        and development of repositories is essential in order 
        to promote public confidence in the safety of disposal 
        of such waste and spent fuel; and
          [(7) high-level radioactive waste and spent nuclear 
        fuel have become major subjects of public concern, and 
        appropriate precautions must be taken to ensure that 
        such waste and spent fuel do not adversely affect the 
        public health and safety and the environment for this 
        or future generations.
  [(b) Purposes.--The purposes of this subtitle are--
          [(1) to establish a schedule for the siting, 
        construction, and operation of repositories that will 
        provide a reasonable assurance that the public and the 
        environment will be adequately protected from the 
        hazards posed by high-level radioactive waste and such 
        spent nuclear fuel as may be disposed of in a 
        repository;
          [(2) to establish the Federal responsibility, and a 
        definite Federal policy, for the disposal of such waste 
        and spent fuel;
          [(3) to define the relationship between the Federal 
        Government and the State governments with respect to 
        the disposal of such waste and spent fuel; and
          [(4) to establish a Nuclear Waste Fund, composed of 
        payments made by the generators and owners of such 
        waste and spent fuel, that will ensure that the costs 
        of carrying out activities relating to the disposal of 
        such waste and spent fuel will be borne by the persons 
        responsible for generating such waste and spent fuel.

      [recommendation of candidate sites for site characterization

  [Sec. 112. (a) Guidelines.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary, following 
consultation with the Council on Environmental Quality, the 
Administrator of the Environmental Protection Agency, the 
Director of the Geological Survey, and interested Governors, 
and the concurrence of the Commission shall issue general 
guidelines for the recommendation of sites for repositories. 
Such guidelines shall specify detailed geologic considerations 
that shall be primary criteria for the selection of sites in 
various geologic media. Such guidelines shall specify factors 
that qualify or disqualify any site from development as a 
repository, including factors pertaining to the location of 
valuable natural resources, hydrology, geophysics, seismic 
activity, and atomic energy defense activities, proximity to 
water supplies, proximity to populations, the effect upon the 
rights of users of water, and proximity to components of the 
National Park System, the National Wildlife Refuge System, the 
National Wild and Scenic Rivers System, the National Wilderness 
Preservation System, or National Forest Lands. Such guidelines 
shall take into consideration the proximity to sites where 
high-level radioactive waste and spent nuclear fuel is 
generated or temporarily stored and the transportation and 
safety factors involved in moving such waste to a repository. 
Such guidelines shall specify population factors that will 
disqualify any site from development as a repository if any 
surface facility of such repository would be located (1) in a 
highly populated area; or (2) adjacent to an area 1 mile by 1 
mile having a population of not less than 1,000 individuals. 
Such guidelines also shall require the Secretary to consider 
the cost and impact of transporting to the repository site the 
solidified high-level radioactive waste and spent fuel to be 
disposed of in the repository and the advantages of regional 
distribution in the siting of repositories. Such guidelines 
shall require the Secretary to consider the various geologic 
media in which sites for repositories may be located and, to 
the extent practicable, to recommend sites in different 
geologic media. The Secretary shall use guidelines established 
under this subsection in considering candidate sites for 
recommendation under subsection (b). The Secretary may revise 
such guidelines from time to time, consistent with the 
provisions of this subsection.
  [(b) Recommendation by Secretary to the President.--(1)(A) 
Following the issuance of guidelines under subsection (a) and 
consultation with the Governors of affected States, the 
Secretary shall nominate at least 5 sites that he determines 
suitable for site characterization for selection of the first 
repository site.
  [(B) Subsequent to such nomination, the Secretary shall 
recommend to the President 3 of the nominated sites not later 
than January 1, 1985 for characterization as candidate sites.
  [(C) Such recommendations under subparagraph (B) shall be 
consistent with the provisions of section 305.
  [(D) Each nomination of a site under this subsection shall be 
accompanied by an environmental assessment, which shall include 
a detailed statement of the basis for such recommendation and 
of the probable impacts of the site characterization activities 
planned for such site, and a discussion of alternative 
activities relating to site characterization that may be 
undertaken to avoid such impacts. Such environmental assessment 
shall include--
          [(i) an evaluation by the Secretary as to whether 
        such site is suitable for site characterization under 
        the guidelines established under subsection (a);
          [(ii) an evaluation by the Secretary as to whether 
        such site is suitable for development as a repository 
        under each such guideline that does not require site 
        characterization as a prerequisite for application of 
        such guideline;
          [(iii) an evaluation by the Secretary of the effects 
        of the site characterization activities at such site on 
        the public health and safety and the environment;
          [(iv) a reasonable comparative evaluation by the 
        Secretary of such site with other sites and locations 
        that have been considered;
          [(v) a description of the decision process by which 
        such site was recommended; and
          [(vi) an assessment of the regional and local impacts 
        of locating the proposed repository at such site.
  [(E)(i) The issuance of any environmental assessment under 
this paragraph shall be considered to be a final agency action 
subject to judicial review in accordance with the provisions of 
chapter 7 of title 5, United States Code, and section 119. Such 
judicial review shall be limited to the sufficiency of such 
environmental assessment with respect to the items described in 
clauses (i) through (vi) of subparagraph (E).
  [(F) Each environmental assessment prepared under this 
paragraph shall be made available to the public.
  [(G) Before nominating a site, the Secretary shall notify the 
Governor and legislature of the State in which such site is 
located, or the governing body of the affected Indian tribe 
where such site is located, as the case may be, of such 
nomination and the basis for such nomination.
  [(2) Before nominating any site the Secretary shall hold 
public hearings in the vicinity of such site to inform the 
residents of the area in which such site is located of the 
proposed nomination of such site and to receive their comments. 
At such hearings, the Secretary shall also solicit and receive 
any recommendations of such residents with respect to issues 
that should be addressed in the environmental assessment 
described in paragraph (1) and the site characterization plan 
described in section 113(b)(1).
  [(3) In evaluating the sites nominated under this section 
prior to any decision to recommend a site as a candidate site, 
the Secretary shall use available geophysical, geologic, 
geochemical and hydrologic, and other information and shall not 
conduct any preliminary borings or excavations at a site unless 
(i) such preliminary boring or excavation activities were in 
progress upon the date of enactment of this Act or (ii) the 
Secretary certifies that such available information from other 
sources, in the absence of preliminary borings or excavations, 
will not be adequate to satisfy applicable requirements of this 
Act or any other law: Provided, That preliminary borings or 
excavations under this section shall not exceed a diameter of 6 
inches.
  [(c) Presidential Review of Recommended Candidate Sites.--(1) 
The President shall review each candidate site recommendation 
made by the Secretary under subsection (b). Not later than 60 
days after the submission by the Secretary of a recommendation 
of a candidate site, the President, in his discretion, may 
either approve or disapprove such candidate site, and shall 
transmit any such decision to the Secretary and to either the 
Governor and legislature of the State in which such candidate 
site is located, or the governing body of the affected Indian 
tribe where such candidate site is located, as the case may be. 
If, during such 60-day period, the President fails to approve 
or disapprove such candidate site, or fails to invoke his 
authority under paragraph (2) to delay his decision, such 
candidate site shall be considered to be approved, and the 
Secretary shall notify such Governor and legislature, or 
governing body of the affected Indian tribe, of the approval of 
such candidate site by reason of the inaction of the President.
  [(2) The President may delay for not more than 6 months his 
decision under paragraph (1) to approve or disapprove a 
candidate site, upon determining that the information provided 
with the recommendation of the Secretary is insufficient to 
permit a decision within the 60-day period referred to in 
paragraph (1). The President may invoke his authority under 
this paragraph by submitting written notice to the Congress, 
within such 60-day period, of his intent to invoke such 
authority. If the President invokes such authority, but fails 
to approve or disapprove the candidate site involved by the end 
of such 6-month period, such candidate site shall be considered 
to be approved, and the Secretary shall notify such Governor 
and legislature, or governing body of the affected Indian 
tribe, of the approval of such candidate site by reason of the 
inaction of the President.
  [(d) Preliminary Activities.--Except as otherwise provided in 
this section, each activity of the President or the Secretary 
under this section shall be considered to be a preliminary 
decisionmaking activity. No such activity 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 to require any environmental review 
under subparagraph (E) or (F) of section 102(2) of such Act.

                         [site characterization

  [Sec. 113. (a) In General.--The Secretary shall carry out, in 
accordance with the provisions of this section, appropriate 
site characterization activities at the Yucca Mountain site. 
The Secretary shall consider fully the comments received under 
subsection (b)(2) and section 112(b)(2) and shall, to the 
maximum extent practicable and in consultation with the 
Governor of the State of Nevada, conduct site characterization 
activities in a manner that minimizes any significant adverse 
environmental impacts identified in such comments or in the 
environmental assessment submitted under subsection (b)(1).
  [(b) Commission and States.--(1) Before proceeding to sink 
shafts at the Yucca Mountain site, the Secretary shall submit 
for such candidate site to the Commission and to the Governor 
or legislature of the State of Nevada, for their review and 
comment--
          [(A) a general plan for site characterization 
        activities to be conducted at such candidate site, 
        which plan shall include--
                  [(i) a description of such candidate site;
                  [(ii) a description of such site 
                characterization activities, including the 
                following: the extent of planned excavations, 
                plans for any onsite testing with radioactive 
                or nonradioactive material, plans for any 
                investigation activities that may affect the 
                capability of such candidate site to isolate 
                high-level radioactive waste and spent nuclear 
                fuel, and plans to control any adverse, safety-
                related impacts from such site characterization 
                activities;
                  [(iii) plans for the decontamination and 
                decommissioning of such candidate site, and for 
                the mitigation of any significant adverse 
                environmental impacts caused by site 
                characterization activities if it is determined 
                unsuitable for application for a construction 
                authorization for a repository;
                  [(iv) criteria to be used to determine the 
                suitability of such candidate site for the 
                location of a repository, developed pursuant to 
                section 112(a); and
                  [(v) any other information required by the 
                Commission;
          [(B) a description of the possible form or packaging 
        for the high-level radioactive waste and spent nuclear 
        fuel to be emplaced in such repository, a description, 
        to the extent practicable, of the relationship between 
        such waste form or packaging and the geologic medium of 
        such site, and a description of the activities being 
        conducted by the Secretary with respect to such 
        possible waste form or packaging or such relationship; 
        and
          [(C) a conceptual repository design that takes into 
        account likely site-specific requirements.
  [(2) Before proceeding to sink shafts at the Yucca Mountain 
site, the Secretary shall (A) make available to the public the 
site characterization plan described in paragraph (1); and (B) 
hold public hearings in the vicinity of such candidate site to 
inform the residents of the area in which such candidate site 
is located of such plan, and to receive their comments.
  [(3) During the conduct of site characterization activities 
at the Yucca Mountain site, the Secretary shall report not less 
than once every 6 months to the Commission and to the Governor 
and legislature of the State of Nevada, on the nature and 
extent of such activities and the information developed from 
such activities.
  [(c) Restrictions.--(1) The Secretary may conduct at the 
Yucca Mountain site only such site characterization activities 
as 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.).
  [(2) In conducting site characterization activities--
          [(A) the Secretary may not use any radioactive 
        material at a site unless the Commission concurs that 
        such use is necessary to provide data for the 
        preparation of the required environmental reports and 
        an application for a construction authorization for a 
        repository at such site; and
          [(B) if any radioactive material is used at a site--
                  [(i) the Secretary shall use the minimum 
                quantity necessary to determine the suitability 
                of such site for a repository, but in no event 
                more than the curie equivalent of 10 metric 
                tons of spent nuclear fuel; and
                  [(ii) such radioactive material shall be 
                fully retrievable.
  [(3) If the Secretary at any time determines the Yucca 
Mountain site to be unsuitable for development as a repository, 
the Secretary shall--
          [(A) terminate all site characterization activities 
        at such site;
          [(B) notify the Congress, the Governor and 
        legislature of Nevada of such termination and the 
        reasons for such termination;
          [(C) remove any high-level radioactive waste, spent 
        nuclear fuel, or other radioactive materials at or in 
        such site as promptly as practicable;
          [(D) take reasonable and necessary steps to reclaim 
        the site and to mitigate any significant adverse 
        environmental impacts caused by site characterization 
        activities at such site;
          [(E) suspend all future benefits payments under 
        subtitle F with respect to such site; and
          [(F) report to Congress not later than 6 months after 
        such determination the Secretary's recommendations for 
        further action to assure the safe, permanent disposal 
        of spent nuclear fuel and high-level radioactive waste, 
        including the need for new legislative authority.
    [(d) Preliminary Activities.--Each activity of the 
Secretary under this section that is in compliance with the 
provisions of subsection (c) shall be considered a preliminary 
decisionmaking activity. No such activity 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 to require any environmental review 
under subparagraph (E) or (F) of section 102(2) of such Act.

             [site approval and construction authorization

  [Sec. 114. (a) Hearings and Presidential Recommendation.--(1) 
The Secretary shall hold public hearings in the vicinity of the 
Yucca Mountain site, for the purposes of informing the 
residents of the area of such consideration and receiving their 
comments regarding the possible recommendation of such site. 
If, upon completion of such hearings and completion of site 
characterization activities at the Yucca Mountain site, under 
section 113, the Secretary decides to recommend approval of 
such site to the President, the Secretary shall notify the 
Governor and legislature of the State of Nevada, of such 
decision. No sooner than the expiration of the 30-day period 
following such notification, the Secretary shall submit to the 
President a recommendation that the President approve such site 
for the development of a repository. Any such recommendation by 
the Secretary shall be based on the record of information 
developed by the Secretary under section 113 and this section, 
including the information described in subparagraph (A) through 
subparagraph (G). Together with any recommendation of a site 
under this paragraph, the Secretary shall make available to the 
public, and submit to the President, a comprehensive statement 
of the basis of such recommendation, including the following:
          [(A) a description of the proposed repository, 
        including preliminary engineering specifications for 
        the facility;
          [(B) a description of the waste form or packaging 
        proposed for use at such repository, and an explanation 
        of the relationship between such waste form or 
        packaging and the geologic medium of such site;
          [(C) a discussion of data, obtained in site 
        characterization activities, relating to the safety of 
        such site;
          [(D) a final environmental impact statement prepared 
        for the Yucca Mountain site pursuant to subsection (f) 
        and the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.), together with comments made 
        concerning such environmental impact statement by the 
        Secretary of the Interior, the Council on Environmental 
        Quality, the Administrator, and the Commission, except 
        that the Secretary shall not be required in any such 
        environmental impact statement to consider the need for 
        a repository, the alternatives to geological disposal, 
        or alternative sites to the Yucca Mountain site;
          [(E) preliminary comments of the Commission 
        concerning the extent to which the at-depth site 
        characterization analysis and the waste form proposal 
        for such site seem to be sufficient for inclusion in 
        any application to be submitted by the Secretary for 
        licensing of such site as a repository;
          [(F) the views and comments of the Governor and 
        legislature of any State, or the governing body of any 
        affected Indian tribe, as determined by the Secretary, 
        together with the response of the Secretary to such 
        views;
          [(G) such other information as the Secretary 
        considers appropriate; and
          [(H) any impact report submitted under section 
        116(c)(2)(B) by the State of Nevada.
  [(2)(A) If, after recommendation by the Secretary, the 
President considers the Yucca Mountain site qualified for 
application for a construction authorization for a repository, 
the President shall submit a recommendation of such site to 
Congress.
  [(B) The President shall submit with such recommendation a 
copy of the statement of such site prepared by the Secretary 
under paragraph (1).
  [(3)(A) The President may not recommend the approval of the 
Yucca Mountain site unless the Secretary has recommended to the 
President under paragraph (1) approval of such site and has 
submitted to the President a statement for such site as 
required under such paragraph.
  [(B) No recommendation of a site by the President under this 
subsection 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 to 
require any environmental review under subparagraph (E) or (F) 
of section 102(2) of such Act.
  [(b) Submission of Application.--If the President recommends 
to the Congress the Yucca Mountain site under subsection (a) 
and the site designation is permitted to take effect under 
section 115, the Secretary shall submit to the Commission an 
application for a construction authorization for a repository 
at such site not later than 90 days after the date on which the 
recommendation of the site designation is effective under such 
section and shall provide to the Governor and legislature of 
the State of Nevada a copy of such application.
  [(c) Status Report on Application.--Not later than 1 year 
after the date on which an application for a construction 
authorization is submitted under subsection (b), and annually 
thereafter until the date on which such authorization is 
granted, the Commission shall submit a report to the Congress 
describing the proceedings undertaken through the date of such 
report with regard to such application, including a description 
of--
          [(1) any major unresolved safety issues, and the 
        explanation of the Secretary with respect to design and 
        operation plans for resolving such issues;
          [(2) any matters of contention regarding such 
        application; and
          [(3) any Commission actions regarding the granting or 
        denial of such authorization.
  [(d) Commission Action.--The Commission shall consider an 
application for a construction authorization for all or part of 
a repository in accordance with the laws applicable to such 
applications, except that the Commission shall issue a final 
decision approving or disapproving the issuance of a 
construction authorization not later than the expiration of 3 
years after the date of the submission of such application, 
except that the Commission may extend such deadline by not more 
than 12 months if, not less than 30 days before such deadline, 
the Commission complies with the reporting requirements 
established in subsection (e)(2). The Commission decision 
approving the first such application shall prohibit the 
emplacement in the first repository of a quantity of spent fuel 
containing in excess of 70,000 metric tons of heavy metal or a 
quantity of solidified high-level radioactive waste resulting 
from the reprocessing of such a quantity of spent fuel until 
such time as a second repository is in operation. In the event 
that a monitored retrievable storage facility, approved 
pursuant to subtitle C of this Act, shall be located, or is 
planned to be located, within 50 miles of the first repository, 
then the Commission decision approving the first such 
application shall prohibit the emplacement of a quantity of 
spent fuel containing in excess of 70,000 metric tons of heavy 
metal or a quantity of solidified high-level radioactive waste 
resulting from the reprocessing of spent fuel in both the 
repository and monitored retrievable storage facility until 
such time as a second repository is in operation.
  [(e) Project Decision Schedule.--(1) The Secretary shall 
prepare and update, as appropriate, in cooperation with all 
affected Federal agencies, a project decision schedule that 
portrays the optimum way to attain the operation of the 
repository, within the time periods specified in this subtitle. 
Such schedule shall include a description of objectives and a 
sequence of deadlines for all Federal agencies required to take 
action, including an identification of the activities in which 
a delay in the start, or completion, of such activities will 
cause a delay in beginning repository operation.
  [(2) Any Federal agency that determines that it cannot comply 
with any deadline in the project decision schedule, or fails to 
so comply, shall submit to the Secretary and to the Congress a 
written report explaining the reason for its failure or 
expected failure to meet such deadline, the reason why such 
agency could not reach an agreement with the Secretary, the 
estimated time for completion of the activity or activities 
involved, the associated effect on its other deadlines in the 
project decision schedule, and any recommendations it may have 
or actions it intends to take regarding any improvements in its 
operation or organization, or changes to its statutory 
directives or authority, so that it will be able to mitigate 
the delay involved. The Secretary, within 30 days after 
receiving any such report, shall file with the Congress his 
response to such report, including the reasons why the 
Secretary could not amend the project decision schedule to 
accommodate the Federal agency involved.
    [(f) Environmental Impact Statement.--(1) Any 
recommendation made by the Secretary under this section 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.). A final environmental impact statement prepared by the 
Secretary under such Act shall accompany any recommendation to 
the President to approve a site for a repository.
    [(2) With respect to the requirements imposed by the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), compliance with the procedures and requirements of this 
Act shall be deemed adequate consideration of the need for a 
repository, the time of the initial availability of a 
repository, and all alternatives to the isolation of high-level 
radioactive waste and spent nuclear fuel in a repository.
    [(3) For purposes of complying with the requirements of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) and this section, the Secretary need not consider 
alternate sites to the Yucca Mountain site for the repository 
to be developed under this subtitle.
    [(4) Any environmental impact statement prepared in 
connection with a repository proposed to be constructed by the 
Secretary under this subtitle 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 also satisfy the 
responsibilities of the Commission under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 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.).
    [(5) 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.).
    [(6) In any such statement prepared with respect to the 
repository to be constructed under this subtitle, the Nuclear 
Regulatory Commission need not consider the need for a 
repository, the time of initial availability of a repository, 
alternate sites to the Yucca Mountain site, or nongeologic 
alternatives to such site.

          H3  deg.[review of repository site selection

  [Sec. 115. (a) Definition.--For purposes of this section, the 
term ``resolution of repository siting approval'' means a joint 
resolution of the Congress, the matter after the resolving 
clause of which is as follows: ``That there hereby is approved 
the site at .......... for a repository, with respect to which 
a notice of disapproval was submitted by .......... on 
...........''. The first blank space in such resolution shall 
be filled with the name of the geographic location of the 
proposed site of the repository to which such resolution 
pertains; the second blank space in such resolution shall be 
filled with the designation of the State Governor and 
legislature or Indian tribe governing body submitting the 
notice of disapproval to which such resolution pertains; and 
the last blank space in such resolution shall be filled with 
the date of such submission.
  [(b) State or Indian Tribe Petitions.--The designation of a 
site as suitable for application for a construction 
authorization for a repository shall be effective at the end of 
the 60-day period beginning on the date that the President 
recommends such site to the Congress under section 114, unless 
the Governor and legislature of the State in which such site is 
located, or the governing body of an Indian tribe on whose 
reservation such site is located, as the case may be, has 
submitted to the Congress a notice of disapproval under section 
116 or 118. If any such notice of disapproval has been 
submitted, the designation of such site shall not be effective 
except as provided under subsection (c).
  [(c) Congressional Review of Petitions.--If any notice of 
disapproval of a repository site designation has been submitted 
to the Congress under section 116 or 118 after a recommendation 
for approval of such site is made by the President under 
section 114, such site shall be disapproved unless, during the 
first period of 90 calendar days of continuous session of the 
Congress after the date of the receipt by the Congress of such 
notice of disapproval, the Congress passes a resolution of 
repository siting approval in accordance with this subsection 
approving such site, and such resolution thereafter becomes 
law.
  [(d) Procedures Applicable to the Senate.--(1) The provisions 
of this subsection are enacted by the Congress--
          [(A) as an exercise of the rulemaking power of the 
        Senate, and as such they are deemed a part of the rules 
        of the Senate, but applicable only with respect to the 
        procedure to be followed in the Senate in the case of 
        resolutions of repository siting approval, and such 
        provisions supersede other rules of the Senate only to 
        the extent that they are inconsistent with such other 
        rules; and
          [(B) with full recognition of the constitutional 
        right of the Senate to change the rules (so far as 
        relating to the procedure of the Senate) at any time, 
        in the same manner and to the same extent as in the 
        case of any other rule of the Senate.
  [(2)(A) Not later than the first day of session following the 
day on which any notice of disapproval of a repository site 
selection is submitted to the Congress under section 116 or 
118, a resolution of repository siting approval shall be 
introduced (by request) in the Senate by the chairman of the 
committee to which such notice of disapproval is referred, or 
by a Member or Members of the Senate designated by such 
chairman.
  [(B) Upon introduction, a resolution of repository siting 
approval shall be referred to the appropriate committee or 
committees of the Senate by the President of the Senate, and 
all such resolutions with respect to the same repository site 
shall be referred to the same committee or committees. Upon the 
expiration of 60 calendar days of continuous session after the 
introduction of the first resolution of repository siting 
approval with respect to any site, each committee to which such 
resolution was referred shall make its recommendations to the 
Senate.
  [(3) If any committee to which is referred a resolution of 
siting approval introduced under paragraph (2)(A), or, in the 
absence of such a resolution, any other resolution of siting 
approval introduced with respect to the site involved, has not 
reported such resolution at the end of 60 days of continuous 
session of Congress after introduction of such resolution, such 
committee shall be deemed to be discharged from further 
consideration of such resolution, and such resolution shall be 
placed on the appropriate calendar of the Senate.
  [(4)(A) When each committee to which a resolution of siting 
approval has been referred has reported, or has been deemed to 
be discharged from further consideration of, a resolution 
described in paragraph (3), it shall at any time thereafter be 
in order (even though a previous motion to the same effect has 
been disagreed to) for any Member of the Senate to move to 
proceed to the consideration of such resolution. Such motion 
shall be highly privileged and shall not be debatable. Such 
motion shall not be subject to amendment, to a motion to 
postpone, or to a motion to proceed to the consideration of 
other business. A motion to reconsider the vote by which such 
motion is agreed to or disagreed to shall not be in order. If a 
motion to proceed to the consideration of such resolution is 
agreed to, such resolution shall remain the unfinished business 
of the Senate until disposed of.
  [(B) Debate on a resolution of siting approval, and on all 
debatable motions and appeals in connection with such 
resolution, shall be limited to not more than 10 hours, which 
shall be divided equally between Members favoring and Members 
opposing such resolution. A motion further to limit debate 
shall be in order and shall not be debatable. Such motion shall 
not be subject to amendment, to a motion to postpone, or to a 
motion to proceed to the consideration of other business, and a 
motion to recommit such resolution shall not be in order. A 
motion to reconsider the vote by which such resolution is 
agreed to or disagreed to shall not be in order.
  [(C) Immediately following the conclusion of the debate on a 
resolution of siting approval, and a single quorum call at the 
conclusion of such debate if requested in accordance with the 
rules of the Senate, the vote on final approval of such 
resolution shall occur.
  [(D) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate to the procedure 
relating to a resolution of siting approval shall be decided 
without debate.
  [(5) If the Senate receives from the House a resolution of 
repository siting approval with respect to any site, then the 
following procedure shall apply:
          [(A) The resolution of the House with respect to such 
        site shall not be referred to a committee.
          [(B) With respect to the resolution of the Senate 
        with respect to such site--
                  [(i) the procedure with respect to that or 
                other resolutions of the Senate with respect to 
                such site shall be the same as if no resolution 
                from the House with respect to such site had 
                been received; but
                  [(ii) on any vote on final passage of a 
                resolution of the Senate with respect to such 
                site, a resolution from the House with respect 
                to such site where the text is identical shall 
                be automatically substituted for the resolution 
                of the Senate.
  [(e) Procedures Applicable to the House of Representatives.--
(1) The provisions of this section are enacted by the 
Congress--
          [(A) as an exercise of the rulemaking power of the 
        House of Representatives, and as such they are deemed a 
        part of the rules of the House, but applicable only 
        with respect to the procedure to be followed in the 
        House in the case of resolutions of repository siting 
        approval, and such provisions supersede other rules of 
        the House only to the extent that they are inconsistent 
        with such other rules; and
          [(B) with full recognition of the constitutional 
        right of the House to change the rules (so far as 
        relating to the procedure of the House) at any time, in 
        the same manner and to the same extent as in the case 
        of any other rule of the House.
  [(2) Resolutions of repository siting approval shall upon 
introduction, be immediately referred by the Speaker of the 
House to the appropriate committee or committees of the House. 
Any such resolution received from the Senate shall be held at 
the Speaker's table.
  [(3) Upon the expiration of 60 days of continuous session 
after the introduction of the first resolution of repository 
siting approval with respect to any site, each committee to 
which such resolution was referred shall be discharged from 
further consideration of such resolution, and such resolution 
shall be referred to the appropriate calendar, unless such 
resolution or an identical resolution was previously reported 
by each committee to which it was referred.
  [(4) It shall be in order for the Speaker to recognize a 
Member favoring a resolution to call up a resolution of 
repository siting approval after it has been on the appropriate 
calendar for 5 legislative days. When any such resolution is 
called up, the House shall proceed to its immediate 
consideration and the Speaker shall recognize the Member 
calling up such resolution and a Member opposed to such 
resolution for 2 hours of debate in the House, to be equally 
divided and controlled by such Members. When such time has 
expired, the previous question shall be considered as ordered 
on the resolution to adoption without intervening motion. No 
amendment to any such resolution shall be in order, nor shall 
it be in order to move to reconsider the vote by which such 
resolution is agreed to or disagreed to.
  [(5) If the House receives from the Senate a resolution of 
repository siting approval with respect to any site, then the 
following procedure shall apply:
          [(A) The resolution of the Senate with respect to 
        such site shall not be referred to a committee.
          [(B) With respect to the resolution of the House with 
        respect to such site--
                  [(i) the procedure with respect to that or 
                other resolutions of the House with respect to 
                such site shall be the same as if no resolution 
                from the Senate with respect to such site had 
                been received; but
                  [(ii) on any vote on final passage of a 
                resolution of the House with respect to such 
                site, a resolution from the Senate with respect 
                to such site where the text is identical shall 
                be automatically substituted for the resolution 
                of the House.
  [(f) Computation of Days.--For purposes of this section--
          [(1) continuity of session of Congress is broken only 
        by an adjournment sine die; and
          [(2) the days on which either House is not in session 
        because of an adjournment of more than 3 days to a day 
        certain are excluded in the computation of the 90-day 
        period referred to in subsection (c) and the 60-day 
        period referred to in subsections (d) and (e).
  [(g) Information Provided to Congress.--In considering any 
notice of disapproval submitted to the Congress under section 
116 or 118, the Congress may obtain any comments of the 
Commission with respect to such notice of disapproval. The 
provision of such comments by the Commission shall not be 
construed as binding the Commission with respect to any 
licensing or authorization action concerning the repository 
involved.

                        [participation of states

  [Sec. 116. (a) Notification of States and Affected Tribes.--
The Secretary shall identify the States with one or more 
potentially acceptable sites for a repository within 90 days 
after the date of enactment of this Act. Within 90 days of such 
identification, the Secretary shall notify the Governor, the 
State legislature, and the tribal council of any affected 
Indian tribe in any State of the potentially acceptable sites 
within such State. For the purposes of this title, the term 
``potentially acceptable site'' means any site at which, after 
geologic studies and field mapping but before detailed geologic 
data gathering, the Department undertakes preliminary drilling 
and geophysical testing for the definition of site location.
  [(b) State Participation in Repository Siting Decisions.--(1) 
Unless otherwise provided by State law, the Governor or 
legislature of each State shall have authority to submit a 
notice of disapproval to the Congress under paragraph (2). In 
any case in which State law provides for submission of any such 
notice of disapproval by any other person or entity, any 
reference in this subtitle to the Governor or legislature of 
such State shall be considered to refer instead to such other 
person or entity.
  [(2) Upon the submission by the President to the Congress of 
a recommendation of a site for a repository, the Governor or 
legislature of the State in which such site is located may 
disapprove the site designation and submit to the Congress a 
notice of disapproval. Such Governor or legislature may submit 
such a notice of disapproval to the Congress not later than the 
60 days after the date that the President recommends such site 
to the Congress under section 114. A notice of disapproval 
shall be considered to be submitted to the Congress on the date 
of the transmittal of such notice of disapproval to the Speaker 
of the House and the President pro tempore of the Senate. Such 
notice of disapproval shall be accompanied by a statement of 
reasons explaining why such Governor or legislature disapproved 
the recommended repository site involved.
  [(3) The authority of the Governor or legislature of each 
State under this subsection shall not be applicable with 
respect to any site located on a reservation.
    [(c) Financial Assistance.--(1)(A) The Secretary shall make 
grants to the State of Nevada and any affected unit of local 
government for the purpose of participating in activities 
required by this section and section 117 or authorized by 
written agreement entered into pursuant to section 117(c). Any 
salary or travel expense that would ordinarily be incurred by 
such State or affected unit of local government, may not be 
considered eligible for funding under this paragraph.
    [(B) The Secretary shall make grants to the State of Nevada 
and any affected unit of local government for purposes of 
enabling such State or affected unit of local government--
          [(i) to review activities taken under this subtitle 
        with respect to the Yucca Mountain site for purposes of 
        determining any potential economic, social, public 
        health and safety, and environmental impacts of a 
        repository on such State, or affected unit of local 
        government and its residents;
          [(ii) to develop a request for impact assistance 
        under paragraph (2);
          [(iii) to engage in any monitoring, testing, or 
        evaluation activities with respect to site 
        characterization programs with regard to such site;
          [(iv) to provide information to Nevada residents 
        regarding any activities of such State, the Secretary, 
        or the Commission with respect to such site; and
          [(v) to request information from, and make comments 
        and recommendations to, the Secretary regarding any 
        activities taken under this subtitle with respect to 
        such site.
    [(C) Any salary or travel expense that would ordinarily be 
incurred by the State of Nevada or any affected unit of local 
government may not be considered eligible for funding under 
this paragraph.
    [(2)(A)(i) The Secretary shall provide financial and 
technical assistance to the State of Nevada, and any affected 
unit of local government requesting such assistance.
    [(ii) Such assistance shall be designed to mitigate the 
impact on such State or affected unit of local government of 
the development of such repository and the characterization of 
such site.
    [(iii) Such assistance to such State or affected unit of 
local government of such State shall commence upon the 
initiation of site characterization activities.
    [(B) The State of Nevada and any affected unit of local 
government may request assistance under this subsection 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 site characterization 
activities at the Yucca Mountain site. Such report shall be 
submitted to the Secretary after the Secretary has submitted to 
the State a general plan for site characterization activities 
under section 113(b).
    [(C) As soon as practicable after the Secretary has 
submitted such site characterization plan, the Secretary shall 
seek to enter into a binding agreement with the State of Nevada 
setting forth--
          [(i) the amount of assistance to be provided under 
        this subsection to such State or affected unit of local 
        government; and
          [(ii) the procedures to be followed in providing such 
        assistance.
    [(3)(A) In addition to financial assistance provided under 
paragraphs (1) and (2), the Secretary shall grant to the State 
of Nevada and any affected unit of local government an amount 
each fiscal year equal to the amount such State or affected 
unit of local government, respectively, would receive if 
authorized to tax site characterization activities at such 
site, and the development and operation of such repository, as 
such State or affected unit of local government taxes the non-
Federal real property and industrial activities occurring 
within such State or affected unit of local government.
    [(B) Such grants shall continue until such time as all such 
activities, development, and operation are terminated at such 
site.
    [(4)(A) The State of Nevada or any affected unit of local 
government may not receive any grant under paragraph (1) after 
the expiration of the 1-year period following--
          [(i) the date on which the Secretary notifies the 
        Governor and legislature of the State of Nevada of the 
        termination of site characterization activities at the 
        site in such State;
          [(ii) the date on which the Yucca Mountain site is 
        disapproved under section 115; or
          [(iii) the date on which the Commission disapproves 
        an application for a construction authorization for a 
        repository at such site;
whichever occurs first.
    [(B) The State of Nevada or any affected unit of local 
government may not receive any further assistance under 
paragraph (2) with respect to a site if repository construction 
activities or site characterization activities at such site are 
terminated by the Secretary or if such activities are 
permanently enjoined by any court.
    [(C) At the end of the 2-year period beginning on the 
effective date of any license to receive and possess for a 
repository in a State, no Federal funds, shall be made 
available to such State or affected unit of local government 
under paragraph (1) or (2), except for--
          [(i) such funds as may be necessary to support 
        activities related to any other repository located in, 
        or proposed to be located in, such State, and for which 
        a license to receive and possess has not been in effect 
        for more than 1 year;
          [(ii) such funds as may be necessary to support State 
        activities pursuant to agreements or contracts for 
        impact assistance entered into, under paragraph (2), by 
        such State with the Secretary during such 2-year 
        period; and
          [(iii) such funds as may be provided under an 
        agreement entered into under title IV.
    [(5) Financial assistance authorized in this subsection 
shall be made out of amounts held in the Waste Fund.
    [(6) No State, other than the State of Nevada, may receive 
financial assistance under this subsection after the date of 
the enactment of the Nuclear Waste Policy Amendments Act of 
1987.
  [(d) Additional Notification and Consultation.--Whenever the 
Secretary is required under any provision of this Act to notify 
or consult with the governing body of an affected Indian tribe 
where a site is located, the Secretary shall also notify or 
consult with, as the case may be, the Governor of the State in 
which such reservation is located.

          [consultation with states and affected indian tribes

  [Sec. 117. (a) Provision of Information.--(1) The Secretary, 
the Commission, and other agencies involved in the 
construction, operation, or regulation of any aspect of a 
repository in a State shall provide to the Governor and 
legislature of such State, and to the governing body of any 
affected Indian tribe, timely and complete information 
regarding determinations or plans made with respect to the site 
characterization siting, development, design, licensing, 
construction, operation, regulation, or decommissioning of such 
repository.
  [(2) Upon written request for such information by the 
Governor or legislature of such State, or by the governing body 
of any affected Indian tribe, as the case may be, the Secretary 
shall provide a written response to such request within 30 days 
of the receipt of such request. Such response shall provide the 
information requested or, in the alternative, the reasons why 
the information cannot be so provided. If the Secretary fails 
to so respond within such 30 days, the Governor or legislature 
of such State, or the governing body of any affected Indian 
tribe, as the case may be, may transmit a formal written 
objection to such failure to respond to the President. If the 
President or Secretary fails to respond to such written request 
within 30 days of the receipt by the President of such formal 
written objection, the Secretary shall immediately suspend all 
activities in such State authorized by this subtitle, and shall 
not renew such activities until the Governor or legislature of 
such State, or the governing body of any affected Indian tribe, 
as the case may be, has received the written response to such 
written request required by this subsection.
  [(b) Consultation and Cooperation.--In performing any study 
of an area within a State for the purpose of determining the 
suitability of such area for a repository pursuant to section 
112(c), and in subsequently developing and loading any 
repository within such State, the Secretary shall consult and 
cooperate with the Governor and legislature of such State and 
the governing body of any affected Indian tribe in an effort to 
resolve the concerns of such State and any affected Indian 
tribe regarding the public health and safety, environmental, 
and economic impacts of any such repository. In carrying out 
his duties under this subtitle, the Secretary shall take such 
concerns into account to the maximum extent feasible and as 
specified in written agreements entered into under subsection 
(c).
  [(c) Written Agreement.--Not later than 60 days after (1) the 
approval of a site for site characterization for such a 
repository under section 112(c), or (2) the written request of 
the State or Indian tribe in any affected State notified under 
section 116(a) to the Secretary, whichever, first occurs, the 
Secretary shall seek to enter into a binding written agreement, 
and shall begin negotiations, with such State and, where 
appropriate, to enter into a separate binding agreement with 
the governing body of any affected Indian tribe, setting forth 
(but not limited to) the procedures under which the 
requirements of subsections (a) and (b), and the provisions of 
such written agreement, shall be carried out. Any such written 
agreement shall not affect the authority of the Commission 
under existing law. Each such written agreement shall, to the 
maximum extent feasible, be completed not later than 6 months 
after such notification. If such written agreement is not 
completed within such period, the Secretary shall report to the 
Congress in writing within 30 days on the status of 
negotiations to develop such agreement and the reasons why such 
agreement has not been completed. Prior to submission of such 
report to the Congress, the Secretary shall transmit such 
report to the Governor of such State or the governing body of 
such affected Indian tribe, as the case may be, for their 
review and comments. Such comments shall be included in such 
report prior to submission to the Congress. Such written 
agreement shall specify procedures--
          [(1) by which such State or governing body of an 
        affected Indian tribe, as the case may be, may study, 
        determine, comment on, and make recommendations with 
        regard to the possible public health and safety, 
        environmental, social, and economic impacts of any such 
        repository;
          [(2) by which the Secretary shall consider and 
        respond to comments and recommendations made by such 
        State or governing body of an affected Indian tribe, 
        including the period in which the Secretary shall so 
        respond;
          [(3) by which the Secretary and such State or 
        governing body of an affected Indian tribe may review 
        or modify the agreement periodically;
          [(4) by which such State or governing body of an 
        affected Indian tribe is to submit an impact report and 
        request for impact assistance under section 116(c) or 
        section 118(b), as the case may be;
          [(5) by which the Secretary shall assist such State, 
        and the units of general local government in the 
        vicinity of the repository site, in resolving the 
        offsite concerns of such State and units of general 
        local government, including, but not limited to, 
        questions of State liability arising from accidents, 
        necessary road upgrading and access to the site, 
        ongoing emergency preparedness and emergency response, 
        monitoring of transportation of high-level radioactive 
        waste and spent nuclear fuel through such State, 
        conduct of baseline health studies of inhabitants in 
        neighboring communities near the repository site and 
        reasonable periodic monitoring thereafter, and 
        monitoring of the repository site upon any 
        decommissioning and decontamination;
          [(6) by which the Secretary shall consult and 
        cooperate with such State on a regular, ongoing basis 
        and provide for an orderly process and timely schedule 
        for State review and evaluation, including 
        identification in the agreement of key events, 
        milestones, and decision points in the activities of 
        the Secretary at the potential repository site;
          [(7) by which the Secretary shall notify such State 
        prior to the transportation of any high-level 
        radioactive waste and spent nuclear fuel into such 
        State for disposal at the repository site;
          [(8) by which such State may conduct reasonable 
        independent monitoring and testing of activities on the 
        repository site, except that such monitoring and 
        testing shall not unreasonably interfere with or delay 
        onsite activities;
          [(9) for sharing, in accordance with applicable law, 
        of all technical and licensing information, the 
        utilization of available expertise, the facilitating of 
        permit procedures, joint project review, and the 
        formulation of joint surveillance and monitoring 
        arrangements to carry out applicable Federal and State 
        laws;
          [(10) for public notification of the procedures 
        specified under the preceding paragraphs; and
          [(11) for resolving objections of a State and 
        affected Indian tribes at any stage of the planning, 
        siting, development, construction, operation, or 
        closure of such a facility within such State through 
        negotiation, arbitration, or other appropriate 
        mechanisms.
  [(d) On-Site Representative.--The Secretary shall offer to 
any State, Indian tribe or unit of local government within 
whose jurisdiction a site for a repository or monitored 
retrievable storage facility is located under this title an 
opportunity to designate a representative to conduct on-site 
oversight activities at such site. Reasonable expenses of such 
representatives shall be paid out of the Waste Fund.

                    [participation of indian tribes

  [Sec. 118. (a) Participation of Indian Tribes in Repository 
Siting Decisions.--Upon the submission by the President to the 
Congress of a recommendation of a site for a repository located 
on the reservation of an affected Indian tribe, the governing 
body of such Indian tribe may disapprove the site designation 
and submit to the Congress a notice of disapproval. The 
governing body of such Indian tribe may submit such a notice of 
disapproval to the Congress not later than the 60 days after 
the date that the President recommends such site to the 
Congress under section 114. A notice of disapproval shall be 
considered to be submitted to the Congress on the date of the 
transmittal of such notice of disapproval to the Speaker of the 
House and the President pro tempore of the Senate. Such notice 
of disapproval shall be accompanied by a statement of reasons 
explaining why the governing body of such Indian tribe 
disapproved the recommended repository site involved.
  [(b) Financial Assistance.--(1) The Secretary shall make 
grants to each affected tribe notified under section 116(a) for 
the purpose of participating in activities required by section 
117 or authorized by written agreement entered into pursuant to 
section 117(c). Any salary or travel expense that would 
ordinarily be incurred by such tribe, may not be considered 
eligible for funding under this paragraph.
  [(2)(A) The Secretary shall make grants to each affected 
Indian tribe where a candidate site for a repository is 
approved under section 112(c). Such grants may be made to each 
such Indian tribe only for purposes of enabling such Indian 
tribe--
          [(i) to review activities taken under this subtitle 
        with respect to such site for purposes of determining 
        any potential economic, social, public health and 
        safety, and environmental impacts of such repository on 
        the reservation and its residents;
          [(ii) to develop a request for impact assistance 
        under paragraph (2);
          [(iii) to engage in any monitoring, testing, or 
        evaluation activities with respect to site 
        characterization programs with regard to such site;
          [(iv) to provide information to the residents of its 
        reservation regarding any activities of such Indian 
        tribe, the Secretary, or the Commission with respect to 
        such site; and
          [(v) to request information from, and make comments 
        and recommendations to, the Secretary regarding any 
        activities taken under this subtitle with respect to 
        such site.
  [(B) The amount of funds provided to any affected Indian 
tribe under this paragraph in any fiscal year may not exceed 
100 percent of the costs incurred by such Indian tribe with 
respect to the activities described in clauses (i) through (v) 
of subparagraph (A). Any salary or travel expense that would 
ordinarily be incurred by such Indian tribe may not be 
considered eligible for funding under this paragraph.
  [(3)(A) The Secretary shall provide financial and technical 
assistance to any affected Indian tribe requesting such 
assistance and where there is a site with respect to which the 
Commission has authorized construction of a repository. Such 
assistance shall be designed to mitigate the impact on such 
Indian tribe of the development of such repository. Such 
assistance to such Indian tribe shall commence within 6 months 
following the granting by the Commission of a construction 
authorization for such repository and following the initiation 
of construction activities at such site.
  [(B) Any affected Indian tribe desiring assistance under this 
paragraph shall prepare and submit to the Secretary a report on 
any economic, social, public health and safety, and 
environmental impacts that are likely as a result of the 
development of a repository at a site on the reservation of 
such Indian tribe. Such report shall be submitted to the 
Secretary following the completion of site characterization 
activities at such site and before the recommendation of such 
site to the President by the Secretary for application for a 
construction authorization for a repository. As soon as 
practicable following the granting of a construction 
authorization for such repository, the Secretary shall seek to 
enter into a binding agreement with the Indian tribe involved 
setting forth the amount of assistance to be provided to such 
Indian tribe under this paragraph and the procedures to be 
followed in providing such assistance.
  [(4) The Secretary shall grant to each affected Indian tribe 
where a site for a repository is approved under section 112(c) 
an amount each fiscal year equal to the amount such Indian 
tribe would receive were it authorized to tax site 
characterization activities at such site, and the development 
and operation of such repository, as such Indian tribe taxes 
the other commercial activities occurring on such reservation. 
Such grants shall continue until such time as all such 
activities, development, and operation are terminated at such 
site.
  [(5) An affected Indian tribe may not receive any grant under 
paragraph (1) after the expiration of the 1-year period 
following--
          [(i) the date on which the Secretary notifies such 
        Indian tribe of the termination of site 
        characterization activities at the candidate site 
        involved on the reservation of such Indian tribe;
          [(ii) the date on which such site is disapproved 
        under section 115;
          [(iii) the date on which the Commission disapproves 
        an application for a construction authorization for a 
        repository at such site;
          [(iv) the date of the enactment of the Nuclear Waste 
        Policy Amendments Act of 1987;
whichever occurs first, unless there is another candidate site 
on the reservation of such Indian tribe that is approved under 
section 112(c) and with respect to which the actions described 
in clauses (i), (ii), and (iii) have not been taken.
  [(B) An affected Indian tribe may not receive any further 
assistance under paragraph (2) with respect to a site if 
repository construction activities at such site are terminated 
by the Secretary or if such activities are permanently enjoined 
by any court.
  [(C) At the end of the 2-year period beginning on the 
effective date of any license to receive and possess for a 
repository at a site on the reservation of an affected Indian 
tribe, no Federal funds shall be made available under paragraph 
(1) or (2) to such Indian tribe, except for--
          [(i) such funds as may be necessary to support 
        activities of such Indian tribe related to any other 
        repository where a license to receive and possess has 
        not been in effect for more than 1 year; and
          [(ii) such funds as may be necessary to support 
        activities of such Indian tribe pursuant to agreements 
        or contracts for impact assistance entered into, under 
        paragraph (2), by such Indian tribe with the Secretary 
        during such 2-year period.
  [(6) Financial assistance authorized in this subsection shall 
be made out of amounts held in the Nuclear Waste Fund 
established in section 302.

                   [judicial review of agency actions

  [Sec. 119. (a) Jurisdiction of United States Courts of 
Appeals.--(1) Except for review in the Supreme Court of the 
United States, 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 subtitle;
          [(B) alleging the failure of the Secretary, the 
        President, or the Commission to make any decision, or 
        take any action, required under this subtitle;
          [(C) challenging the constitutionality of any 
        decision made, or action taken, under any provision of 
        this subtitle;
          [(D) for review of any environmental impact statement 
        prepared pursuant to the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.) with respect to 
        any action under this subtitle, or as required under 
        section 135(c)(1), or alleging a failure to prepare 
        such statement with respect to any such action;
          [(E) for review of any environmental assessment 
        prepared under section 112(b)(1) or 135(c)(2); or
          [(F) for review of any research and development 
        activity under title II.
  [(2) 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.
  [(c) Deadline for Commencing Action.--A civil action for 
judicial review described under subsection (a)(1) may be 
brought not later than the 180th day after the date of the 
decision or action or failure to act involved, as the case may 
be, except that if a party shows that he did not know of the 
decision or action complained of (or of the failure to act), 
and that a reasonable person acting under the circumstances 
would not have known, such party may bring a civil action not 
later than the 180th day after the date such party acquired 
actual or constructive knowledge of such decision, action, or 
failure to act.

                       [expedited authorizations

  [Sec. 120. (a) Issuance of Authorizations.--(1) To the extent 
that the taking of any action related to the site 
characterization of a site or the construction or initial 
operation of a repository under this subtitle requires a 
certificate, right-of-way, permit, lease, or other 
authorization from a Federal agency or officer, such agency or 
officer shall issue or grant any such authorization at the 
earliest practicable date, to the extent permitted by the 
applicable provisions of law administered by such agency or 
officer. All actions of a Federal agency or officer with 
respect to consideration of applications or requests for the 
issuance or grant of any such authorization shall be expedited, 
and any such application or request shall take precedence over 
any similar applications or requests not related to such 
repositories.
  [(2) The provisions of paragraph (1) shall not apply to any 
certificate, right-of-way, permit, lease, or other 
authorization issued or granted by, or requested from, the 
Commission.
  [(b) Terms of Authorizations.--Any authorization issued or 
granted pursuant to subsection (a) shall include such terms and 
conditions as may be required by law, and may include terms and 
conditions permitted by law.

                    [certain standards and criteria

  [Sec. 121. (a) Environmental Protection Agency Standards.--
Not later than 1 year after the date of the enactment of this 
Act, the Administrator, pursuant to authority under other 
provisions of law, shall, by rule, promulgate generally 
applicable standards for protection of the general environment 
from offsite releases from radioactive material in 
repositories.
  [(b) Commission Requirements and Criteria.--(1)(A) Not later 
than January 1, 1984, the Commission, pursuant to authority 
under other provisions of law, shall, by rule, promulgate 
technical requirements and criteria that it will apply, under 
the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) and the 
Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.), in 
approving or disapproving--
          [(i) applications for authorization to construct 
        repositories;
          [(ii) applications for licenses to receive and 
        possess spent nuclear fuel and high-level radioactive 
        waste in such repositories; and
          [(iii) applications for authorization for closure and 
        decommissioning of such repositories.
  [(B) Such criteria shall provide for the use of a system of 
multiple barriers in the design of the repository and shall 
include such restrictions on the retrievability of the 
solidified high-level radioactive waste and spent fuel emplaced 
in the repository as the Commission deems appropriate.
  [(C) Such requirements and criteria shall not be inconsistent 
with any comparable standards promulgated by the Administrator 
under subsection (a).
  [(2) For purposes of this Act, nothing in this section shall 
be construed to prohibit the Commission from promulgating 
requirements and criteria under paragraph (1) before the 
Administrator promulgates standards under subsection (a). If 
the Administrator promulgates standards under subsection (a) 
after requirements and criteria are promulgated by the 
Commission under paragraph (1), such requirements and criteria 
shall be revised by the Commission if necessary to comply with 
paragraph (1)(C).
  [(c) Environmental Impact Statement.--The promulgation of 
standards or criteria in accordance with the provisions of this 
section 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)(C)), or to 
require any environmental review under subparagraph (E) or (F) 
of section 102(2) of such Act.

                    [disposal of spent nuclear fuel

  [Sec. 122. Notwithstanding any other provision of this 
subtitle, any repository constructed on a site approved under 
this subtitle shall be designed and constructed to permit the 
retrieval of any spent nuclear fuel placed in such repository, 
during an appropriate period of operation of the facility, for 
any reason pertaining to the public health and safety, or the 
environment, or for the purpose of permitting the recovery of 
the economically valuable contents of such spent fuel. The 
Secretary shall specify the appropriate period of 
retrievability with respect to any repository at the time of 
design of such repository, and such aspect of such repository 
shall be subject to approval or disapproval by the Commission 
as part of the construction authorization process under 
subsections (b) through (d) of section 114.

                           [title to material

  [Sec. 123. Delivery, and acceptance by the Secretary, of any 
high-level radioactive waste or spent nuclear fuel for a 
repository constructed under this subtitle shall constitute a 
transfer to the Secretary of title to such waste or spent fuel.

        [consideration of effect of acquisition of water rights

  [Sec. 124. The Secretary shall give full consideration to 
whether the development, construction, and operation of a 
repository may require any purchase or other acquisition of 
water rights that will have a significant adverse effect on the 
present or future development of the area in which such 
repository is located. The Secretary shall mitigate any such 
adverse effects to the maximum extent practicable.

                   [termination of certain provisions

  [Sec. 125. Sections 119 and 120 shall cease to have effect at 
such time as a repository developed under this subtitle is 
licensed to receive and possess high-level radioactive waste 
and spent nuclear fuel.

                  [Subtitle B--Interim Storage Program

                         [findings and purposes

  [Sec. 131. (a) Findings.--The Congress finds that--
          [(1) the persons owning and operating civilian 
        nuclear power reactors have the primary responsibility 
        for providing interim storage of spent nuclear fuel 
        from such reactors, by maximizing, to the extent 
        practical, the effective use of existing storage 
        facilities at the site of each civilian nuclear power 
        reactor, and by adding new onsite storage capacity in a 
        timely manner where practical;
          [(2) the Federal Government has the responsibility to 
        encourage and expedite the effective use of existing 
        storage facilities and the addition of needed new 
        storage capacity at the site of each civilian nuclear 
        power reactor; and
          [(3) the Federal Government has the responsibility to 
        provide, in accordance with the provisions of this 
        subtitle, not more than 1,900 metric tons of capacity 
        for interim storage of spent nuclear fuel for civilian 
        nuclear power reactors that cannot reasonably provide 
        adequate storage capacity at the sites of such reactors 
        when needed to assure the continued, orderly operation 
        of such reactors.
  [(b) Purposes.--The purposes of this subtitle are--
          [(1) to provide for the utilization of available 
        spent nuclear fuel pools at the site of each civilian 
        nuclear power reactor to the extent practical and the 
        addition of new spent nuclear fuel storage capacity 
        where practical at the site of such reactor; and
          [(2) to provide, in accordance with the provisions of 
        this subtitle, for the establishment of a federally 
        owned and operated system for the interim storage of 
        spent nuclear fuel at one or more facilities owned by 
        the Federal Government with not more than 1,900 metric 
        tons of capacity to prevent disruptions in the orderly 
        operation of any civilian nuclear power reactor that 
        cannot reasonably provide adequate spent nuclear fuel 
        storage capacity at the site of such reactor when 
        needed.

     [available capacity for interim storage of spent nuclear fuel

  [Sec. 132. The Secretary, the Commission, and other 
authorized Federal officials shall each take such actions as 
such official considers necessary to encourage and expedite the 
effective use of available storage, and necessary additional 
storage, at the site of each civilian nuclear power reactor 
consistent with--
          [(1) the protection of the public health and safety, 
        and the environment;
          [(2) economic considerations;
          [(3) continued operation of such reactor;
          [(4) any applicable provisions of law; and
          [(5) the views of the population surrounding such 
        reactor.

                      [interim at reactor storage

  [Sec. 133. The Commission shall, by rule, establish 
procedures for the licensing of any technology approved by the 
Commission under section 219(a) for use at the site of any 
civilian nuclear power reactor. 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.

          [licensing of facility expansions and transshipments

  [Sec. 134. (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 the date of the enactment of 
this Act, to expand the spent nuclear fuel storage capacity at 
the site of a civilian nuclear power reactor, through the use 
of high-density fuel storage racks, fuel rod compaction, the 
transshipment of spent nuclear fuel to another civilian nuclear 
power reactor within the same utility system, the construction 
of additional spent nuclear fuel pool capacity or dry storage 
capacity, or by other means, the Commission shall, at the 
request of any party, provide an opportunity for oral argument 
with respect to any matter which the Commission determines to 
be in controversy among the parties. The oral argument shall be 
preceded by such discovery procedures as the rules of the 
Commission shall provide. The Commission shall require each 
party, including the Commission staff, to submit in written 
form, at the time of the oral argument, a summary of the facts, 
data, and arguments upon which such party proposes to rely that 
are known at such time to such party. Only facts and data in 
the form of sworn testimony or written submission may be relied 
upon by the parties during oral argument. Of the materials that 
may be submitted by the parties during oral argument, the 
Commission shall only consider those facts and data that are 
submitted in the form of sworn testimony or written submission.
  [(b) Adjudicatory Hearing.--(1) 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) 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 for 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) 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) The provisions of this section shall not apply to the 
first application for a license or license amendment received 
by the Commission to expand onsite spent fuel storage capacity 
by the use of a new technology not previously approved for use 
at any nuclear powerplant 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.

                     [storage of spent nuclear fuel

  [Sec. 135. (a) Storage Capacity.--(1) Subject to section 8, 
the Secretary shall provide, in accordance with paragraph (5), 
not more than 1,900 metric tons of capacity for the storage of 
spent nuclear fuel from civilian nuclear power reactors. Such 
storage capacity shall be provided through any one or more of 
the following methods, used in any combination determined by 
the Secretary to be appropriate:
          [(A) use of available capacity at one or more 
        facilities owned by the Federal Government on the date 
        of the enactment of this Act, including the 
        modification and expansion of any such facilities, if 
        the Commission determines that such use will adequately 
        protect the public health and safety, except that such 
        use shall not--
                  [(i) render such facilities subject to 
                licensing under the Atomic Energy Act of 1954 
                (42 U.S.C. 2011 et seq.) or the Energy 
                Reorganization Act of 1974 (42 U.S.C. 5801 et 
                seq.); or
                  [(ii) except as provided in subsection (c) 
                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)), such facility is already 
                being used, or has previously been used, for 
                such storage or for any similar purpose.
          [(B) acquisition of any modular or mobile spent 
        nuclear fuel storage equipment, including spent nuclear 
        fuel storage casks, and provision of such equipment, to 
        any person generating or holding title to spent nuclear 
        fuel, at the site of any civilian nuclear power reactor 
        operated by such person or at any site owned by the 
        Federal Government on the date of enactment of this 
        Act;
          [(C) construction of storage capacity at any site of 
        a civilian nuclear power reactor.
  [(2) Storage capacity authorized by paragraph (1) shall not 
be provided at any Federal or non-Federal site within which 
there is a candidate site for a repository. The restriction in 
the preceding sentence shall only apply until such time as the 
Secretary decides that such candidate site is no longer a 
candidate site under consideration for development as a 
repository.
  [(3) In selecting methods of providing storage capacity under 
paragraph (1), the Secretary shall consider the timeliness of 
the availability of each such method and shall seek to minimize 
the transportation of spent nuclear fuel, the public health and 
safety impacts, and the costs of providing such storage 
capacity.
  [(4) In providing storage capacity through any method 
described in paragraph (1), the Secretary shall comply with any 
applicable requirements for licensing or authorization of such 
method, except as provided in paragraph (1)(A)(i).
  [(5) The Secretary shall ensure that storage capacity is made 
available under paragraph (1) when needed, as determined on the 
basis of the storage needs specified in contracts entered into 
under section 136(a), and shall accept upon request any spent 
nuclear fuel as covered under such contracts.
  [(6) For purposes of paragraph (1)(A), the term ``facility'' 
means any building or structure.
  [(b) Contracts.--(1) Subject to the capacity limitation 
established in subsections (a) (1) and (d) the Secretary shall 
offer to enter into, and may enter into, contracts under 
section 136(a) with any person generating or owning spent 
nuclear fuel for purposes of providing storage capacity for 
such spent fuel under this section only if the Commission 
determines that--
          [(A) adequate storage capacity to ensure the 
        continued orderly operation of the civilian nuclear 
        power reactor at which such spent nuclear fuel is 
        generated cannot reasonably be provided by the person 
        owning and operating such reactor at such site, or at 
        the site of any other civilian nuclear power reactor 
        operated by such person, and such capacity cannot be 
        made available in a timely manner through any method 
        described in subparagraph (B); and
          [(B) such person is diligently pursuing licensed 
        alternatives to the use of Federal storage capacity for 
        the storage of spent nuclear fuel expected to be 
        generated by such person in the future, including--
                  [(i) expansion of storage facilities at the 
                site of any civilian nuclear power reactor 
                operated by such person;
                  [(ii) construction of new or additional 
                storage facilities at the site of any civilian 
                nuclear power reactor operated by such person;
                  [(iii) acquisition of modular or mobile spent 
                nuclear fuel storage equipment, including spent 
                nuclear fuel storage casks, for use at the site 
                of any civilian nuclear power reactor operated 
                by such person; and
                  [(iv) transshipment to another civilian 
                nuclear power reactor owned by such person.
  [(2) In making the determination described in paragraph 
(1)(A), the Commission shall ensure maintenance of a full core 
reserve storage capability at the site of the civilian nuclear 
power reactor involved unless the Commission determines that 
maintenance of such capability is not necessary for the 
continued orderly operation of such reactor.
  [(3) The Commission shall complete the determinations 
required in paragraph (1) with respect to any request for 
storage capacity not later than 6 months after receipt of such 
request by the Commission.
  [(c) Environmental Review.--(1) The provision of 300 or more 
metric tons of storage capacity at any one Federal site under 
subsection (a)(1)(A) shall be considered to be a major Federal 
action requiring 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)).
  [(2)(A) The Secretary shall prepare, and make available to 
the public, an environmental assessment of the probable impacts 
of any provision of less than 300 metric tons of storage 
capacity at any one Federal site under subsection (a)(1)(A) 
that requires the modification or expansion of any facility at 
the site, and a discussion of alternative activities that may 
be undertaken to avoid such impacts. Such environmental 
assessment shall include--
          [(i) an estimate of the amount of storage capacity to 
        be made available at such site;
          [(ii) an evaluation as to whether the facilities to 
        be used at such site are suitable for the provision of 
        such storage capacity;
          [(iii) a description of activities planned by the 
        Secretary with respect to the modification or expansion 
        of the facilities to be used at such site;
          [(iv) an evaluation of the effects of the provision 
        of such storage capacity at such site on the public 
        health and safety, and the environment;
          [(v) a reasonable comparative evaluation of current 
        information with respect to such site and facilities 
        and other sites and facilities available for the 
        provision of such storage capacity;
          [(vi) a description of any other sites and facilities 
        that have been considered by the Secretary for the 
        provision of such storage capacity; and
          [(vii) an assessment of the regional and local 
        impacts of providing such storage capacity at such 
        site, including the impacts on transportation.
  [(B) The issuance of any environmental assessment under this 
paragraph shall be considered to be a final agency action 
subject to judicial review in accordance with the provisions of 
chapter 7 of title 5, United States Code. Such judicial review 
shall be limited to the sufficiency of such assessment with 
respect to the items described in clauses (i) through (vii) of 
subparagraph (A).
  [(3) Judicial review of any environmental impact statement or 
environmental assessment prepared pursuant to this subsection 
shall be conducted in accordance with the provisions of section 
119.
  [(d) Review of Sites and State Participation.--(1) In 
carrying out the provisions of this subtitle with regard to any 
interim storage of spent fuel from civilian nuclear power 
reactors which the Secretary is authorized by section 135 to 
provide, the Secretary shall, as soon as practicable, notify, 
in writing, the Governor and the State legislature of any State 
and the Tribal Council of any affected Indian tribe in such 
State in which is located a potentially acceptable site or 
facility for such interim storage of spent fuel of his 
intention to investigate that site or facility.
  [(2) During the course of investigation of such site or 
facility, the Secretary shall keep the Governor, State 
legislature, and affected Tribal Council currently informed of 
the progress of the work, and results of the investigation. At 
the time of selection by the Secretary of any site or existing 
facility, but prior to undertaking any site-specific work or 
alterations, the Secretary shall promptly notify the Governor, 
the legislature, and any affected Tribal Council in writing of 
such selection, and subject to the provisions of paragraph (6) 
of this subsection, shall promptly enter into negotiations with 
such State and affected Tribal Council to establish a 
cooperative agreement under which such State and Council shall 
have the right to participate in a process of consultation and 
cooperation, based on public health and safety and 
environmental concerns, in all stages of the planning, 
development, modification, expansion, operation, and closure of 
storage capacity at a site or facility within such State for 
the interim storage of spent fuel from civilian nuclear power 
reactors. Public participation in the negotiation of such an 
agreement shall be provided for and encouraged by the 
Secretary, the State, and the affected Tribal Council. The 
Secretary, in cooperation with the States and Indian tribes, 
shall develop and publish minimum guidelines for public 
participation in such negotiations, but the adequacy of such 
guidelines or any failure to comply with such guidelines shall 
not be a basis for judicial review.
  [(3) The cooperative agreement shall include, but need not be 
limited to, the sharing in accordance with applicable law of 
all technical and licensing information, the utilization of 
available expertise, the facilitating of permitting procedures, 
joint project review, and the formulation of joint surveillance 
and monitoring arrangements to carry out applicable Federal and 
State laws. The cooperative agreement also shall include a 
detailed plan or schedule of milestones, decision points and 
opportunities for State or eligible Tribal Council review and 
objection. Such cooperative agreement shall provide procedures 
for negotiating and resolving objections of the State and 
affected Tribal Council in any stage of planning, development, 
modification, expansion, operation, or closure of storage 
capacity at a site or facility within such State. The terms of 
any cooperative agreement shall not affect the authority of the 
Nuclear Regulatory Commission under existing law.
  [(4) For the purpose of this subsection, ``process of 
consultation and cooperation'' means a methodology by which the 
Secretary (A) keeps the State and eligible Tribal Council fully 
and currently informed about the aspects of the project related 
to any potential impact on the public health and safety and 
environment; (B) solicits, receives, and evaluates concerns and 
objections of such State and Council with regard to such 
aspects of the project on an ongoing basis; and (C) works 
diligently and cooperatively to resolve, through arbitration or 
other appropriate mechanisms, such concerns and objections. The 
process of consultation and cooperation shall not include the 
grant of a right to any State or Tribal Council to exercise an 
absolute veto of any aspect of the planning, development, 
modification, expansion, or operation of the project.
  [(5) The Secretary and the State and affected Tribal Council 
shall seek to conclude the agreement required by paragraph (2) 
as soon as practicable, but not later than 180 days following 
the date of notification of the selection under paragraph (2). 
The Secretary shall periodically report to the Congress 
thereafter on the status of the agreements approved under 
paragraph (3). Any report to the Congress on the status of 
negotiations of such agreement by the Secretary shall be 
accompanied by comments solicited by the Secretary from the 
State and eligible Tribal Council.
  [(6)(A) Upon deciding to provide an aggregate of 300 or more 
metric tons of storage capacity under subsection (a)(1) at any 
one site, the Secretary shall notify the Governor and 
legislature of the State where such site is located, or the 
governing body of the Indian tribe in whose reservation such 
site is located, as the case may be, of such decision. During 
the 60-day period following receipt of notification by the 
Secretary of his decision to provide an aggregate of 300 or 
more metric tons of storage capacity at any one site, the 
Governor or legislature of the State in which such site is 
located, or the governing body of the affected Indian tribe 
where such site is located, as the case may be, may disapprove 
the provision of 300 or more metric tons of storage capacity at 
the site involved and submit to the Congress a notice of such 
disapproval. A notice of disapproval shall be considered to be 
submitted to the Congress on the date of the transmittal of 
such notice of disapproval to the Speaker of the House and the 
President pro tempore of the Senate. Such notice of disapproval 
shall be accompanied by a statement of reasons explaining why 
the provision of such storage capacity at such site was 
disapproved by such Governor or legislature or the governing 
body of such Indian tribe.
  [(B) Unless otherwise provided by State law, the Governor or 
legislature of each State shall have authority to submit a 
notice of disapproval to the Congress under subparagraph (A). 
In any case in which State law provides for submission of any 
such notice of disapproval by any other person or entity, any 
reference in this subtitle to the Governor or legislature of 
such State shall be considered to refer instead to such other 
person or entity.
  [(C) The authority of the Governor and legislature of each 
State under this paragraph shall not be applicable with respect 
to any site located on a reservation.
  [(D) If any notice of disapproval is submitted to the 
Congress under subparagraph (A), the proposed provision of 300 
or more metric tons of storage capacity at the site involved 
shall be disapproved unless, during the first period of 90 
calendar days of continuous session of the Congress following 
the date of the receipt by the Congress of such notice of 
disapproval, the Congress passes a resolution approving such 
proposed provision of storage capacity in accordance with the 
procedures established in this paragraph and subsections (d) 
through (f) of section 115 and such resolution thereafter 
becomes law. For purposes of this paragraph, the term 
``resolution'' means a joint resolution of either House of the 
Congress, the matter after the resolving clause of which is as 
follows: ``That there hereby is approved the provision of 300 
or more metric tons of spent nuclear fuel storage capacity at 
the site located at ----------------, with respect to which a 
notice of disapproval was submitted by ---------------- on ----
------------.''. The first blank space in such resolution shall 
be filled with the geographic location of the site involved; 
the second blank space in such resolution shall be filled with 
the designation of the State Governor and legislature or 
affected Indian tribe governing body submitting the notice of 
disapproval involved; and the last blank space in such 
resolution shall be filled with the date of submission of such 
notice of disapproval.
  [(E) For purposes of the consideration of any resolution 
described in subparagraph (D), each reference in subsections 
(d) and (e) of section 115 to a resolution of repository siting 
approval shall be considered to refer to the resolution 
described in such subparagraph.
  [(7) As used in this section, the term ``affected Tribal 
Council'' means the governing body of any Indian tribe within 
whose reservation boundaries there is located a potentially 
acceptable site for interim storage capacity of spent nuclear 
fuel from civilian nuclear power reactors, or within whose 
boundaries a site for such capacity is selected by the 
Secretary, or whose federally defined possessory or usage 
rights to other lands outside of the reservation's boundaries 
arising out of congressionally ratified treaties, as determined 
by the Secretary of the Interior pursuant to a petition filed 
with him by the appropriate governmental officials of such 
tribe, may be substantially and adversely affected by the 
establishment of any such storage capacity.
  [(e) Limitations.--Any spent nuclear fuel stored under this 
section shall be removed from the storage site or facility 
involved as soon as practicable, but in any event not later 
than 3 years following the date on which a repository or 
monitored retrievable storage facility developed under this Act 
is available for disposal of such spent nuclear fuel.
  [(f) Report.--The Secretary shall annually prepare and submit 
to the Congress a report on any plans of the Secretary for 
providing storage capacity under this section. Such report 
shall include a description of the specific manner of providing 
such storage selected by the Secretary, if any. The Secretary 
shall prepare and submit the first such report not later than 1 
year after the date of the enactment of this Act.
  [(g) Criteria for Determining Adequacy of Available Storage 
Capacity.--Not later than 90 days after the date of the 
enactment of this Act, the Commission pursuant to section 553 
of the Administrative Procedures Act, shall propose, by rule, 
procedures and criteria for making the determination required 
by subsection (b) that a person owning and operating a civilian 
nuclear power reactor cannot reasonably provide adequate spent 
nuclear fuel storage capacity at the civilian nuclear power 
reactor site when needed to ensure the continued orderly 
operation of such reactor. Such criteria shall ensure the 
maintenance of a full core reserve storage capability at the 
site of such reactor unless the Commission determines that 
maintenance of such capability is not necessary for the 
continued orderly operation of such reactor. Such criteria 
shall identify the feasibility of reasonably providing such 
adequate spent nuclear fuel storage capacity, taking into 
account economic, technical, regulatory, and public health and 
safety factors, through the use of high-density fuel storage 
racks, fuel rod compaction, transshipment of spent nuclear fuel 
to another civilian nuclear power reactor within the same 
utility system, construction of additional spent nuclear fuel 
pool capacity, or such other technologies as may be approved by 
the Commission.
  [(h) Application.--Notwithstanding any other provision of 
law, nothing in this Act shall be construed to encourage, 
authorize, or require the private or Federal use, purchase, 
lease, or other acquisition of any storage facility located 
away from the site of any civilian nuclear power reactor and 
not owned by the Federal Government on the date of the 
enactment of this Act.
  [(i) Coordination With Research and Development Program.--To 
the extent available, and consistent with the provisions of 
this section, the Secretary shall provide spent nuclear fuel 
for the research and development program authorized in section 
217 from spent nuclear fuel received by the Secretary for 
storage under this section. Such spent nuclear fuel shall not 
be subject to the provisions of subsection (e).

                         [interim storage fund

  [Sec. 136. (a) Contracts.--(1) During the period following 
the date of the enactment of this Act, but not later than 
January 1, 1990, the Secretary is authorized to enter into 
contracts with persons who generate or own spent nuclear fuel 
resulting from civilian nuclear activities for the storage of 
such spent nuclear fuel in any storage capacity provided under 
this subtitle: Provided, however, That the Secretary shall not 
enter into contracts for spent nuclear fuel in amounts in 
excess of the available storage capacity specified in section 
135(a). Those contracts shall provide that the Federal 
Government will (1) take title at the civilian nuclear power 
reactor site, to such amounts of spent nuclear fuel from the 
civilian nuclear power reactor as the Commission determines 
cannot be stored onsite, (2) transport the spent nuclear fuel 
to a federally owned and operated interim away-from-reactor 
storage facility, and (3) store such fuel in the facility 
pending further processing, storage, or disposal. Each such 
contract shall (A) provide for payment to the Secretary of fees 
determined in accordance with the provisions of this section; 
and (B) specify the amount of storage capacity to be provided 
for the person involved.
  [(2) The Secretary shall undertake a study and, not later 
than 180 days after the date of the enactment of this Act, 
submit to the Congress a report, establishing payment charges 
that shall be calculated on an annual basis, commencing on or 
before January 1, 1984. Such payment charges and the 
calculation thereof shall be published in the Federal Register, 
and shall become effective not less than 30 days after 
publication. Each payment charge published in the Federal 
Register under this paragraph shall remain effective for a 
period of 12 months from the effective date as the charge for 
the cost of the interim storage of any spent nuclear fuel. The 
report of the Secretary shall specify the method and manner of 
collection (including the rates and manner of payment) and any 
legislative recommendations determined by the Secretary to be 
appropriate.
  [(3) Fees for storage under this subtitle shall be 
established on a nondiscriminatory basis. The fees to be paid 
by each person entering into a contract with the Secretary 
under this subsection shall be based upon an estimate of the 
pro rata costs of storage and related activities under this 
subtitle with respect to such person, including the 
acquisition, construction, operation, and maintenance of any 
facilities under this subtitle.
  [(4) The Secretary shall establish in writing criteria 
setting forth the terms and conditions under which such storage 
services shall be made available.
  [(5) Except as provided in section 137, nothing in this or 
any other Act requires the Secretary, in carrying out the 
responsibilities of this section, to obtain a license or permit 
to possess or own spent nuclear fuel.
  [(b) Limitation.--No spent nuclear fuel generated or owned by 
any department of the United States referred to in section 101 
or 102 of title 5, United States Code, may be stored by the 
Secretary in any storage capacity provided under this subtitle 
unless such department transfers to the Secretary, for deposit 
in the Interim Storage Fund, amounts equivalent to the fees 
that would be paid to the Secretary under the contracts 
referred to in this section if such spent nuclear fuel were 
generated by any other person.
  [(c) Establishment of Interim Storage Fund.--There hereby is 
established in the Treasury of the United States a separate 
fund, to be known as the Interim Storage Fund. The Storage Fund 
shall consist of--
          [(1) all receipts, proceeds, and recoveries realized 
        by the Secretary under subsections (a), (b), and (e), 
        which shall be deposited in the Storage Fund 
        immediately upon their realization;
          [(2) any appropriations made by the Congress to the 
        Storage Fund; and
          [(3) any unexpended balances available on the date of 
        the enactment of this Act for functions or activities 
        necessary or incident to the interim storage of 
        civilian spent nuclear fuel, which shall automatically 
        be transferred to the Storage Fund on such date.
  [(d) Use of Storage Fund.--The Secretary may make 
expenditures from the Storage Fund, subject to subsection (e), 
for any purpose necessary or appropriate to the conduct of the 
functions and activities of the Secretary, or the provision or 
anticipated provision of services, under this subtitle, 
including--
          [(1) the identification, development, licensing, 
        construction, operation, decommissioning, and post-
        decommissioning maintenance and monitoring of any 
        interim storage facility provided under this subtitle;
          [(2) the administrative cost of the interim storage 
        program;
          [(3) the costs associated with acquisition, design, 
        modification, replacement, operation, and construction 
        of facilities at an interim storage site, consistent 
        with the restrictions in section 135;
          [(4) the cost of transportation of spent nuclear 
        fuel; and
          [(5) impact assistance as described in subsection 
        (e).
  [(e) Impact Assistance.--(1) Beginning the first fiscal year 
which commences after the date of the enactment of this Act, 
the Secretary shall make annual impact assistance payments to a 
State or appropriate unit of local government, or both, in 
order to mitigate social or economic impacts occasioned by the 
establishment and subsequent operation of any interim storage 
capacity within the jurisdictional boundaries of such 
government or governments and authorized under this subtitle: 
Provided, however, That such impact assistance payments shall 
not exceed (A) ten per centum of the costs incurred in 
paragraphs (1) and (2), or (B) $15 per kilogram of spent fuel, 
whichever is less;
  [(2) Payments made available to States and units of local 
government pursuant to this section shall be--
          [(A) allocated in a fair and equitable manner with a 
        priority to those States or units of local government 
        suffering the most severe impacts; and
          [(B) utilized by States or units of local governments 
        only for (i) planning, (ii) construction and 
        maintenance of public services, (iii) provision of 
        public services related to the providing of such 
        interim storage authorized under this title, and (iv) 
        compensation for loss of taxable property equivalent to 
        that if the storage had been provided under private 
        ownership.
  [(3) Such payments shall be subject to such terms and 
conditions as the Secretary determines necessary to ensure that 
the purposes of this subsection shall be achieved. The 
Secretary shall issue such regulations as may be necessary to 
carry out the provisions of this subsection.
  [(4) Payments under this subsection shall be made available 
solely from the fees determined under subsection (a).
  [(5) The Secretary is authorized to consult with States and 
appropriate units of local government in advance of 
commencement of establishment of storage capacity authorized 
under this subtitle in an effort to determine the level of the 
payment such government would be eligible to receive pursuant 
to this subsection.
  [(6) As used in this subsection, the term ``unit of local 
government'' means a county, parish, township, municipality, 
and shall include a borough existing in the State of Alaska on 
the date of the enactment of this subsection, and any other 
unit of government below the State level which is a unit of 
general government as determined by the Secretary.
  [(f) Administration of Storage Fund.--(1) The Secretary of 
the Treasury shall hold the Storage Fund and, after 
consultation with the Secretary, annually report to the 
Congress on the financial condition and operations of the 
Storage Fund during the preceding fiscal year.
  [(2) The Secretary shall submit the budget of the Storage 
Fund to the Office of Management and Budget triennially 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 of the Storage Fund shall consist of estimates 
made by the Secretary of expenditures from the Storage Fund and 
other relevant financial matters for the succeeding 3 fiscal 
years, and shall be included in the Budget of the United States 
Government. The Secretary may make expenditures from the 
Storage Fund, subject to appropriations which shall remain 
available until expended. Appropriations shall be subject to 
triennial authorization.
  [(3) If the Secretary determines that the Storage 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--
          [(A) having maturities determined by the Secretary of 
        the Treasury to be appropriate to the needs of the 
        Storage Fund; and
          [(B) bearing interest at rates determined to be 
        appropriate by the Secretary of the Treasury, taking 
        into consideration the current average market yield on 
        outstanding marketable obligations of the United States 
        with remaining periods to maturity comparable to the 
        maturities of such investments, except that the 
        interest rate on such investments shall not exceed the 
        average interest rate applicable to existing 
        borrowings.
  [(4) Receipts, proceeds, and recoveries realized by the 
Secretary under this section, and expenditures of amounts from 
the Storage Fund, shall be exempt from annual apportionment 
under the provisions of subchapter II of chapter 15 of title 
31, United States Code.
  [(5) If at any time the moneys available in the Storage Fund 
are insufficient to enable the Secretary to discharge his 
responsibilities under this subtitle, the Secretary shall issue 
to the Secretary of the Treasury obligations in such forms and 
denominations, bearing such maturities, and subject to such 
terms and conditions as may be agreed to by the Secretary and 
the Secretary of the Treasury. The total of such obligations 
shall not exceed amounts provided in appropriation Acts. 
Redemption of such obligations shall be made by the Secretary 
from moneys available in the Storage Fund. Such obligations 
shall bear interest at a rate determined by the Secretary of 
the Treasury, which shall be not less than a rate determined by 
taking into consideration the average market yield on 
outstanding marketable obligations of the United States of 
comparable maturities during the month preceding the issuance 
of the obligations under this paragraph. The Secretary of the 
Treasury shall purchase any issued obligations, and for such 
purpose the Secretary of the Treasury is authorized to use as a 
public debt transaction the proceeds from the sale of any 
securities issued under chapter 31 of title 31, United States 
Code, and the purposes for which securities may be issued under 
such Act are extended to include any purchase of such 
obligations. The Secretary of the Treasury may at any time sell 
any of the obligations acquired by him under this paragraph. 
All redemptions, purchases, and sales by the Secretary of the 
Treasury of obligations under this paragraph shall be treated 
as public debt transactions of the United States.
  [(6) Any appropriations made available to the Storage Fund 
for any purpose described in subsection (d) shall be repaid 
into the general fund of the Treasury, together with interest 
from the date of availability of the appropriations until the 
date of repayment. Such interest shall be paid on the 
cumulative amount of appropriations available to the Storage 
Fund, less the average undisbursed cash balance in the Storage 
Fund account during the fiscal year involved. The rate of such 
interest shall be determined by the Secretary of the Treasury 
taking into consideration the average market yield during the 
month preceding each fiscal year on outstanding marketable 
obligations of the United States of comparable maturity. 
Interest payments may be deferred with the approval of the 
Secretary of the Treasury, but any interest payments so 
deferred shall themselves bear interest.
  [Sec. 137. (a) Transportation.--(1) Transportation of spent 
nuclear fuel under section 136(a) shall be subject to licensing 
and regulation by the Commission and by the Secretary of 
Transportation as provided for transportation of commercial 
spent nuclear fuel under existing law.
  [(2) The Secretary, in providing for the transportation of 
spent nuclear fuel under this Act, shall utilize by contract 
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 of 
the Secretary of Transportation, in consultation with the 
Secretary, that private industry is unable or unwilling to 
provide such transportation services at reasonable cost.

               [Subtitle C--Monitored Retrievable Storage

                     [monitored retrievable storage

  [Sec. 141. (a) Findings.--The Congress finds that--
          [(1) long-term storage of high-level radioactive 
        waste or spent nuclear fuel in monitored retrievable 
        storage facilities is an option for providing safe and 
        reliable management of such waste or spent fuel;
          [(2) the executive branch and the Congress should 
        proceed as expeditiously as possible to consider fully 
        a proposal for construction of one or more monitored 
        retrievable storage facilities to provide such long-
        term storage;
          [(3) the Federal Government has the responsibility to 
        ensure that site-specific designs for such facilities 
        are available as provided in this section;
          [(4) the generators and owners of the high-level 
        radioactive waste and spent nuclear fuel to be stored 
        in such facilities have the responsibility to pay the 
        costs of the long-term storage of such waste and spent 
        fuel; and
          [(5) disposal of high-level radioactive waste and 
        spent nuclear fuel in a repository developed under this 
        Act should proceed regardless of any construction of a 
        monitored retrievable storage facility pursuant to this 
        section.
  [(b) Submission of Proposal by Secretary.--(1) On or before 
June 1, 1985, the Secretary shall complete a detailed study of 
the need for and feasibility of, and shall submit to the 
Congress a proposal for, the construction of one or more 
monitored retrievable storage facilities for high-level 
radioactive waste and spent nuclear fuel. Each such facility 
shall be designed--
          [(A) to accommodate spent nuclear fuel and high-level 
        radioactive waste resulting from civilian nuclear 
        activities;
          [(B) to permit continuous monitoring, management, and 
        maintenance of such spent fuel and waste for the 
        foreseeable future;
          [(C) to provide for the ready retrieval of such spent 
        fuel and waste for further processing or disposal; and
          [(D) to safely store such spent fuel and waste as 
        long as may be necessary by maintaining such facility 
        through appropriate means, including any required 
        replacement of such facility.
  [(2) Such proposal shall include--
          [(A) the establishment of a Federal program for the 
        siting, development, construction, and operation of 
        facilities capable of safely storing high-level 
        radioactive waste and spent nuclear fuel, which 
        facilities are to be licensed by the Commission;
          [(B) a plan for the funding of the construction and 
        operation of such facilities, which plan shall provide 
        that the costs of such activities shall be borne by the 
        generators and owners of the high-level radioactive 
        waste and spent nuclear fuel to be stored in such 
        facilities;
          [(C) site-specific designs, specifications, and cost 
        estimates sufficient to (i) solicit bids for the 
        construction of the first such facility; (ii) support 
        congressional authorization of the construction of such 
        facility; and (iii) enable completion and operation of 
        such facility as soon as practicable following 
        congressional authorization of such facility; and
          [(D) a plan for integrating facilities constructed 
        pursuant to this section with other storage and 
        disposal facilities authorized in this Act.
  [(3) In formulating such proposal, the Secretary shall 
consult with the Commission and the Administrator, and shall 
submit their comments on such proposal to the Congress at the 
time such proposal is submitted.
  [(4) The proposal shall include, for the first such facility, 
at least 3 alternative sites and at least 5 alternative 
combinations of such proposed sites and facility designs 
consistent with the criteria of paragraph (b)(1). The Secretary 
shall recommend the combination among the alternatives that the 
Secretary deems preferable. The environmental assessment under 
subsection (c) shall include a full analysis of the relative 
advantages and disadvantages of all 5 such alternative 
combinations of proposed sites and proposed facility designs.
  [(c) Environmental Impact Statements.--(1) Preparation and 
submission to the Congress of the proposal required in this 
section 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)(C)). The 
Secretary shall prepare, in accordance with regulations issued 
by the Secretary implementing such Act, an environmental 
assessment with respect to such proposal. Such environmental 
assessment shall be based upon available information regarding 
alternative technologies for the storage of spent nuclear fuel 
and high-level radioactive waste. The Secretary shall submit 
such environmental assessment to the Congress at the time such 
proposal is submitted.
  [(2) If the Congress by law, after review of the proposal 
submitted by the Secretary under subsection (b), specifically 
authorizes construction of a monitored retrievable storage 
facility, the requirements of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) shall apply with respect 
to construction of such facility, except that any environmental 
impact statement prepared with respect to such facility shall 
not be required to consider the need for such facility or any 
alternative to the design criteria for such facility set forth 
in subsection (b)(1).
  [(d) Licensing.--Any facility authorized pursuant to this 
section shall be subject to licensing under section 202(3) of 
the Energy Reorganization Act of 1974 (42 U.S.C. 5842(3)). In 
reviewing the application filed by the Secretary for licensing 
of the first such facility, the Commission may not consider the 
need for such facility or any alternative to the design 
criteria for such facility set forth in subsection (b)(1).
  [(e) Clarification.--Nothing in this section limits the 
consideration of alternative facility designs consistent with 
the criteria of paragraph (b)(1) in any environmental impact 
statement, or in any licensing procedure of the Commission, 
with respect to any monitored, retrievable facility authorized 
pursuant to this section.
  [(f) Impact Assistance.--(1) Upon receipt by the Secretary of 
congressional authorization to construct a facility described 
in subsection (b), the Secretary shall commence making annual 
impact aid payments to appropriate units of general local 
government in order to mitigate any social or economic impacts 
resulting from the construction and subsequent operation of any 
such facility within the jurisdictional boundaries of any such 
unit.
  [(2) Payments made available to units of general local 
government under this subsection shall be--
          [(A) allocated in a fair and equitable manner, with 
        priority given to units of general local government 
        determined by the Secretary to be most severely 
        affected; and
          [(B) utilized by units of general local government 
        only for planning, construction, maintenance, and 
        provision of public services related to the siting of 
        such facility.
  [(3) Such payments shall be subject to such terms and 
conditions as the Secretary determines are necessary to ensure 
achievement of the purposes of this subsection. The Secretary 
shall issue such regulations as may be necessary to carry out 
the provisions of this subsection.
  [(4) Such payments shall be made available entirely from 
funds held in the Nuclear Waste Fund established in section 
302(c) and shall be available only to the extent provided in 
advance in appropriation Acts.
  [(5) The Secretary may consult with appropriate units of 
general local government in advance of commencement of 
construction of any such facility in an effort to determine the 
level of payments each such unit is eligible to receive under 
this subsection.
  [(g) Limitation.--No monitored retrievable storage facility 
developed pursuant to this section may be constructed in any 
State in which there is located any site approved for site 
characterization under section 112. The restriction in the 
preceding sentence shall only apply until such time as the 
Secretary decides that such candidate site is no longer a 
candidate site under consideration for development as a 
repository. Such restriction shall continue to apply to any 
site selected for construction as a repository.
  [(h) Participation of States and Indian Tribes.--Any facility 
authorized pursuant to this section shall be subject to the 
provisions of sections 115, 116(a), 116(b), 116(d), 117, and 
118. For purposes of carrying out the provisions of this 
subsection, any reference in sections 115 through 118 to a 
repository shall be considered to refer to a monitored 
retrievable storage facility.

            [AUTHORIZATION OF MONITORED RETRIEVABLE STORAGE

    [Sec. 142. (a) Nullification of Oak Ridge Siting 
Proposal.--The proposal of the Secretary (EC-1022, 100th 
Congress) to locate a monitored retrievable storage facility at 
a site on the Clinch River in the Roane County portion of Oak 
Ridge, Tennessee, with alternative sites on the Oak Ridge 
Reservation of the Department of Energy and on the former site 
of a proposed nuclear powerplant in Hartsville, Tennessee, is 
annulled and revoked. In carrying out the provisions of 
sections 144 and 145, the Secretary shall make no presumption 
or preference to such sites by reason of their previous 
selection.
    [(b) Authorization.--The Secretary is authorized to site, 
construct, and operate one monitored retrievable storage 
facility subject to the conditions described in sections 143 
through 149.

               [MONITORED RETRIEVABLE STORAGE COMMISSION

    [Sec. 143. (a) Establishment.--(1)(A) There is established 
a Monitored Retrievable Storage Review Commission (hereinafter 
in this section referred to as the ``MRS Commission''), that 
shall consist of 3 members who shall be appointed by and serve 
at the pleasure of the President pro tempore of the Senate and 
the Speaker of the House of Representatives.
    [(B) Members of the MRS Commission shall be appointed not 
later than 30 days after the date of the enactment of the 
Nuclear Waste Policy Amendments Act of 1987 from among persons 
who as a result of training, experience and attainments are 
exceptionally well qualified to evaluate the need for a 
monitored retrievable storage facility as a part of the 
Nation's nuclear waste management system.
    [(C) The MRS Commission shall prepare a report on the need 
for a monitored retrievable storage facility as a part of a 
national nuclear waste management system that achieves the 
purposes of this Act. In preparing the report under this 
subparagraph, the MRS Commission shall--
          [(i) review the status and adequacy of the 
        Secretary's evaluation of the systems advantages and 
        disadvantages of bringing such a facility into the 
        national nuclear waste disposal system;
          [(ii) obtain comment and available data on monitored 
        retrievable storage from affected parties, including 
        States containing potentially acceptable sites;
          [(iii) evaluate the utility of a monitored 
        retrievable storage facility from a technical 
        perspective; and
          [(iv) make a recommendation to Congress as to whether 
        such a facility should be included in the national 
        nuclear waste management system in order to achieve the 
        purposes of this Act, including meeting needs for 
        packaging and handling of spent nuclear fuel, improving 
        the flexibility of the repository development schedule, 
        and providing temporary storage of spent nuclear fuel 
        accepted for disposal.
    [(2) In preparing the report and making its recommendation 
under paragraph (1) the MRS Commission shall compare such a 
facility to the alternative of at-reactor storage of spent 
nuclear fuel prior to disposal of such fuel in a repository 
under this Act. Such comparison shall take into consideration 
the impact on--
          [(A) repository design and construction;
          [(B) waste package design, fabrication and 
        standardization;
          [(C) waste preparation;
          [(D) waste transportation systems;
          [(E) the reliability of the national system for the 
        disposal of radioactive waste;
          [(F) the ability of the Secretary to fulfill 
        contractual commitments of the Department under this 
        Act to accept spent nuclear fuel for disposal; and
          [(G) economic factors, including the impact on the 
        costs likely to be imposed on ratepayers of the 
        Nation's electric utilities for temporary at-reactor 
        storage of spent nuclear fuel prior to final disposal 
        in a repository, as the costs likely to be imposed on 
        ratepayers of the Nation's electric utilities in 
        building and operating such a facility.
    [(3) The report under this subsection, together with the 
recommendation of the MRS Commission, shall be transmitted to 
Congress on November 1, 1989.
    [(4)(A)(i) Each member of the MRS Commission shall be paid 
at the rate provided for level III of the Executive Schedule 
for each day (including travel time) such member is engaged in 
the work of the MRS Commission, and shall receive travel 
expenses, including per diem in lieu of subsistence in the same 
manner as is permitted under sections 5702 and 5703 of title 5, 
United States Code.
    [(ii) The MRS Commission may appoint and fix compensation, 
not to exceed the rate of basic pay payable for GS-18 of the 
General Schedule, for such staff as may be necessary to carry 
out its functions.
    [(B)(i) The MRS Commission may hold hearings, sit and act 
at such times and places, take such testimony and receive such 
evidence as the MRS Commission considers appropriate. Any 
member of the MRS Commission may administer oaths or 
affirmations to witnesses appearing before the MRS Commission.
    [(ii) The MRS Commission may request any Executive agency, 
including the Department, to furnish such assistance or 
information, including records, data, files, or documents, as 
the Commission considers necessary to carry out its functions. 
Unless prohibited by law, such agency shall promptly furnish 
such assistance or information.
    [(iii) To the extent permitted by law, the Administrator of 
the General Services Administration shall, upon request of the 
MRS Commission, provide the MRS Commission with necessary 
administrative services, facilities, and support on a 
reimbursable basis.
    [(iv) The MRS Commission may procure temporary and 
intermittent services from experts and consultants to the same 
extent as is authorized by section 3109(b) of title 5, United 
States Code, at rates and under such rules as the MRS 
Commission considers reasonable.
    [(C) The MRS Commission shall cease to exist 60 days after 
the submission to Congress of the report required under this 
subsection.

                                [SURVEY

    [Sec. 144. After the MRS Commission submits its report to 
the Congress under section 143, the Secretary may conduct a 
survey and evaluation of potentially suitable sites for a 
monitored retrievable storage facility. In conducting such 
survey and evaluation, the Secretary shall consider the extent 
to which siting a monitored retrievable storage facility at 
each site surveyed would--
          [(1) enhance the reliability and flexibility of the 
        system for the disposal of spent nuclear fuel and high-
        level radioactive waste established under this Act;
          [(2) minimize the impacts of transportation and 
        handling of such fuel and waste;
          [(3) provide for public confidence in the ability of 
        such system to safely dispose of the fuel and waste;
          [(4) impose minimal adverse effects on the local 
        community and the local environment;
          [(5) provide a high probability that the facility 
        will meet applicable environmental, health, and safety 
        requirements in a timely fashion;
          [(6) provide such other benefits to the system for 
        the disposal of spent nuclear fuel and high-level 
        radioactive waste as the Secretary deems appropriate; 
        and
          [(7) unduly burden a State in which significant 
        volumes of high-level radioactive waste resulting from 
        atomic energy defense activities are stored.

                            [Site Selection

    [Sec. 145. (a) In General.--The Secretary may select the 
site evaluated under section 144 that the Secretary determines 
on the basis of available information to be the most suitable 
for a monitored retrievable storage facility that is an 
integral part of the system for the disposal of spent nuclear 
fuel and high-level radioactive waste established under this 
Act.
    [(b) Limitation.--The Secretary may not select a site under 
subsection (a) until the Secretary recommends to the President 
the approval of a site for development as a repository under 
section 114(a).
    [(c) Site Specific Activities.--The Secretary may conduct 
such site specific activities at each site surveyed under 
section 144 as he determines may be necessary to support an 
application to the Commission for a license to construct a 
monitored retrievable storage facility at such site.
    [(d) Environmental Assessment.--Site specific activities 
and selection of a site under this section 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)(C)). The Secretary shall prepare an 
environmental assessment with respect to such selection in 
accordance with regulations issued by the Secretary 
implementing such Act. Such environmental assessment shall be 
based upon available information regarding alternative 
technologies for the storage of spent nuclear fuel and high-
level radioactive waste. The Secretary shall submit such 
environmental assessment to the Congress at the time such site 
is selected.
    [(e) Notification Before Selection.--(1) At least 6 months 
before selecting a site under subsection (a), the Secretary 
shall notify the Governor and legislature of the State in which 
such site is located, or the governing body of the affected 
Indian tribe where such site is located, as the case may be, of 
such potential selection and the basis for such selection.
    [(2) Before selecting any site under subsection (a), the 
Secretary shall hold at least one public hearing in the 
vicinity of such site to solicit any recommendations of 
interested parties with respect to issues raised by the 
selection of such site.
    [(f) Notification of Selection.--The Secretary shall 
promptly notify Congress and the appropriate State or Indian 
tribe of the selection under subsection (a).
    [(g) Limitation.--No monitored retrievable storage facility 
authorized pursuant to section 142(b) may be constructed in the 
State of Nevada.

                         [NOTICE OF DISAPPROVAL

    [Sec. 146. (a) In General.--The selection of a site under 
section 145 shall be effective at the end of the period of 60 
calendar days beginning on the date of notification under such 
subsection, unless the governing body of the Indian tribe on 
whose reservation such site is located, or, if the site is not 
on a reservation, the Governor and the legislature of the State 
in which the site is located, has submitted to Congress a 
notice of disapproval with respect to such site. If any such 
notice of disapproval has been submitted under this subsection, 
the selection of the site under section 145 shall not be 
effective except as provided under section 115(c).
    [(b) References.--For purposes of carrying out the 
provisions of this subsection, references in section 115(c) to 
a repository shall be considered to refer to a monitored 
retrievable storage facility and references to a notice of 
disapproval of a repository site designation under section 
116(b) or 118(a) shall be considered to refer to a notice of 
disapproval under this section.

                          [benefits agreement

    [Sec. 147. Once selection of a site for a monitored 
retrievable storage facility is made by the Secretary under 
section 145, the Indian tribes on whose reservation the site is 
located, or, in the case that the site is not located on a 
reservation, the State in which the site is located, shall be 
eligible to enter into a benefits agreement with the Secretary 
under section 170.

                      [construction authorization

    [Sec. 148. (a) Environmental Impact Statement.--(1) Once 
the selection of a site is effective under section 146, the 
requirements of the National Environmental Policy Act of 1969 
(42 U.S.C 4321 et seq.) shall apply with respect to 
construction of a monitored retrievable storage facility, 
except that any environmental impact statement prepared with 
respect to such facility shall not be required to consider the 
need for such facility or any alternative to the design 
criteria for such facility set forth in section 141(b)(1).
    [(2) Nothing in this section shall be construed to limit 
the consideration of alternative facility designs consistent 
with the criteria described in section 141(b)(1) in any 
environmental impact statement, or in any licensing procedure 
of the Commission, with respect to any monitored retrievable 
storage facility authorized under section 142(b).
    [(b) Application for Construction License.--Once the 
selection of a site for a monitored retrievable storage 
facility is effective under section 146, the Secretary may 
submit an application to the Commission for a license to 
construct such a facility as part of an integrated nuclear 
waste management system and in accordance with the provisions 
of this section and applicable agreements under this Act 
affecting such facility.
    [(c) Licensing.--Any monitored retrievable storage facility 
authorized pursuant to section 142(b) shall be subject to 
licensing under section 202(3) of the Energy Reorganization Act 
of 1974 (42 U.S.C. 5842(3)). In reviewing the application filed 
by the Secretary for licensing of such facility, the Commission 
may not consider the need for such facility or any alternative 
to the design criteria for such facility set forth in section 
141(b)(1).
    [(d) Licensing Conditions.--Any license issued by the 
Commission for a monitored retrievable storage facility under 
this section shall provide that--
          [(1) construction of such facility may not begin 
        until the Commission has issued a license for the 
        construction of a repository under section 115(d);
          [(2) construction of such facility or acceptance of 
        spent nuclear fuel or high-level radioactive waste 
        shall be prohibited during such time as the repository 
        license is revoked by the Commission or construction of 
        the repository ceases;
          [(3) the quantity of spent nuclear fuel or high-level 
        radioactive waste at the site of such facility at any 
        one time may not exceed 10,000 metric tons of heavy 
        metal until a repository under this Act first accepts 
        spent nuclear fuel or solidified high-level radioactive 
        waste; and
          [(4) the quantity of spent nuclear fuel or high-level 
        radioactive waste at the site of such facility at any 
        one time may not exceed 15,000 metric tons of heavy 
        metal.

                         [financial assistance

    [Sec. 149. The provisions of section 116(c) or 118(b) with 
respect to grants, technical assistance, and other financial 
assistance shall apply to the State, to affected Indian tribes 
and to affected units of local government in the case of a 
monitored retrievable storage facility in the same manner as 
for a repository.

                [Subtitle D--Low-Level Radioactive Waste

  [financial arrangements for low-level radioactive waste site closure

  [Sec. 151. (a) Financial Arrangements.--(1) 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 the date of the enactment of this 
Act, prior to termination of such licenses.
  [(2) 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) 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) 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.

         [Subtitle E--Redirection of the Nuclear Waste Program

                   [selection of yucca mountain site

    [Sec. 160. (a) In General.--(1) The Secretary shall provide 
for an orderly phase-out of site specific activities at all 
candidate sites other than the Yucca Mountain site.
    [(2) The Secretary shall terminate all site specific 
activities (other than reclamation activities) at all candidate 
sites, other than the Yucca Mountain site, within 90 days after 
the date of enactment of the Nuclear Waste Policy Amendments 
Act of 1987.
    [(b) Effective on the date of enactment of the Nuclear 
Waste Policy Amendments Act of 1987, the State of Nevada shall 
be eligible to enter into a benefits agreement with the 
Secretary under section 170.

                      [siting a second repository

    [Sec. 161. (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.
    [(c) Termination of Granite Research.--Not later than 6 
months after the date of the enactment of the Nuclear Waste 
Policy Amendments Act of 1987, \1\ the Secretary shall phase 
out in an orderly manner funding for all research programs in 
existence on such date of enactment designated to evaluate the 
suitability of crystalline rock as a potential repository host 
medium.
    [(d) Additional Siting Criteria.--In the event that the 
Secretary at any time after such date of enactment considers 
any sites in crystalline rock for characterization or selection 
as a repository, the Secretary shall consider (as a supplement 
to the siting guidelines under section 112) such potentially 
disqualifying factors as--
          [(1) seasonally increases in population;
          [(2) proximity to public drinking water supplies, 
        including those of metropolitan areas; and
          [(3) the impact that characterization or siting 
        decisions would have on lands owned or placed in trust 
        by the United States for Indian tribes.

                         [Subtitle F--Benefits

                          [BENEFITS AGREEMENTS

    [Sec. 170. (a) In General.--(1) The Secretary may enter 
into a benefits agreement with the State of Nevada concerning a 
repository or with a State or an Indian tribe concerning a 
monitored retrievable storage facility for the acceptance of 
high-level radioactive waste or spent nuclear fuel in that 
State or on the reservation of that tribe, as appropriate.
    [(2) The State or Indian tribe may enter into such an 
agreement only if the State Attorney General or the appropriate 
governing authority of the Indian tribe or the Secretary of the 
Interior, in the absence of an appropriate governing authority, 
as appropriate, certifies to the satisfaction of the Secretary 
that the laws of the State or Indian tribe provide adequate 
authority for that entity to enter into the benefits agreement.
    [(3) Any benefits agreement with a State under this section 
shall be negotiated in consultation with affected units of 
local government in such State.
    [(4) Benefits and payments under this subtitle may be made 
available only in accordance with a benefits agreement under 
this section.
    [(b) Amendment.--A benefits agreement entered into under 
subsection (a) may be amended only by the mutual consent of the 
parties to the agreement and terminated only in accordance with 
section 173.
    [(c) Agreement With Nevada.--The Secretary shall offer to 
enter into a benefits agreement with the Governor of Nevada. 
Any benefits agreement with a State under this subsection shall 
be negotiated in consultation with any affected units of local 
government in such State.
    [(d) Monitored Retrievable Storage.--The Secretary shall 
offer to enter into a benefits agreement relating to a 
monitored retrievable storage facility with the governing body 
of the Indian tribe on whose reservation the site for such 
facility is located, or, if the site is not located on a 
reservation, with the Governor of the State in which the site 
is located and in consultation with affected units of local 
government in such State.
    [(e) Limitation.--Only one benefits agreement for a 
repository and only one benefits agreement for a monitored 
retrievable storage facility may be in effect at any one time.
    [(f) Judicial Review.--Decisions of the Secretary under 
this section are not subject to judicial review.

                         [CONTENT OF AGREEMENTS

    [Sec. 171. (a) In General.--(1) In addition to the benefits 
to which a State, an affected unit of local government or 
Indian tribe is entitled under title I, the Secretary shall 
make payments to a State or Indian tribe that is a party to a 
benefits agreement under section 170 in accordance with the 
following schedule:

                           [BENEFITS SCHEDULE                           
                          [Amounts in millions]                         
------------------------------------------------------------------------
                      Event                           MRS     Repository
------------------------------------------------------------------------
(A) Annual payments prior to first spent fuel                           
 receipt.........................................         $5         $10
(B) Upon first spent fuel receipt................         10          20
(C) Annual payments after first spent fuel                              
 receipt until closure of the facility...........         10          20
------------------------------------------------------------------------

    [(2) For purposes of this section, the term--
          [(A) ``MRS'' means a monitored retrievable storage 
        facility,
          [(B) ``spent fuel'' means high-level radioactive 
        waste or spent nuclear fuel, and
          [(C) ``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 prior to first spent fuel receipt 
under paragraph (1)(A) shall be made on the date of execution 
of the benefits agreement and thereafter on the anniversary 
date of such execution. Annual payments after the first spent 
fuel receipt until closure of the facility under paragraph 
(1)(C) shall be made on the anniversary date of such first 
spent fuel receipt.
    [(4) If the first spent fuel payment under paragraph (1)(B) 
is made within six months after the last annual payment prior 
to the receipt of spent fuel under paragraph (1)(A), such first 
spent fuel payment under paragraph (1)(B) shall be reduced by 
an amount equal to one-twelfth of such annual payment under 
paragraph (1)(A) for each full month less than six that has not 
elapsed since the last annual payment under paragraph (1)(A).
    [(5) Notwithstanding paragraph (1), (2), or (3), no payment 
under this section may be made before January 1, 1989, and any 
payment due under this title before January 1, 1989, shall be 
made on or after such date.
    [(6) Except as provided in paragraph (7), the Secretary may 
not restrict the purposes for which the payments under this 
section may be used.
    [(7)(A) Any State receiving a payment under this section 
shall transfer an amount equal to not less than one-third of 
the amount of such payment to affected units of local 
government of such State.
    [(B) A plan for this transfer and appropriate allocation of 
such portion among such governments shall be included in the 
benefits agreement under section 170 covering such payments.
    [(C) In the event of a dispute concerning such plan, the 
Secretary shall resolve such dispute, consistent with this Act 
and applicable State law.
    [(b) Contents.--A benefits agreement under section 170 
shall provide that--
          [(1) a Review Panel be established in accordance with 
        section 172;
          [(2) the State or Indian tribe that is party to such 
        agreement waive its rights under title I to disapprove 
        the recommendation of a site for a repository;
          [(3) the parties to the agreement shall share with 
        one another information relevant to the licensing 
        process for the repository or monitored retrievable 
        storage facility, as it becomes available;
          [(4) the State or Indian tribe that is party to such 
        agreement participate in the design of the repository 
        or monitored retrievable storage facility and in the 
        preparation of documents required under law or 
        regulations governing the effects of the facility on 
        the public health and safety; and
          [(5) the State or Indian tribe waive its rights, if 
        any, to impact assistance under sections 
        116(c)(1)(B)(ii), 116(c)(2), 118(b)(2)(A)(ii), and 
        118(b)(3).
    [(c) The Secretary shall make payments to the States or 
affected Indian tribes under a benefits agreement under this 
section from the Waste Fund. The signature of the Secretary on 
a valid benefits agreement under section 170 shall constitute a 
commitment by the United States to make payments in accordance 
with such agreement.

                             [review panel

    [Sec. 172. (a) In General.--The Review Panel required to be 
established by section 171(b)(1) of this Act shall consist of a 
Chairman selected by the Secretary in consultation with the 
Governor of the State or governing body of the Indian tribe, as 
appropriate, that is party to such agreement and 6 other 
members as follows:
          [(1) 2 members selected by the Governor of such State 
        or governing body of such Indian tribe;
          [(2) 2 members selected by units of local government 
        affected by the repository or monitored retrievable 
        storage facility;
          [(3) 1 member to represent persons making payments 
        into the Waste Fund, to be selected by the Secretary; 
        and
          [(4) 1 member to represent other public interests, to 
        be selected by the Secretary.
    [(b) Terms.--(1) The members of the Review Panel shall 
serve for terms of 4 years each.
    [(2) Members of the Review Panel who are not full-time 
employees of the Federal Government, shall receive a per diem 
compensation for each day spent conducting work of the Review 
Panel, including their necessary travel or other expenses while 
engaged in the work of the Review Panel.
    [(3) Expenses of the Panel shall be paid by the Secretary 
from the Waste Fund.
    [(c) Duties.--The Review Panel shall--
          [(1) advise the Secretary on matters relating to the 
        proposed repository or monitored retrievable storage 
        facility, including issues relating to design, 
        construction, operation, and decommissioning of the 
        facility;
          [(2) evaluate performance of the repository or 
        monitored retrievable storage facility, as it considers 
        appropriate;
          [(3) recommend corrective actions to the Secretary;
          [(4) assist in the presentation of State or affected 
        Indian tribe and local perspectives to the Secretary; 
        and
          [(5) participate in the planning for and the review 
        of preoperational data on environmental, demographic, 
        and socioeconomic conditions of the site and the local 
        community.
    [(d) Information.--The Secretary shall promptly make 
available promptly any information in the Secretary's 
possession requested by the Panel or its Chairman.
    [(e) Federal Advisory Committee Act.--The requirements of 
the Federal Advisory Committee Act shall not apply to a Review 
Panel established under this title.

                              [termination

    [Sec. 173. (a) In General.--The Secretary may terminate a 
benefits agreement under this title if--
          [(1) the site under consideration is disqualified for 
        its failure to comply with guidelines and technical 
        requirements established by the Secretary in accordance 
        with this Act; or
          [(2) the Secretary determines that the Commission 
        cannot license the facility within a reasonable time.
    [(b) Termination by State or Indian Tribe.--A State or 
Indian tribe may terminate a benefits agreement under this 
title only if the Secretary disqualifies the site under 
consideration for its failure to comply with technical 
requirements established by the Secretary in accordance with 
this Act or the Secretary determines that the Commission cannot 
license the facility within a reasonable time.
    [(c) Decisions of the Secretary.--Decisions of the 
Secretary under this section shall be in writing, shall be 
available to Congress and the public, and are not subject to 
judicial review.

                      [Subtitle G--Other Benefits

                  [consideration in siting facilities

    [Sec. 174. The Secretary, in siting Federal research 
projects, shall give special consideration to proposals from 
States where a repository is located.

                                [report

    [Sec. 175. (a) In General.--Within one year of the date of 
the enactment of the Nuclear Waste Policy Amendments Act of 
1987, the Secretary shall report to Congress on the potential 
impacts of locating a repository at the Yucca Mountain site, 
including the recommendations of the Secretary for mitigation 
of such impacts and a statement of which impacts should be 
dealt with by the Federal Government, which should be dealt 
with by the State with State resources, including the benefits 
payments under section 171, and which should be a joint 
Federal-State responsibility. The report under this subsection 
shall include the analysis of the Secretary of the authorities 
available to mitigate these impacts and the appropriate sources 
of funds for such mitigation.
    [(b) Impacts To Be Considered.--Potential impacts to be 
addressed in the report under this subsection (a) shall include 
impacts on--
          [(1) education, including facilities and personnel 
        for elementary and secondary schools, community 
        colleges, vocational and technical schools and 
        universities;
          [(2) public health, including the facilities and 
        personnel for treatment and distribution of water, the 
        treatment of sewage, the control of pests and the 
        disposal of solid waste;
          [(3) law enforcement, including facilities and 
        personnel for the courts, police and sheriff's 
        departments, district attorneys and public defenders 
        and prisons;
          [(4) fire protection, including personnel, the 
        construction of fire stations, and the acquisition of 
        equipment;
          [(5) medical care, including emergency services and 
        hospitals;
          [(6) cultural and recreational needs, including 
        facilities and personnel for libraries and museums and 
        the acquisition and expansion of parks;
          [(7) distribution of public lands to allow for the 
        timely expansion of existing, or creation of new, 
        communities and the construction of necessary 
        residential and commercial facilities;
          [(8) vocational training and employment services;
          [(9) social services, including public assistance 
        programs, vocational and physical rehabilitation 
        programs, mental health services, and programs relating 
        to the abuse of alcohol and controlled substances;
          [(10) transportation, including any roads, terminals, 
        airports, bridges, or railways associated with the 
        facility and the repair and maintenance of roads, 
        terminals, airports, bridges, or railways damaged as a 
        result of the construction, operation, and closure of 
        the facility;
          [(11) equipment and training for State and local 
        personnel in the management of accidents involving 
        high-level radioactive waste;
          [(12) availability of energy;
          [(13) tourism and economic development, including the 
        potential loss of revenue and future economic growth; 
        and
          [(14) other needs of the State and local governments 
        that would not have arisen but for the characterization 
        of the site and the constructions operation, and 
        eventual closure of the repository facility.

                      [Subtitle H--Transportation

                            [transportation

    [Sec. 180. (a) No spent nuclear fuel or high-level 
radioactive waste may be transported by or for the Secretary 
under subtitle A or under subtitle C except in packages that 
have been certified for such purposes by the Commission.
    [(b) The Secretary shall abide by regulations of the 
Commission regarding advance notification of State and local 
governments prior to transportation of spent nuclear fuel or 
high-level radioactive waste under subtitle A or under subtitle 
C.
    [(c) The Secretary shall provide technical assistance and 
funds to States for training for public safety officials of 
appropriate units of local government and Indian tribes through 
whose jurisdiction the Secretary plans to transport spent 
nuclear fuel or high-level radioactive waste under subtitle A 
or under subtitle C. Training shall cover procedures required 
for safe routine transportation of these materials, as well as 
procedures for dealing with emergency response situations. The 
Waste Fund shall be the source of funds for work carried out 
under this subsection.

  H1  deg.[TITLE II--RESEARCH, DEVELOPMENT, AND DEMONSTRATION 
 REGARDING DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE AND SPENT NUCLEAR 
                                  FUEL

                        H3  deg.[purpose

  [Sec. 211. It is the purpose of this title--
          [(1) to provide direction to the Secretary with 
        respect to the disposal of high-level radioactive waste 
        and spent nuclear fuel;
          [(2) to authorize the Secretary, pursuant to this 
        title--
                  [(A) to provide for the construction, 
                operation, and maintenance of a deep geologic 
                test and evaluation facility; and
                  [(B) to provide for a focused and integrated 
                high-level radioactive waste and spent nuclear 
                fuel research and development program, 
                including the development of a test and 
                evaluation facility to carry out research and 
                provide an integrated demonstration of the 
                technology for deep geologic disposal of high-
                level radioactive waste, and the development of 
                the facilities to demonstrate dry storage of 
                spent nuclear fuel; and
          [(3) to provide for an improved cooperative role 
        between the Federal Government and States, affected 
        Indian tribes, and units of general local government in 
        the siting of a test and evaluation facility.

                     H3  deg.[applicability

  [Sec. 212. The provisions of this title are subject to 
section 8 and shall not apply to facilities that are used for 
the disposal of high-level radioactive waste, low-level 
radioactive waste, transuranic waste, or spent nuclear fuel 
resulting from atomic energy defense activities.

                        [identification of Sites

  [Sec. 213. (a) Guidelines.--Not later than 6 months after the 
date of the enactment of this Act and notwithstanding the 
failure of other agencies to promulgate standards pursuant to 
applicable law, the Secretary, in consultation with the 
Commission, the Director of the Geological Survey, the 
Administrator, the Council on Environmental Quality, and such 
other Federal agencies as the Secretary considers appropriate, 
is authorized to issue, pursuant to section 553 of title 5, 
United States Code, general guidelines for the selection of a 
site for a test and evaluation facility. Under such guidelines 
the Secretary shall specify factors that qualify or disqualify 
a site for development as a test and evaluation facility, 
including factors pertaining to the location of valuable 
natural resources, hydrogeophysics, seismic activity, and 
atomic energy defense activities, proximity to water supplies, 
proximity to populations, the effect upon the rights of users 
of water, and proximity to components of the National Park 
System, the National Wildlife Refuge System, the National Wild 
and Scenic Rivers System, the National Wilderness Preservation 
System, or National Forest Lands. Such guidelines shall require 
the Secretary to consider the various geologic media in which 
the site for a test and evaluation facility may be located and, 
to the extent practicable, to identify sites in different 
geologic media. The Secretary shall use guidelines established 
under this subsection in considering and selecting sites under 
this title.
  [(b) Site Identification by the Secretary.--(1) Not later 
than 1 year after the date of the enactment of this Act, and 
following promulgation of guidelines under subsection (a), the 
Secretary is authorized to identify 3 or more sites, at least 2 
of which shall be in different geologic media in the 
continental United States, and at least 1 of which shall be in 
media other than salt. Subject to Commission requirements, the 
Secretary shall give preference to sites for the test and 
evaluation facility in media possessing geochemical 
characteristics that retard aqueous transport of radionuclides. 
In order to provide a greater possible protection of public 
health and safety as operating experience is gained at the test 
and evaluation facility, and with the exception of the primary 
areas under review by the Secretary on the date of the 
enactment of this Act for the location of a test and evaluation 
facility or repository, all sites identified under this 
subsection shall be more than 15 statute miles from towns 
having a population of greater than 1,000 persons as determined 
by the most recent census unless such sites contain high-level 
radioactive waste prior to identification under this title. 
Each identification of a site shall be supported by an 
environmental assessment, which shall include a detailed 
statement of the basis for such identification and of the 
probable impacts of the siting research activities planned for 
such site, and a discussion of alternative activities relating 
to siting research that may be undertaken to avoid such 
impacts. Such environmental assessment shall include--
          [(A) an evaluation by the Secretary as to whether 
        such site is suitable for siting research under the 
        guidelines established under subsection (a);
          [(B) an evaluation by the Secretary of the effects of 
        the siting research activities at such site on the 
        public health and safety and the environment;
          [(C) a reasonable comparative evaluation by the 
        Secretary of such site with other sites and locations 
        that have been considered;
          [(D) a description of the decision process by which 
        such site was recommended; and
          [(E) an assessment of the regional and local impacts 
        of locating the proposed test and evaluation facility 
        at such site.
  [(2) When the Secretary identifies a site, the Secretary 
shall as soon as possible notify the Governor of the State in 
which such site is located, or the governing body of the 
affected Indian tribe where such site is located, of such 
identification and the basis of such identification. Additional 
sites for the location of the test and evaluation facility 
authorized in section 302(d) may be identified after such 1 
year period, following the same procedure as if such sites had 
been identified within such period.

                [siting research and related activities

  [Sec. 214. (a) In General.--Not later than 30 months after 
the date on which the Secretary completes the identification of 
sites under section 213, the Secretary is authorized to 
complete sufficient evaluation of 3 sites to select a site for 
expanded siting research activities and for other activities 
under section 218. The Secretary is authorized to conduct such 
preconstruction activities relative to such site selection for 
the test and evaluation facility as he deems appropriate. 
Additional sites for the location of the test and evaluation 
facility authorized in section 302(d) may be evaluated after 
such 30-month period, following the same procedures as if such 
sites were to be evaluated within such period.
  [(b) Public Meetings and Environmental Assessment.--Not later 
than 6 months after the date on which the Secretary completes 
the identification of sites under section 213, and before 
beginning siting research activities, the Secretary shall hold 
at least 1 public meeting in the vicinity of each site to 
inform the residents of the area of the activities to be 
conducted at such site and to receive their views.
  [(c) Restrictions.--Except as provided in section 218 with 
respect to a test and evaluation facility, in conducting siting 
research activities pursuant to subsection (a)--
          [(1) the Secretary shall use the minimum quantity of 
        high-level radioactive waste or other radioactive 
        materials, if any, necessary to achieve the test or 
        research objectives;
          [(2) the Secretary shall ensure that any radioactive 
        material used or placed on a site shall be fully 
        retrievable; and
          [(3) upon termination of siting research activities 
        at a site for any reason, the Secretary shall remove 
        any radioactive material at or in the site as promptly 
        as practicable.
  [(d) Title to Material.--The Secretary may take title, in the 
name of the Federal Government, to the high-level radioactive 
waste, spent nuclear fuel, or other radioactive material 
emplaced in a test and evaluation facility. If the Secretary 
takes title to any such material, the Secretary shall enter 
into the appropriate financial arrangements described in 
subsection (a) or (b) of section 302 for the disposal of such 
material.

        [test and evaluation facility siting review and reports

  [Sec. 215. (a) Consultation and Cooperation.--The Governor of 
a State, or the governing body of an affected Indian tribe, 
notified of a site identification under section 213 shall have 
the right to participate in a process of consultation and 
cooperation as soon as the site involved has been identified 
pursuant to such section and throughout the life of the test 
and evaluation facility. For purposes of this section, the term 
``process of consultation and cooperation'' means a 
methodology--
          [(1) by which the Secretary--
                  [(A) keeps the Governor or governing body 
                involved fully and currently informed about any 
                potential economic or public health and safety 
                impacts in all stages of the siting, 
                development, construction, and operation of a 
                test and evaluation facility;
                  [(B) solicits, receives, and evaluates 
                concerns and objections of such Governor or 
                governing body with regard to such test and 
                evaluation facility on an ongoing basis; and
                  [(C) works diligently and cooperatively to 
                resolve such concerns and objections; and
          [(2) by which the State or affected Indian tribe 
        involved can exercise reasonable independent monitoring 
        and testing of onsite activities related to all stages 
        of the siting, development, construction and operation 
        of the test and evaluation facility, except that any 
        such monitoring and testing shall not unreasonably 
        interfere with onsite activities.
  [(b) Written Agreements.--The Secretary shall enter into 
written agreements with the Governor of the State in which an 
identified site is located or with the governing body of any 
affected Indian tribe where an identified site is located in 
order to expedite the consultation and cooperation process. Any 
such written agreement shall specify--
          [(1) procedures by which such Governor or governing 
        body may study, determine, comment on, and make 
        recommendations with regard to the possible health, 
        safety, and economic impacts of the test and evaluation 
        facility;
          [(2) procedures by which the Secretary shall consider 
        and respond to comments and recommendations made by 
        such Governor or governing body, including the period 
        in which the Secretary shall so respond;
          [(3) the documents the Department is to submit to 
        such Governor or governing body, the timing for such 
        submissions, the timing for such Governor or governing 
        body to identify public health and safety concerns and 
        the process to be followed to try to eliminate those 
        concerns;
          [(4) procedures by which the Secretary and either 
        such Governor or governing body may review or modify 
        the agreement periodically; and
          [(5) procedures for public notification of the 
        procedures specified under subparagraphs (A) through 
        (D).
  [(c) Limitation.--Except as specifically provided in this 
section, nothing in this title is intended to grant any State 
or affected Indian tribe any authority with respect to the 
siting, development, or loading of the test and evaluation 
facility.

                H3  deg.[federal agency actions

  [Sec. 216. (a) Cooperation and Coordination.--Federal 
agencies shall assist the Secretary by cooperating and 
coordinating with the Secretary in the preparation of any 
necessary reports under this title and the mission plan under 
section 301.
  [(b) Environmental Review.--(1) No action of the Secretary or 
any other Federal agency required by this title or section 301 
with respect to a test and evaluation facility to be taken 
prior to the initiation of onsite construction of a test and 
evaluation facility shall require the preparation of an 
environmental impact statement under section 102(2)(C) of the 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), or to 
require the preparation of environmental reports, except as 
otherwise specifically provided for in this title.
  [(2) The Secretary and the heads of all other Federal 
agencies shall, to the maximum extent possible, avoid 
duplication of efforts in the preparation of reports under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.).

  H3  deg.[research and development on disposal of high-level 
                           radioactive waste

  [Sec. 217. (a) Purpose.--Not later than 64 months after the 
date of the enactment of this Act, the Secretary is authorized 
to, to the extent practicable, begin at a site evaluated under 
section 214, as part of and as an extension of siting research 
activities of such site under such section, the mining and 
construction of a test and evaluation facility. Prior to the 
mining and construction of such facility, the Secretary shall 
prepare an environmental assessment. The purpose of such 
facility shall be--
          [(1) to supplement and focus the repository site 
        characterization process;
          [(2) to provide the conditions under which known 
        technological components can be integrated to 
        demonstrate a functioning repository-like system;
          [(3) to provide a means of identifying, evaluating, 
        and resolving potential repository licensing issues 
        that could not be resolved during the siting research 
        program conducted under section 212;
          [(4) to validate, under actual conditions, the 
        scientific models used in the design of a repository;
          [(5) to refine the design and engineering of 
        repository components and systems and to confirm the 
        predicted behavior of such components and systems;
          [(6) to supplement the siting data, the generic and 
        specific geological characteristics developed under 
        section 214 relating to isolating disposal materials in 
        the physical environment of a repository;
          [(7) to evaluate the design concepts for packaging, 
        handling, and emplacement of high-level radioactive 
        waste and spent nuclear fuel at the design rate; and
          [(8) to establish operating capability without 
        exposing workers to excessive radiation.
  [(b) Design.--The Secretary shall design each test and 
evaluation facility--
          [(1) to be capable of receiving not more than 100 
        full-sized canisters of solidified high-level 
        radioactive waste (which canisters shall not exceed an 
        aggregate weight of 100 metric tons), except that spent 
        nuclear fuel may be used instead of such waste if such 
        waste cannot be obtained under reasonable conditions;
          [(2) to permit full retrieval of solidified high-
        level radioactive waste, or other radioactive material 
        used by the Secretary for testing, upon completion of 
        the technology demonstration activities; and
          [(3) based upon the principle that the high-level 
        radioactive waste, spent nuclear fuel, or other 
        radioactive material involved shall be isolated from 
        the biosphere in such a way that the initial isolation 
        is provided by engineered barriers functioning as a 
        system with the geologic environment.
  [(c) Operation.--(1) Not later than 88 months after the date 
of the enactment of this Act, the Secretary shall begin an in 
situ testing program at the test and evaluation facility in 
accordance with the mission plan developed under section 301, 
for purposes of--
          [(A) conducting in situ tests of bore hole sealing, 
        geologic media fracture sealing, and room closure to 
        establish the techniques and performance for isolation 
        of high-level radioactive waste, spent nuclear fuel, or 
        other radioactive materials from the biosphere;
          [(B) conducting in situ tests with radioactive 
        sources and materials to evaluate and improve reliable 
        models for radionuclide migration, absorption, and 
        containment within the engineered barriers and geologic 
        media involved, if the Secretary finds there is 
        reasonable assurance that such radioactive sources and 
        materials will not threaten the use of such site as a 
        repository;
          [(C) conducting in situ tests to evaluate and improve 
        models for ground water or brine flow through fractured 
        geologic media;
          [(D) conducting in situ tests under conditions 
        representing the real time and the accelerated time 
        behavior of the engineered barriers within the geologic 
        environment involved;
          [(E) conducting in situ tests to evaluate the effects 
        of heat and pressure on the geologic media involved, on 
        the hydrology of the surrounding area, and on the 
        integrity of the disposal packages;
          [(F) conducting in situ tests under both normal and 
        abnormal repository conditions to establish safe design 
        limits for disposal packages and to determine the 
        effects of the gross release of radionuclides into 
        surroundings, and the effects of various credible 
        failure modes, including--
                  [(i) seismic events leading to the coupling 
                of aquifers through the test and evaluation 
                facility;
                  [(ii) thermal pulses significantly greater 
                than the maximum calculated; and
                  [(iii) human intrusion creating a direct 
                pathway to the biosphere; and
          [(G) conducting such other research and development 
        activities as the Secretary considers appropriate, 
        including such activities necessary to obtain the use 
        of high-level radioactive waste, spent nuclear fuel, or 
        other radioactive materials (such as any highly 
        radioactive material from the Three Mile Island nuclear 
        powerplant or from the West Valley Demonstration 
        Project) for test and evaluation purposes, if such 
        other activities are reasonably necessary to support 
        the repository program and if there is reasonable 
        assurance that the radioactive sources involved will 
        not threaten the use of such site as a repository.
  [(2) The in situ testing authorized in this subsection shall 
be designed to ensure that the suitability of the site involved 
for licensing by the Commission as a repository will not be 
adversely affected.
  [(d) Use of Existing Department Facilities.--During the 
conducting of siting research activities under section 214 and 
for such period thereafter as the Secretary considers 
appropriate, the Secretary shall use Department facilities 
owned by the Federal Government on the date of the enactment of 
this Act for the conducting of generically applicable tests 
regarding packaging, handling, and emplacement technology for 
solidified high-level radioactive waste and spent nuclear fuel 
from civilian nuclear activities.
  [(e) Engineered Barriers.--The system of engineered barriers 
and selected geology used in a test and evaluation facility 
shall have a design life at least as long as that which the 
Commission requires by regulations issued under this Act, or 
under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), 
for repositories.
  [(f) Role of Commission.--(1)(A) Not later than 1 year after 
the date of the enactment of this Act, the Secretary and the 
Commission shall reach a written understanding establishing the 
procedures for review, consultation, and coordination in the 
planning, construction, and operation of the test and 
evaluation facility under this section. Such understanding 
shall establish a schedule, consistent with the deadlines set 
forth in this subtitle, for submission by the Secretary of, and 
review by the Commission of and necessary action on--
          [(i) the mission plan prepared under section 301; and
          [(ii) such reports and other information as the 
        Commission may reasonably require to evaluate any 
        health and safety impacts of the test and evaluation 
        facility.
  [(B) Such understanding shall also establish the conditions 
under which the Commission may have access to the test and 
evaluation facility for the purpose of assessing any public 
health and safety concerns that it may have. No shafts may be 
excavated for the test and evaluation until the Secretary and 
the Commission enter into such understanding.
  [(2) Subject to section 305, the test and evaluation 
facility, and the facilities authorized in section 217, shall 
be constructed and operated as research, development, and 
demonstration facilities, and shall not be subject to licensing 
under section 202 of the Energy Reorganization Act of 1974 (42 
U.S.C. 5842).
  [(3)(A) The Commission shall carry out a continuing analysis 
of the activities undertaken under this section to evaluate the 
adequacy of the consideration of public health and safety 
issues.
  [(B) The Commission shall report to the President, the 
Secretary, and the Congress as the Commission considers 
appropriate with respect to the conduct of activities under 
this section.
  [(g) Environmental Review.--The Secretary shall prepare an 
environmental impact statement under section 102(2)(C) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)) prior to conducting tests with radioactive 
materials at the test and evaluation facility. Such 
environmental impact statement shall incorporate, to the extent 
practicable, the environmental assessment prepared under 
section 217(a). Nothing in this subsection may be construed to 
limit siting research activities conducted under section 214. 
This subsection shall apply only to activities performed 
exclusively for a test and evaluation facility.
  [(h) Limitations.--(1) If the test and evaluation facility is 
not located at the site of a repository, the Secretary shall 
obtain the concurrence of the Commission with respect to the 
decontamination and decommissioning of such facility.
  [(2) If the test and evaluation facility is not located at a 
candidate site or repository site, the Secretary shall conduct 
only the portion of the in situ testing program required in 
subsection (c) determined by the Secretary to be useful in 
carrying out the purposes of this Act.
  [(3) The operation of the test and evaluation facility shall 
terminate not later than--
          [(A) 5 years after the date on which the initial 
        repository begins operation; or
          [(B) at such time as the Secretary determines that 
        the continued operation of a test and evaluation 
        facility is not necessary for research, development, 
        and demonstration purposes;
whichever occurs sooner.
  [(4) Notwithstanding any other provisions of this subsection, 
as soon as practicable following any determination by the 
Secretary, with the concurrence of the Commission, that the 
test and evaluation facility is unsuitable for continued 
operation, the Secretary shall take such actions as are 
necessary to remove from such site any radioactive material 
placed on such site as a result of testing and evaluation 
activities conducted under this section. Such requirement may 
be waived if the Secretary, with the concurrence of the 
Commission, finds that short-term testing and evaluation 
activities using radioactive material will not endanger the 
public health and safety.

    H3  deg.[research and development on spent nuclear fuel

  [Sec. 218. (a) Demonstration and Cooperative Programs.--The 
Secretary shall establish a demonstration program, in 
cooperation with the private sector, for the dry storage of 
spent nuclear fuel at civilian nuclear power reactor sites, 
with the objective of establishing one or more technologies 
that the Commission may, by rule, approve for use at the sites 
of civilian nuclear power reactors without, to the maximum 
extent practicable, the need for additional site-specific 
approvals by the Commission. Not later than 1 year after the 
date of the enactment of this Act, the Secretary shall select 
at least 1, but not more than 3, sites evaluated under section 
214 at such power reactors. In selecting such site or sites, 
the Secretary shall give preference to civilian nuclear power 
reactors that will soon have a shortage of interim storage 
capacity for spent nuclear fuel. Subject to reaching agreement 
as provided in subsection (b), the Secretary shall undertake 
activities to assist such power reactors with demonstration 
projects at such sites, which may use one of the following 
types of alternate storage technologies: spent nuclear fuel 
storage casks, caissons, or silos. The Secretary shall also 
undertake a cooperative program with civilian nuclear power 
reactors to encourage the development of the technology for 
spent nuclear fuel rod consolidation in existing power reactor 
water storage basins.
  [(b) Cooperative Agreements.--To carry out the programs 
described in subsection (a), the Secretary shall enter into a 
cooperative agreement with each utility involved that 
specifies, at a minimum, that--
          [(1) such utility shall select the alternate storage 
        technique to be used, make the land and spent nuclear 
        fuel available for the dry storage demonstration, 
        submit and provide site-specific documentation for a 
        license application to the Commission, obtain a license 
        relating to the facility involved, construct such 
        facility, operate such facility after licensing, pay 
        the costs required to construct such facility, and pay 
        all costs associated with the operation and maintenance 
        of such facility;
          [(2) the Secretary shall provide, on a cost-sharing 
        basis, consultative and technical assistance, including 
        design support and generic licensing documentation, to 
        assist such utility in obtaining the construction 
        authorization and appropriate license from the 
        Commission; and
          [(3) the Secretary shall provide generic research and 
        development of alternative spent nuclear fuel storage 
        techniques to enhance utility-provided, at-reactor 
        storage capabilities, if authorized in any other 
        provision of this Act or in any other provision of law.
  [(c) Dry Storage Research and Development.--(1) The 
consultative and technical assistance referred to in subsection 
(b)(2) may include, but shall not be limited to, the 
establishment of a research and development program for the dry 
storage of not more than 300 metric tons of spent nuclear fuel 
at facilities owned by the Federal Government on the date of 
the enactment of this Act. The purpose of such program shall be 
to collect necessary data to assist the utilities involved in 
the licensing process.
  [(2) To the extent available, and consistent with the 
provisions of section 135, the Secretary shall provide spent 
nuclear fuel for the research and development program 
authorized in this subsection from spent nuclear fuel received 
by the Secretary for storage under section 135. Such spent 
nuclear fuel shall not be subject to the provisions of section 
135(e).
  [(d) Funding.--The total contribution from the Secretary from 
Federal funds and the use of Federal facilities or services 
shall not exceed 25 percent of the total costs of the 
demonstration program authorized in subsection (a), as 
estimated by the Secretary. All remaining costs of such program 
shall be paid by the utilities involved or shall be provided by 
the Secretary from the Interim Storage Fund established in 
section 136.
  [(e) Relation to Spent Nuclear Fuel Storage Program.--The 
spent nuclear fuel storage program authorized in section 135 
shall not be construed to authorize the use of research 
development or demonstration facilities owned by the Department 
unless--
          [(1) a period of 30 calendar days (not including any 
        day in which either House of Congress is not in session 
        because of adjournment of more than 3 calendar days to 
        a day certain) has passed after the Secretary has 
        transmitted to the Committee on Science, Space, and 
        Technology of the House of Representatives and the 
        Committee on Energy and Natural Resources of the Senate 
        a written report containing a full and complete 
        statement concerning (A) the facility involved; (B) any 
        necessary modifications; (C) the cost thereof; and (D) 
        the impact on the authorized research and development 
        program; or
          [(2) each such committee, before the expiration of 
        such period, has transmitted to the Secretary a written 
        notice to the effect that such committee has no 
        objection to the proposed use of such facility.

         H3  deg.[payments to states and indian tribes

  [Sec. 219. (a) Payments.--Subject to subsection (b), the 
Secretary shall make payments to each State or affected Indian 
tribe that has entered into an agreement pursuant to section 
215. The Secretary shall pay an amount equal to 100 percent of 
the expenses incurred by such State or Indian tribe in engaging 
in any monitoring, testing, evaluation, or other consultation 
and cooperation activity under section 215 with respect to any 
site. The amount paid by the Secretary under this paragraph 
shall not exceed $3,000,000 per year from the date on which the 
site involved was identified to the date on which the 
decontamination and decommission of the facility is complete 
pursuant to section 217(h). Any such payment may only be made 
to a State in which a potential site for a test and evaluation 
facility has been identified under section 213, or to an 
affected Indian tribe where the potential site has been 
identified under such section.
  [(b) Limitation.--The Secretary shall make any payment to a 
State under subsection (a) only if such State agrees to 
provide, to each unit of general local government within the 
jurisdictional boundaries of which the potential site or 
effectively selected site involved is located, at least one-
tenth of the payments made by the Secretary to such State under 
such subsection. A State or affected Indian tribe receiving any 
payment under subsection (a) shall otherwise have discretion to 
use such payment for whatever purpose it deems necessary, 
including the State or tribal activities pursuant to agreements 
entered into in accordance with section 215. Annual payments 
shall be prorated on a 365-day basis to the specified dates.

     H3  deg.[study of research and development needs for 
                 monitored retrievable storage proposal

  [Sec. 220. Not later than 6 months after the date of the 
enactment of this Act, the Secretary shall submit to the 
Congress a report describing the research and development 
activities the Secretary considers necessary to develop the 
proposal required in section 141(b) with respect to a monitored 
retrievable storage facility.

                    H3  deg.[judicial review

  [Sec. 221. Judicial review of research and development 
activities under this title shall be in accordance with the 
provisions of section 119.
  [Sec. 222. Research on Alternatives for the Permanent 
Disposal of High-Level Radioactive Waste.--The Secretary shall 
continue and accelerate a program of research, development, and 
investigation of alternative means and technologies for the 
permanent disposal of high-level radioactive waste from 
civilian nuclear activities and Federal research and 
development activities except that funding shall be made from 
amounts appropriated to the Secretary for purposes of carrying 
out this section. Such program shall include examination of 
various waste disposal options.

  [technical assistance to non-nuclear weapon states in the field of 
                    spent fuel storage and disposal

  [Sec. 223. (a) It shall be the policy of the United States to 
cooperate with and provide technical assistance to non-nuclear 
weapon states in the field of spent fuel storage and disposal.
  [(b)(1) Within 90 days of enactment of this Act, the 
Secretary and the Commission shall publish a joint notice in 
the Federal Register stating that the United States is prepared 
to cooperate with and provide technical assistance to non-
nuclear weapon states in the fields of at-reactor spent fuel 
storage; away-from-reactor spent fuel storage; monitored, 
retrievable spent fuel storage; geologic disposal of spent 
fuel; and the health, safety, and environmental regulation of 
such activities. The notice shall summarize the resources that 
can be made available for international cooperation and 
assistance in these fields through existing programs of the 
Department and the Commission, including the availability of: 
(i) data from past or ongoing research and development 
projects; (ii) consultations with expert Department or 
Commission personnel or contractors; and (iii) liaison with 
private business entities and organizations working in these 
fields.
  [(2) The joint notice described in the preceding subparagraph 
shall be updated and reissued annually for 5 succeeding years.
  [(c) Following publication of the annual joint notice 
referred to in paragraph (2), the Secretary of State shall 
inform the governments of non-nuclear weapon states and, as 
feasible, the organizations operating nuclear powerplants in 
such states, that the United States is prepared to cooperate 
with and provide technical assistance to non-nuclear weapon 
states in the fields of spent fuel storage and disposal, as set 
forth in the joint notice. The Secretary of State shall also 
solicit expressions of interest from non-nuclear weapon state 
governments and non-nuclear weapon state nuclear power reactor 
operators concerning their participation in expanded United 
States cooperation and technical assistance programs in these 
fields. The Secretary of State shall transmit any such 
expressions of interest to the Department and the Commission.
  [(d) With his budget presentation materials for the 
Department and the Commission for fiscal years 1984 through 
1989, the President shall include funding requests for an 
expanded program of cooperation and technical assistance with 
non-nuclear weapon states in the fields of spent fuel storage 
and disposal as appropriate in light of expressions of interest 
in such cooperation and assistance on the part of non-nuclear 
weapon state governments and non-nuclear weapon state nuclear 
power reactor operators.
  [(e) For the purposes of this subsection, the term ``non-
nuclear weapon state'' shall have the same meaning as that set 
forth in article IX of the Treaty on the Non-Proliferation of 
Nuclear Weapons (21 U.S.C. 438).
  [(f) Nothing in this subsection shall authorize the 
Department or the Commission to take any action not authorized 
under existing law.

                          [subseabed disposal

    [Sec. 224. (a) Study.--Within 270 days after the date of 
the enactment of the Nuclear Waste Policy Amendments Act of 
1987, the Secretary shall report to Congress on subseabed 
disposal of spent nuclear fuel and high-level radioactive 
waste. The report under this subsection shall include--
          [(1) an assessment of the current state of knowledge 
        of subseabed disposal as an alternative technology for 
        disposal of spent nuclear fuel and high-level 
        radioactive waste;
          [(2) an estimate of the costs of subseabed disposal;
          [(3) an analysis of institutional factors associated 
        with subseabed disposal, including international 
        aspects of a decision of the United States to proceed 
        with subseabed disposal as an option for nuclear waste 
        management;
          [(4) a full discussion of the environmental and 
        public health and safety aspects of subseabed disposal;
          [(5) recommendations on alternative ways to structure 
        an effort in research, development, and demonstration 
        with respect to subseabed disposal; and
          [(6) the recommendations of the Secretary with 
        respect to research, development and demonstration in 
        subseabed disposal of spent nuclear fuel and high-level 
        radioactive waste.
    [(b) Office of Subseabed Disposal Research.--(1) There is 
hereby established an Office of Subseabed Disposal Research 
within the Office of Energy Research of the Department of 
Energy. The Office shall be headed by the Director, who shall 
be a member of the Senior Executive Service appointed by the 
Director of the Office of Energy Research, and compensated at a 
rate determined by applicable law.
    [(2) The Director of the Office of Subseabed Disposal 
Research shall be responsible for carrying out research, 
development, and demonstration activities on all aspects of 
subseabed disposal of high-level radioactive waste and spent 
nuclear fuel, subject to the general supervision of the 
Secretary. The Director of the Office shall be directly 
responsible to the Director of the Office of Energy Research, 
and the first such Director shall be appointed within 30 days 
of the date of enactment of the Nuclear Waste Policy Amendments 
Act of 1987.
    [(3) In carrying out his responsibilities under this Act, 
the Secretary may make grants to, or enter into contracts with, 
the Subseabed Consortium described in subsection (d) of this 
section, and other persons.
    [(4)(A) Within 60 days of the date of enactment of the 
Nuclear Waste Policy Amendments Act of 1987, \1\ the Secretary 
shall establish a university-based Subseabed Consortium 
involving leading oceanographic universities and institutions, 
national laboratories, and other organizations to investigate 
the technical and institutional feasibility of subseabed 
disposal.
    [(B) The Subseabed Consortium shall develop a research plan 
and budget to achieve the following objectives by 1995:
          [(i) demonstrate the capacity to identify and 
        characterize potential subseabed disposal sites;
          [(ii) develop conceptual designs for a subseabed 
        disposal system, including estimated costs and 
        institutional requirements; and
          [(iii) identify and assess the potential impacts of 
        subseabed disposal on the human and marine environment.
    [(C) In 1990, and again in 1995, the Subseabed Consortium 
shall report to Congress on the progress being made in 
achieving the objectives of paragraph (2).
    [(5) The Director of the Office of Subseabed Disposal 
Research shall annually prepare and submit a report to the 
Congress on the activities and expenditures of the Office.

 H1  deg.[TITLE III--OTHER PROVISIONS RELATING TO RADIOACTIVE 
                                 WASTE

                     H3  deg.[mission plan

  [Sec. 301. (a) Contents of Mission Plan.--The Secretary shall 
prepare a comprehensive report, to be known as the mission 
plan, which shall provide an informational basis sufficient to 
permit informed decisions to be made in carrying out the 
repository program and the research, development, and 
demonstration programs required under this Act. The mission 
plan shall include--
          [(1) an identification of the primary scientific, 
        engineering, and technical information, including any 
        necessary demonstration of engineering or systems 
        integration, with respect to the siting and 
        construction of a test and evaluation facility and 
        repositories;
          [(2) an identification of any information described 
        in paragraph (1) that is not available because of any 
        unresolved scientific, engineering, or technical 
        questions, or undemonstrated engineering or systems 
        integration, a schedule including specific major 
        milestones for the research, development, and 
        technology demonstration program required under this 
        Act and any additional activities to be undertaken to 
        provide such information, a schedule for the activities 
        necessary to achieve important programmatic milestones, 
        and an estimate of the costs required to carry out such 
        research, development, and demonstration programs;
          [(3) an evaluation of financial, political, legal, or 
        institutional problems that may impede the 
        implementation of this Act, the plans of the Secretary 
        to resolve such problems, and recommendations for any 
        necessary legislation to resolve such problems;
          [(4) any comments of the Secretary with respect to 
        the purpose and program of the test and evaluation 
        facility;
          [(5) a discussion of the significant results of 
        research and development programs conducted and the 
        implications for each of the different geologic media 
        under consideration for the siting of repositories, 
        and, on the basis of such information, a comparison of 
        the advantages and disadvantages associated with the 
        use of such media for repository sites;
          [(6) the guidelines issued under section 112(a);
          [(7) a description of known sites at which site 
        characterization activities should be undertaken, a 
        description of such siting characterization activities, 
        including the extent of planned excavations, plans for 
        onsite testing with radioactive or nonradioactive 
        material, plans for any investigations activities which 
        may affect the capability of any such site to isolate 
        high-level radioactive waste or spent nuclear fuel, 
        plans to control any adverse, safety-related impacts 
        from such site characterization activities, and plans 
        for the decontamination and decommissioning of such 
        site if it is determined unsuitable for licensing as a 
        repository;
          [(8) an identification of the process for solidifying 
        high-level radioactive waste or packaging spent nuclear 
        fuel, including a summary and analysis of the data to 
        support the selection of the solidification process and 
        packaging techniques, an analysis of the requirements 
        for the number of solidification packaging facilities 
        needed, a description of the state of the art for the 
        materials proposed to be used in packaging such waste 
        or spent fuel and the availability of such materials 
        including impacts on strategic supplies and any 
        requirements for new or reactivated facilities to 
        produce any such materials needed, and a description of 
        a plan, and the schedule for implementing such plan, 
        for an aggressive research and development program to 
        provide when needed a high-integrity disposal package 
        at a reasonable price;
          [(9) an estimate of (A) the total repository capacity 
        required to safely accommodate the disposal of all 
        high-level radioactive waste and spent nuclear fuel 
        expected to be generated through December 31, 2020, in 
        the event that no commercial reprocessing of spent 
        nuclear fuel occurs, as well as the repository capacity 
        that will be required if such reprocessing does occur; 
        (B) the number and type of repositories required to be 
        constructed to provide such disposal capacity; (C) a 
        schedule for the construction of such repositories; and 
        (D) an estimate of the period during which each 
        repository listed in such schedule will be accepting 
        high-level radioactive waste or spent nuclear fuel for 
        disposal;
          [(10) an estimate, on an annual basis, of the costs 
        required (A) to construct and operate the repositories 
        anticipated to be needed under paragraph (9) based on 
        each of the assumptions referred to in such paragraph; 
        (B) to construct and operate a test and evaluation 
        facility, or any other facilities, other than 
        repositories described in subparagraph (A), determined 
        to be necessary; and (C) to carry out any other 
        activities under this Act; and
          [(11) an identification of the possible adverse 
        economic and other impacts to the State or Indian tribe 
        involved that may arise from the development of a test 
        and evaluation facility or repository at a site.
  [(b) Submission of Mission Plan.--(1) Not later than 15 
months after the date of the enactment of this Act, the 
Secretary shall submit a draft mission plan to the States, the 
affected Indian tribes, the Commission, and other Government 
agencies as the Secretary deems appropriate for their comments.
  [(2) In preparing any comments on the mission plan, such 
agencies shall specify with precision any objections that they 
may have. Upon submission of the mission plan to such agencies, 
the Secretary shall publish a notice in the Federal Register of 
the submission of the mission plan and of its availability for 
public inspection, and, upon receipt of any comments of such 
agencies respecting the mission plan, the Secretary shall 
publish a notice in the Federal Register of the receipt of 
comments and of the availability of the comments for public 
inspection. If the Secretary does not revise the mission plan 
to meet objections specified in such comments, the Secretary 
shall publish in the Federal Register a detailed statement for 
not so revising the mission plan.
  [(3) The Secretary, after reviewing any other comments made 
by such agencies and revising the mission plan to the extent 
that the Secretary may consider to be appropriate, shall submit 
the mission plan to the appropriate committees of the Congress 
not later than 17 months after the date of the enactment of 
this Act. The mission plan shall be used by the Secretary at 
the end of the first period of 30 calendar days (not including 
any day on which either House of Congress is not in session 
because of adjournment of more than 3 calendar days to a day 
certain) following receipt of the mission plan by the Congress.

                          [nuclear waste fund

  [Sec. 302. (a) Contracts.--(1) In the performance of his 
functions under this Act, the Secretary is authorized to enter 
into contracts with any person who generates or holds title to 
high-level radioactive waste, or spent nuclear fuel, of 
domestic origin for the acceptance of title, subsequent 
transportation, and disposal of such waste or spent fuel. Such 
contracts shall provide for payment to the Secretary of fees 
pursuant to paragraphs (2) and (3) sufficient to offset 
expenditures described in subsection (d).
  [(2) For electricity generated by a civilian nuclear power 
reactor and sold on or after the date 90 days after the date of 
enactment of this Act, the fee under paragraph (1) shall be 
equal to 1.0 mil per kilowatt-hour.
  [(3) 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 the application of the fee under paragraph (2) 
to such reactor, the Secretary shall, not later than 90 days 
after the date of enactment of this Act, establish a 1 time fee 
per kilogram of heavy metal in spent nuclear fuel, or in 
solidified high-level radioactive waste. Such fee shall be in 
an amount equivalent to an average charge of 1.0 mil per 
kilowatt-hour for electricity generated by such spent nuclear 
fuel, or such solidified high-level waste derived therefrom, to 
be collected from any person delivering such spent nuclear fuel 
or high-level waste, pursuant to section 123, to the Federal 
Government. Such fee shall be paid to the Treasury of the 
United States and shall be deposited in the separate fund 
established by subsection (c) 126(b). In paying such a fee, the 
person delivering spent fuel, or solidified high-level 
radioactive wastes derived therefrom, to the Federal Government 
shall have no further financial obligation to the Federal 
Government for the long-term storage and permanent disposal of 
such spent fuel, or the solidified high-level radioactive waste 
derived therefrom.
  [(4) Not later than 180 days after the date of enactment of 
this Act, the Secretary shall establish procedures for the 
collection and payment of the fees established by paragraph (2) 
and paragraph (3). The Secretary shall annually review the 
amount of the fees established by paragraphs (2) and (3) above 
to evaluate whether collection of the fee will provide 
sufficient revenues to offset the costs as defined in 
subsection (d) herein. In the event the Secretary determines 
that either insufficient or excess revenues are being 
collected, in order to recover the costs incurred by the 
Federal Government that are specified in subsection (d), the 
Secretary shall propose an adjustment to the fee to insure full 
cost recovery. The Secretary shall immediately transmit this 
proposal for such an adjustment to Congress. The adjusted fee 
proposed by the Secretary shall be effective after a period of 
90 days of continuous session have elapsed following the 
receipt of such transmittal unless during such 90-day period 
either House of Congress adopts a resolution disapproving the 
Secretary's proposed adjustment in accordance with the 
procedures set forth for congressional review of an energy 
action under section 551 of the Energy Policy and Conservation 
Act.
  [(5) Contracts entered into under this section shall provide 
that--
          [(A) following commencement of operation of a 
        repository, the Secretary shall take title to the high-
        level radioactive waste or spent nuclear fuel involved 
        as expeditiously as practicable upon the request of the 
        generator or owner of such waste or spent fuel; and
          [(B) in return for the payment of fees established by 
        this section, the Secretary, beginning not later than 
        January 31, 1998, will dispose of the high-level 
        radioactive waste or spent nuclear fuel involved as 
        provided in this subtitle.
  [(6) The Secretary shall establish in writing criteria 
setting forth the terms and conditions under which such 
disposal services shall be made available.
  [(b) Advance Contracting Requirement.--(1)(A) 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 with the 
        Secretary under this section; or
          [(ii) the Secretary affirms in writing that such 
        person is actively and in good faith negotiating with 
        the Secretary for a contract under this section.
  [(B) 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 high-level radioactive waste and spent nuclear fuel 
that may result from the use of such license.
  [(2) Except as provided in paragraph (1), no spent nuclear 
fuel or high-level radioactive waste generated or owned by any 
person (other than a department of the United States referred 
to in section 101 or 102 of title 5, United States Code) may be 
disposed of by the Secretary in any repository constructed 
under this Act unless the generator or owner of such spent fuel 
or waste has entered into a contract with the Secretary under 
this section by not later than--
          [(A) June 30, 1983; or
          [(B) the date on which such generator or owner 
        commences generation of, or takes title to, such spent 
        fuel or waste;
whichever occurs later.
  [(3) The rights and duties of a party to a contract entered 
into under this section may be assignable with transfer of 
title to the spent nuclear fuel or high-level radioactive waste 
involved.
  [(4) No high-level radioactive waste or spent nuclear fuel 
generated or owned by any 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 any repository 
constructed under this Act unless such department transfers to 
the Secretary, for deposit in the Nuclear Waste Fund, amounts 
equivalent to the fees that would be paid to the Secretary 
under the contracts referred to in this section if such waste 
or spent fuel were generated by any other person.
  [(c) Establishment of Nuclear Waste Fund.--There hereby is 
established in the Treasury of the United States a separate 
fund, to be known as the Nuclear Waste Fund. The Waste Fund 
shall consist of--
          [(1) all receipts, proceeds, and recoveries realized 
        by the Secretary under subsections (a), (b), and (e), 
        which shall be deposited in the Waste Fund immediately 
        upon their realization;
          [(2) any appropriations made by the Congress to the 
        Waste Fund; and
          [(3) any unexpended balances available on the date of 
        the enactment of this Act for functions or activities 
        necessary or incident to the disposal of civilian high-
        level radioactive waste or civilian spent nuclear fuel, 
        which shall automatically be transferred to the Waste 
        Fund on such date.
  [(d) Use of Waste Fund.--The Secretary may make expenditures 
from the Waste Fund, subject to subsection (e), only for 
purposes of radioactive waste disposal activities under titles 
I and II, including--
          [(1) the identification, development, licensing, 
        construction, operation, decommissioning, and post-
        decommissioning maintenance and monitoring of any 
        repository, monitored, retrievable storage facility or 
        test and evaluation facility constructed under this 
        Act;
          [(2) the conducting of nongeneric research, 
        development, and demonstration activities under this 
        Act;
          [(3) the administrative cost of the radioactive waste 
        disposal program;
          [(4) any costs that may be incurred by the Secretary 
        in connection with the transportation, treating, or 
        packaging of spent nuclear fuel or high-level 
        radioactive waste to be disposed of in a repository, to 
        be stored in a monitored, retrievable storage site or 
        to be used in a test and evaluation facility;
          [(5) the costs associated with acquisition, design, 
        modification, replacement, operation, and construction 
        of facilities at a repository site, a monitored, 
        retrievable storage site or a test and evaluation 
        facility site and necessary or incident to such 
        repository, monitored, retrievable storage facility or 
        test and evaluation facility; and
          [(6) the provision of assistance to States, units of 
        general local government, and Indian tribes under 
        sections 116, 118, and 219.
No amount may be expended by the Secretary under this subtitle 
for the construction or expansion of any facility unless such 
construction or expansion is expressly authorized by this or 
subsequent legislation. The Secretary hereby is authorized to 
construct one repository and one test and evaluation facility.
  [(e) Administration of Waste Fund.--(1) The Secretary of the 
Treasury shall hold the Waste Fund and, after consultation with 
the Secretary, annually report to the Congress on the financial 
condition and operations of the Waste Fund during the preceding 
fiscal year.
  [(2) The Secretary shall submit the budget of the Waste Fund 
to the Office of Management and Budget triennially 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 of the Waste Fund shall consist of the estimates 
made by the Secretary of expenditures from the Waste Fund and 
other relevant financial matters for the succeeding 3 fiscal 
years, and shall be included in the Budget of the United States 
Government. The Secretary may make expenditures from the Waste 
Fund, subject to appropriations which shall remain available 
until expended. Appropriations shall be subject to triennial 
authorization.
  [(3) If the Secretary determines that the 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--
          [(A) having maturities determined by the Secretary of 
        the Treasury to be appropriate to the needs of the 
        Waste Fund; and
          [(B) bearing interest at rates determined to be 
        appropriate by the Secretary of the Treasury, taking 
        into consideration the current average market yield on 
        outstanding marketable obligations of the United States 
        with remaining periods to maturity comparable to the 
        maturities of such investments, except that the 
        interest rate on such investments shall not exceed the 
        average interest rate applicable to existing 
        borrowings.
  [(4) Receipts, proceeds, and recoveries realized by the 
Secretary under this section, and expenditures of amounts from 
the Waste Fund, shall be exempt from annual apportionment under 
the provisions of subchapter II of chapter 15 of title 31, 
United States Code.
  [(5) If at any time the moneys available in the Waste Fund 
are insufficient to enable the Secretary to discharge his 
responsibilities under this subtitle, the Secretary shall issue 
to the Secretary of the Treasury obligations in such forms and 
denominations, bearing such maturities, and subject to such 
terms and conditions as may be agreed to by the Secretary and 
the Secretary of the Treasury. The total of such obligations 
shall not exceed amounts provided in appropriation Acts. 
Redemption of such obligations shall be made by the Secretary 
from moneys available in the Waste Fund. Such obligations shall 
bear interest at a rate determined by the Secretary of the 
Treasury, which shall be not less than a rate determined by 
taking into consideration the average market yield on 
outstanding marketable obligations of the United States of 
comparable maturities during the month preceding the issuance 
of the obligations under this paragraph. The Secretary of the 
Treasury shall purchase any issued obligations, and for such 
purpose the Secretary of the Treasury is authorized to use as a 
public debt transaction the proceeds from the sale of any 
securities issued under chapter 31 of title 31, United States 
Code, and the purposes for which securities may be issued under 
such Act are extended to include any purchase of such 
obligations. The Secretary of the Treasury may at any time sell 
any of the obligations acquired by him under this paragraph. 
All redemptions, purchases, and sales by the Secretary of the 
Treasury of obligations under this paragraph shall be treated 
as public debt transactions of the United States.
  [(6) Any appropriations made available to the Waste Fund for 
any purpose described in subsection (d) shall be repaid into 
the general fund of the Treasury, together with interest from 
the date of availability of the appropriations until the date 
of repayment. Such interest shall be paid on the cumulative 
amount of appropriations available to the Waste Fund, less the 
average undisbursed cash balance in the Waste Fund account 
during the fiscal year involved. The rate of such interest 
shall be determined by the Secretary of the Treasury taking 
into consideration the average market yield during the month 
preceding each fiscal year on outstanding marketable 
obligations of the United States of comparable maturity. 
Interest payments may be deferred with the approval of the 
Secretary of the Treasury, but any interest payments so 
deferred shall themselves bear interest.

                    [alternative means of financing

  [Sec. 303. The Secretary shall undertake a study with respect 
to alternative approaches to managing the construction and 
operation of all civilian radioactive waste management 
facilities, including the feasibility of establishing a private 
corporation for such purposes. In conducting such study, the 
Secretary shall consult with the Director of the Office of 
Management and Budget, the Chairman of the Commission, and such 
other Federal agency representatives as may be appropriate. 
Such study shall be completed, and a report containing the 
results of such study shall be submitted to the Congress, 
within 1 year after the date of the enactment of this Act.

            [office of civilian radioactive waste management

  [Sec. 304. (a) Establishment.--There hereby is established 
within the Department of Energy an Office of Civilian 
Radioactive Waste Management. The Office shall be headed by a 
Director, who shall be appointed by the President, by and with 
the advice and consent of the Senate, and who shall be 
compensated at the rate payable for level IV of the Executive 
Schedule under section 5315 of title 5, United States Code.
  [(b) Functions of Director.--The Director of the Office shall 
be responsible for carrying out the functions of the Secretary 
under this Act, subject to the general supervision of the 
Secretary. The Director of the Office shall be directly 
responsible to the Secretary.
  [(c) Annual Report to Congress.--The Director of the Office 
shall annually prepare and submit to the Congress a 
comprehensive report on the activities and expenditures of the 
Office.
  [(d) Annual Audit by Comptroller General.--The Comptroller 
General of the United States shall annually make an audit of 
the Office, in accordance with such regulations as the 
Comptroller General may prescribe. The Comptroller General 
shall have access to such books, records, accounts, and other 
materials of the Office as the Comptroller General determines 
to be necessary for the preparation of such audit. The 
Comptroller General shall submit to the Congress a report on 
the results of each audit conducted under this section.

               [location of test and evaluation facility

  [Sec. 305. (a) Report to Congress.--Not later than 1 year 
after the date of the enactment of this Act, the Secretary 
shall transmit to the Congress a report setting forth whether 
the Secretary plans to locate the test and evaluation facility 
at the site of a repository.
  [(b) Procedures.--(1) If the test and evaluation facility is 
to be located at any candidate site or repository site (A) site 
selection and development of such facility shall be conducted 
in accordance with the procedures and requirements established 
in title I with respect to the site selection and development 
of repositories; and (B) the Secretary may not commence 
construction of any surface facility for such test and 
evaluation facility prior to issuance by the Commission of a 
construction authorization for a repository at the site 
involved.
  [(2) No test and evaluation facility may be converted into a 
repository unless site selection and development of such 
facility was conducted in accordance with the procedures and 
requirements established in title I with respect to the site 
selection and development of repositories.
  [(3) The Secretary may not commence construction of a test 
and evaluation facility at a candidate site or site recommended 
as the location for a repository prior to the date on which the 
designation of such site is effective under section 115.

         [nuclear regulatory commission training authorization

  [Sec. 306. Nuclear Regulatory Commission Training 
Authorization.--The Nuclear Regulatory Commission is authorized 
and directed to promulgate regulations, or other appropriate 
Commission 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 NRC 
administration of requalification examinations; requirements 
for operating tests at civilian nuclear powerplant simulators, 
and instructional requirements for civilian nuclear powerplant 
licensee personnel training programs. Such regulations or other 
regulatory guidance shall be promulgated by the Commission 
within the 12-month period following enactment of this Act, and 
the Commission within the 12-month period following enactment 
of this Act shall submit a report to Congress setting forth the 
actions the Commission has taken with respect to fulfilling its 
obligations under this section.

                  [TITLE IV--NUCLEAR WASTE NEGOTIATOR

                              [definition

  [Sec. 401. For purposes of this title, the term ``State'' 
means each of the several States and the District of Columbia.

              [the office of the nuclear waste negotiator

  [Sec. 402. (a) Establishment.--There is established the 
Office of the Nuclear Waste Negotiator that shall be an 
independent establishment in the executive branch.
  [(b) The Nuclear Waste Negotiator.--(1) The Office shall be 
headed by a Nuclear Waste Negotiator who shall be appointed by 
the President, by and with the advice and consent of the 
Senate. The Negotiator shall hold office at the pleasure of the 
President, and shall be compensated at the rate provided for 
level III of the Executive Schedule in section 5314 of title 5, 
United States Code.
  [(2) The Negotiator shall attempt to find a State or Indian 
tribe willing to host a repository or monitored retrievable 
storage facility at a technically qualified site on reasonable 
terms and shall negotiate with any State or Indian tribe which 
expresses an interest in hosting a repository or monitored 
retrievable storage facility.

                       [duties of the negotiator

  [Sec. 403. (a) Negotiations With Potential Hosts.--(1) The 
Negotiator shall--
          [(A) seek to enter into negotiations on behalf of the 
        United States with--
                  [(i) the Governor of any State in which a 
                potential site is located; and
                  [(ii) the governing body of any Indian tribe 
                on whose reservation a potential site is 
                located; and
          [(B) attempt to reach a proposed agreement between 
        the United States and any such State or Indian tribe 
        specifying the terms and conditions under which such 
        State or tribe would agree to host a repository or 
        monitored retrievable storage facility within such 
        State or reservation.
  [(2) In any case in which State law authorizes any person or 
entity other than the Governor to negotiate a proposed 
agreement under this section on behalf of the State, any 
reference in this title to the Governor shall be considered to 
refer instead to such other person or entity.
  [(b) Consultation With Affected States, Subdivisions of 
States, and Tribes.--In addition to entering into negotiations 
under subsection (a), the Negotiator shall consult with any 
State, affected unit of local government, or any Indian tribe 
that the Negotiator determines may be affected by the siting of 
a repository or monitored retrievable storage facility and may 
include in any proposed agreement such terms and conditions 
relating to the interest of such States, affected units of 
local government, or Indian tribes as the Negotiator determines 
to be reasonable and appropriate.
  [(c) Consultation With Other Federal Agencies.--The 
Negotiator may solicit and consider the comments of the 
Secretary, the Nuclear Regulatory Commission, or any other 
Federal agency on the suitability of any potential site for 
site characterization. Nothing in this subsection shall be 
construed to require the Secretary, the Nuclear Regulatory 
Commission, or any other Federal agency to make a finding that 
any such site is suitable for site characterization.
  [(d) Proposed Agreement.--(1) The Negotiator shall submit to 
the Congress any proposed agreement between the United States 
and a State or Indian tribe negotiated under subsection (a) and 
an environmental assessment prepared under section 404(a) for 
the site concerned.
  [(2) Any such proposed agreement shall contain such terms and 
conditions (including such financial and institutional 
arrangements) as the Negotiator and the host State or Indian 
tribe determine to be reasonable and appropriate and shall 
contain such provisions as are necessary to preserve any right 
to participation or compensation of such State, affected unit 
of local government, or Indian tribe under sections 116(c), 
117, and 118(b).
  [(3)(A) No proposed agreement entered into under this section 
shall have legal effect unless enacted into Federal Law.
  [(B) A State or Indian tribe shall enter into an agreement 
under this section in accordance with the laws of such State or 
tribe. Nothing in this section may be construed to prohibit the 
disapproval of a proposed agreement between a State and the 
United States under this section by a referendum or an act of 
the legislature of such State.
  [(4) Notwithstanding any proposed agreement under this 
section, the Secretary may construct a repository or monitored 
retrievable storage facility at a site agreed to under this 
title only if authorized by the Nuclear Regulatory Commission 
in accordance with the Atomic Energy Act of 1954 (42 U.S.C. 
2012 et seq.), title II of the Energy Reorganization Act of 
1982 (42 U.S.C. 5841 et seq.) and any other law applicable to 
authorization of such construction.

                   [environmental assessment of sites

  [Sec. 404. (a) In General.--Upon the request of the 
Negotiator, the Secretary shall prepare an environmental 
assessment of any site that is the subject of negotiations 
under section 403(a).
  [(b) Contents.--(1) Each environmental assessment prepared 
for a repository site shall include a detailed statement of the 
probable impacts of characterizing such site and the 
construction and operation of a repository at such site.
  [(2) Each environmental assessment prepared for a monitored 
retrievable storage facility site shall include a detailed 
statement of the probable impacts of construction and operation 
of such a facility at such site.
  [(c) Judicial Review.--The issuance of an environmental 
assessment under subsection (a) shall be considered to be a 
final agency action subject to judicial review in accordance 
with the provisions of chapter 7 of title 5, United States 
Code, and section 119.
  [(d) Public Hearings.--(1) In preparing an environmental 
assessment for any repository or monitored retrievable storage 
facility site, the Secretary shall hold public hearings in the 
vicinity of such site to inform the residents of the area in 
which such site is located that such site is being considered 
and to receive their comments.
  [(2) At such hearings, the Secretary shall solicit and 
receive any recommendations of such residents with respect to 
issues that should be addressed in the environmental assessment 
required under subsection (a) and the site characterization 
plan described in section 113(b)(1).
    [(e) Public Availability.--Each environmental assessment 
prepared under subsection (a) shall be made available to the 
public.
  [(f) Evaluation of Sites.--(1) In preparing an environmental 
assessment under subsection (a), the Secretary shall use 
available geophysical, geologic, geochemical and hydrologic, 
and other information and shall not conduct any preliminary 
borings or excavations at any site that is the subject of such 
assessment unless--
  [(A) such preliminary boring or excavation activities were in 
progress on or before the date of the enactment of the Nuclear 
Waste Policy Amendments Act of 1987;
  [(B) the Secretary certifies that, in the absence of 
preliminary borings or excavations, adequate information will 
not be available to satisfy the requirements of this Act or any 
other law.
  [(2) No preliminary boring or excavation conducted under this 
section shall exceed a diameter of 40 inches.

                   [site characterization; licensing

  [Sec. 405. (a) Site Characterization.--Upon enactment of 
legislation to implement an agreement to site a repository 
negotiated under section 403(a), the Secretary shall conduct 
appropriate site characterization activities for the site that 
is the subject of such agreement subject to the conditions and 
terms of such agreement. Any such site characterization 
activities shall be conducted in accordance with section 113, 
except that references in such section to the Yucca Mountain 
site and the State of Nevada shall be deemed to refer to the 
site that is the subject of the agreement and the State or 
Indian tribe entering into the agreement.
  [(b) Licensing.--(1) Upon the completion of site 
characterization activities carried out under subsection (a), 
the Secretary shall submit to the Nuclear Regulatory Commission 
an application for construction authorization for a repository 
at such site.
  [(2) The Nuclear Regulatory Commission shall consider an 
application for a construction authorization for a repository 
or monitored retrievable storage facility in accordance with 
the laws applicable to such applications, except that the 
Nuclear Regulatory Commission shall issue a final decision 
approving or disapproving the issuance of a construction 
authorization not later than 3 years after the date of the 
submission of such application.

                     [monitored retrievable storage

  [Sec. 406. (a) Construction and Operation.--Upon enactment of 
legislation to implement an agreement negotiated under section 
403(a) to site a monitored retrievable storage facility, the 
Secretary shall construct and operate such facility as part of 
an integrated nuclear waste management system in accordance 
with the terms and conditions of such agreement.
  [(b) Financial Assistance.--The Secretary may make grants to 
any State, Indian tribe, or affected unit of local government 
to assess the feasibility of siting a monitored retrievable 
storage facility under this section at a site under the 
jurisdiction of such State, tribe, or affected unit of local 
government.

                    [environmental impact statement

    [Sec. 407. (a) In General.--Issuance of a construction 
authorization for a repository or monitored retrievable storage 
facility under section 405(b) 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.).
    [(b) Preparation.--A final environmental impact statement 
shall be prepared by the Secretary under such Act and shall 
accompany any application to the Nuclear Regulatory Commission 
for a construction authorization.
    [(c) Adoption.--(1) Any such environmental impact statement 
shall, to the extent practicable, be adopted by the Nuclear 
Regulatory Commission, in accordance with section 1506.3 of 
title 40, Code of Federal Regulations, in connection with the 
issuance by the Nuclear Regulatory Commission of a construction 
authorization and license for such repository or monitored 
retrievable storage facility.
    [(2)(A) In any such statement prepared with respect to a 
repository to be constructed under this title at the Yucca 
Mountain site, the Nuclear Regulatory Commission need not 
consider the need for a repository, the time of initial 
availability of a repository, alternate sites to the Yucca 
Mountain site, or nongeologic alternatives to such site.
    [(B) In any such statement prepared with respect to a 
repository to be constructed under this title at a site other 
than the Yucca Mountain site, the Nuclear Regulatory Commission 
need not consider the need for a repository, the time of 
initial availability of a repository, or nongeologic 
alternatives to such site but shall consider the Yucca Mountain 
site as an alternate to such site in the preparation of such 
statement.

                [administrative powers of the negotiator

    [Sec. 408. In carrying out his functions under this title, 
the Negotiator may--
          [(1) appoint such officers and employees as he 
        determines to be necessary and prescribe their duties;
          [(2) obtain services as authorized by section 3109 of 
        title 5, United States Code, at rates not to exceed the 
        rate prescribed for grade GS-18 of the General Schedule 
        by section 5332 of title 5, United States Code;
          [(3) promulgate such rules and regulations as may be 
        necessary to carry out such functions;
          [(4) utilize the services, personnel, and facilities 
        of other Federal agencies (subject to the consent of 
        the head of any such agency);
          [(5) for purposes of performing administrative 
        functions under this title, and to the extent funds are 
        appropriated, enter into and perform such contracts, 
        leases, cooperative agreements, or other transactions 
        as may be necessary and on such terms as the Negotiator 
        determines to be appropriate, with any agency or 
        instrumentality of the United States, or with any 
        public or private person or entity;
          [(6) accept voluntary and uncompensated services, 
        notwithstanding the provisions of sections 1342 of 
        title 31, United States Code;
          [(7) adopt an official seal, which shall be 
        judicially noticed;
          [(8) use the United States mails in the same manner 
        and under the same conditions as other departments and 
        agencies of the United States;
          [(9) hold such hearings as are necessary to determine 
        the views of interested parties and the general public; 
        and
          [(10) appoint advisory committees under the Federal 
        Advisory Committee Act (5 U.S.C. App.).

             [cooperation of other departments and agencies

    [Sec. 409. Each department, agency, and instrumentality of 
the United States, including any independent agency, may 
furnish the Negotiator such information as he determines to be 
necessary to carry out his functions under this title.

                       [termination of the office

    [Sec. 410. The Office shall cease to exist not later than 
30 days after the date 7 years after the date of the enactment 
of the Nuclear Waste Policy Amendments Act of 1987.

                    [authorization of appropriations

    [Sec. 411. Notwithstanding subsection (d) of section 302, 
and subject to subsection (e) of such section, there are 
authorized to be appropriated for expenditures from amounts in 
the Waste Fund established in subsection (c) of such section, 
such sums as may be necessary to carry out the provisions of 
this title.

             [TITLE V--NUCLEAR WASTE TECHNICAL REVIEW BOARD

                              [definitions

    [Sec. 501. As used in this title:
          [(1) The term ``Chairman'' means the Chairman of the 
        Nuclear Waste Technical Review Board.
          [(2) The term ``Board'' means the Nuclear Waste 
        Technical Review Board established under section 502.

                 [nuclear waste technical review board

    [Sec. 502. (a) Establishment.--There is established a 
Nuclear Waste Technical Review Board that shall be an 
independent establishment within the executive branch.
    [(b) Members.--(1) The Board shall consist of 11 members 
who shall be appointed by the President not later than 90 days 
after the date of the enactment of the Nuclear Waste Policy 
Amendments Act of 1987 from among persons nominated by the 
National Academy of Sciences in accordance with paragraph (3).
    [(2) The President shall designate a member of the Board to 
serve as chairman.
    [(3)(A) The National Academy of Sciences shall, not later 
than 90 days after the date of the enactment of the Nuclear 
Waste Policy Amendments Act of 1987, nominate not less than 22 
persons for appointment to the Board from among persons who 
meet the qualifications described in subparagraph (C).
    [(B) 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)(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 representative 
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 high-level radioactive 
        waste or spent nuclear fuel activities under contract 
        with the Department of Energy.
    [(4) Any vacancy on the Board shall be filled by the 
nomination and appointment process described in paragraphs (1) 
and (3).
    [(5) Members of the Board shall be appointed for terms of 4 
years, each such term to commence 120 days after the date of 
enactment of the Nuclear Waste Policy Amendments Act of 1987, 
\1\ 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.

                               [functions

    [Sec. 503. The Board shall evaluate the technical and 
scientific validity of activities undertaken by the Secretary 
after the date of the enactment of the Nuclear Waste Policy 
Amendments Act of 1987, including--
          [(1) site characterization activities; and
          [(2) activities relating to the packaging or 
        transportation of high-level radioactive waste or spent 
        nuclear fuel.

                         [investigatory powers

    [Sec. 504. (a) Hearings.--Upon request of the Chairman or a 
majority of the members of the Board, the Board may hold such 
hearings, sit and act at such times and places, take such 
testimony, and receive such evidence, as the Board considers 
appropriate. Any member of the Board may administer oaths or 
affirmations to witnesses appearing before the Board.
    [(b) Production of Documents.--(1) 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) 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.

                        [compensation of members

    [Sec. 505. (a) In General.--Each member of the Board shall 
be paid at the rate of pay payable for level III of the 
Executive Schedule for each day (including travel time) such 
member is engaged in the work of the Board.
    [(b) Travel Expenses.--Each member of the Board may receive 
travel expenses, including per diem in lieu of subsistence, in 
the same manner as is permitted under sections 5702 and 5703 of 
title 5, United States Code.

                                 [staff

    [Sec. 506. (a) Clerical Staff.--(1) Subject to paragraph 
(2), the Chairman may appoint and fix the compensation of such 
clerical staff as may be necessary to discharge the 
responsibilities of the Board.
    [(2) 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 53 of such title relating to classification and 
General Schedule pay rates.
    [(b) Professional Staff.--(1) Subject to paragraphs (2) and 
(3), the Chairman may appoint and fix the compensation of such 
professional staff as may be necessary to discharge the 
responsibilities of the Board.
    [(2) Not more than 10 professional staff members may be 
appointed under this subsection.
    [(3) 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.

                           [support services

    [Sec. 507. (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 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.

                                [report

    [Sec. 508. The Board shall report not less than 2 times per 
year to Congress and the Secretary its findings, conclusions, 
and recommendations. The first such report shall be submitted 
not later than 12 months after the date of the enactment of the 
Nuclear Waste Policy Amendments Act of 1987.

                    [authorization of appropriations

    [Sec. 509. Notwithstanding subsection (d) of section 302, 
and subject to subsection (e) of such section, there are 
authorized to be appropriated for expenditures from amounts in 
the Waste Fund established in subsection (c) of such section 
such sums as may be necessary to carry out the provisions of 
this title.

                       [termination of the Board

    [Sec. 510. The Board shall cease to exist not later than 1 
year after the date on which the Secretary begins disposal of 
high-level radioactive waste or spent nuclear fuel in a 
repository.]

SECTION 1. AMENDMENT OF 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 1995''.
  (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. Railroad.
Sec. 202. Transportation planning.
Sec. 203. Transportation requirements.
Sec. 204. Interim storage.
Sec. 205. Permanent disposal.
Sec. 206. Land withdrawal.
Sec. 207. Private storage facilities.

                  TITLE III--STATE AND LOCAL RELATIONS

Sec. 301. Financial assistance.
Sec. 302. State consultation.
Sec. 303. Benefits agreements.
Sec. 304. Content of agreements.
Sec. 305. Review panel.
Sec. 306. Consideration in siting facilities.
Sec. 307. Acceptance of benefits.
Sec. 308. Restriction on use of funds.

                   TITLE IV--FUNDING AND ORGANIZATION

Sec. 401. Program funding.
Sec. 402. Office of Civilian Radioactive Waste Management.
Sec. 403. Defense contribution.

              TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS

Sec. 501. Compliance with other laws.
Sec. 502. Effect on 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.

             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 by the 
        Secretary for acceptance of spent nuclear fuel and 
        high-level radioactive waste.
          (3) Affected Indian tribe.--The term ``affected 
        Indian tribe'' means any Indian tribe--
                  (A) within whose reservation boundaries the 
                interim storage facility or a repository for 
                spent nuclear fuel or high-level radioactive 
                waste, or both, is proposed to be located; or
                  (B) whose federally defined possessory or 
                usage rights to other lands outside of the 
                reservation's boundaries arising out of 
                congressionally ratified treaties may be 
                substantially and adversely affected by the 
                locating of such a facility if the Secretary of 
                the Interior finds, upon the petition of the 
                appropriate governmental officials of the 
                tribe, that such effects are both substantial 
                and adverse to the tribe.
          (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.
          (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 104 b. 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) Department.-- The term ``Department'' means the 
        Department of Energy.
          (9) 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.
          (10) 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.
          (11) Engineered barriers.--The term ``engineered 
        barriers'' and ``engineered systems and components,'' 
        means man made components of a disposal system. Such 
        term includes the spent nuclear fuel or high-level 
        radioactive waste form, spent nuclear fuel package or 
        high-level radioactive waste, and other materials 
        placed over and around such packages.
          (12) High-level radioactive waste.--The term ``high-
        level radioactive waste'' means--
                  (A) the highly radioactive material resulting 
                from the reprocessing of spent nuclear fuel, 
                including liquid waste produced directly in 
                reprocessing and any solid material derived 
                from such liquid waste that contains fission 
                products in sufficient concentrations; and
                  (B) other highly radioactive material that 
                the Commission, consistent with existing law, 
                determines by rule requires permanent 
                isolation.
          (13) Federal agency.--The term ``Federal agency'' 
        means any Executive agency, as defined in section 105 
        of title 5, United States Code.
          (14) 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)).
          (15) 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.
          (16) 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.
          (17) 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.
          (18) 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.
          (19) Metric tons uranium.--The terms ``metric tons 
        uranium'' and ``MTU'' means the amount of uranium in 
        the original unirradiated fuel element whether or not 
        the spent nuclear fuel has been reprocessed.
          (20) Nuclear Waste Fund.--The terms ``Nuclear Waste 
        Fund'' and ``waste fund'' mean the nuclear waste fund 
        established in the United States Treasury prior to the 
        date of enactment of this Act under section 302(c) of 
        the Nuclear Waste Policy Act of 1982.
          (21) 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.
          (22) Program approach.--The term ``program approach'' 
        means the Civilian Radioactive Waste Management Program 
        Plan, dated December 19, 1994, as modified by this Act, 
        and as amended from time to time by the Secretary in 
        accordance with this Act.
          (23) 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.
          (24) Secretary.--The term ``Secretary'' means the 
        Secretary of Energy.
          (25) Site characterization.--The term ``site 
        characterization'' means activities, whether in a 
        laboratory or in the field, undertaken to establish the 
        geologic condition and the ranges of the parameters of 
        a candidate site relevant to the location of a 
        repository, including borings, surface excavations, 
        excavations of exploratory facilities, limited 
        subsurface lateral excavations and borings, and in situ 
        testing needed to evaluate the licensability of a 
        candidate site for the location of a repository, but 
        not including preliminary borings and geophysical 
        testing needed to assess whether site characterization 
        should be undertaken.
          (26) 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.
          (27) 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.
          (28) 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 and 
        following).
          (29) 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.

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 January 31, 1998, it is necessary for 
        Congress to authorize the interim storage facility; and
          (4) deficit-control measures designed to limit 
        appropriation of general revenues have limited the 
        availability of the Nuclear Waste Fund for its intended 
        purposes.
  (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 or high-
        level radioactive waste for interim storage commencing 
        no later than January 31, 1998, 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 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 and any 
        necessary modifications to the transportation 
        infrastructure to ensure that the Secretary can 
        commence acceptance of spent nuclear fuel and high-
        level radioactive waste no later than January 31, 1998.

                          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 January 
31, 1998.
  (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 in accordance with title VII of this Act.

                 TITLE II--INTEGRATED MANAGEMENT SYSTEM

SEC. 201. RAILROAD.

  (a) Authorization.--The Secretary shall develop and commence 
operation of a rail spur originating in Lincoln County, Nevada, 
and terminating at the interim storage facility site. The 
Secretary shall acquire rights-of-way within the corridor 
designated in subsection (b) as provided in this section and 
shall construct and operate, or cause to be constructed and 
operated, a railroad and such facilities as are required to 
transport spent nuclear fuel and high-level radioactive waste 
from existing rail systems to the interim storage facility and 
the repository.
  (b) Route Designation.--
          (1) Rights-of-way and facilities.--The Secretary 
        shall acquire such rights-of-way and develop such 
        facilities within the corridor (referred to as the 
        ``Caliente Route'') depicted on the map dated July 28, 
        1995 and on file with the Secretary.
          (2) Recommendations.--The Secretary shall consider 
        specific alignment proposals for the Caliente Route 
        made by the State of Nevada and the units of local 
        government within whose jurisdiction passes such route.
          (3) Notice and description.--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 corridor; 
                and
                  (B) file copies of the map referred to in 
                paragraph (1) and the legal description of the 
                corridor with the Congress, the Secretary of 
                the Interior, the Governor of Nevada, the Board 
                of Lincoln County Commissioners, the Board of 
                Nye County Commissioners, and the Archivist of 
                the United States.
          (4) Construction.--The map and legal description 
        referred to in paragraph (2) shall have the same force 
        and effect as if they were included in this Act. The 
        Secretary may correct clerical and typographical errors 
        in the map and legal description and make minor 
        adjustments in the boundaries of the corridor.
  (c) Withdrawal and Reservation.--
          (1) Public lands.--Subject to valid existing rights, 
        the public lands depicted on such map are withdrawn 
        from all forms of entry, appropriation, and disposal 
        under the public land laws, including the mineral 
        leasing laws, the geothermal laws, the material sale 
        laws, and the mining laws.
          (2) Administrative jurisdiction.--Administrative 
        jurisdiction of such land is transferred from the 
        Secretary of the Interior to the Secretary.
          (3) Reservation.--Such lands are reserved for the use 
        of the Secretary for the construction and operation of 
        such transportation facilities and associated 
        activities under this title.
          (4) Memorandum of understanding.--The Secretary may 
        also enter into a Memorandum of Understanding with the 
        head of any other department having administrative 
        jurisdiction over other Federal lands used for purposes 
        of the corridor referred to in this section.
  (d) National Environmental Policy Act.--
          (1) Preliminary decisionmaking activities.--The 
        Secretary's activities in connection with the 
        designation of a route and the acquisition of rights-
        of-way under this section shall be considered 
        preliminary decisionmaking activities for purposes of 
        the National Environmental Policy Act of 1969. Such 
        activities 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)(C)), or any environmental review under 
        subparagraph (E) or (F) of section 102(2) of such Act, 
        and shall not be delayed pending completion of the 
        environmental impact statement required under paragraph 
        (2).
          (2) Transportation facilities.--Construction and 
        operation of transportation facilities within the 
        corridor shall constitute a major Federal action 
        significantly affecting the quality of the human 
        environment for purposes of the National Environmental 
        Policy Act of 1969. The Secretary shall prepare an 
        environmental impact statement on the construction and 
        operation of such facilities prior to commencement of 
        construction. In preparing such statement, the 
        Secretary shall adopt, to the extent practicable, 
        relevant environmental reports that have been developed 
        by other Federal and State agencies.
          (3) Considerations.--For purposes of complying with 
        the requirements of the National Environmental Policy 
        Act of 1969 and this section, the Secretary need not 
        consider the need for the development or improvement of 
        transportation facilities, the timing of the initial 
        availability of the transportation facilities, 
        alternative routes, or alternative means of 
        transportation.
  (e) Construction.--Notwithstanding any State or Federal 
statute, regulation or orders to the contrary, or the pendency 
of any judicial proceeding, the Secretary shall be authorized 
to commence construction of transportation facilities upon 
compliance with the requirements of subsections (a) through 
(d). No court shall have jurisdiction to enjoin the 
construction of the transportation facilities authorized by 
this section except upon its entry of a final order that the 
construction is not in accord with the provisions of applicable 
law.
  (f) Exemption.--Neither the Secretary nor any person 
constructing or operating railroad facilities under contract 
with the Secretary under this section shall be considered a 
rail carrier within the meaning of section 10102(22) of title 
49, United States Code, and shall not be subject to the 
jurisdiction of the Interstate Commerce Commission.
  (g) Intermodal Transfer.--
          (1) Before access.--Until such time as direct rail 
        access is available to the interim storage facility 
        site, the Secretary shall utilize heavy-haul truck 
        transport to move spent nuclear fuel and high-level 
        radioactive waste from the mainline rail line at 
        Caliente, Nevada, to the interim storage facility site.
          (2) Capability date.--The Secretary shall develop the 
        capability to commence rail to truck intermodal 
        transfer at Caliente, Nevada, no later than January 31, 
        1998.
          (3) Acquisitions.--The Secretary shall acquire lands 
        and rights-of-way necessary to commence intermodal 
        transfer at Caliente, Nevada.
          (4) 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 January 31, 1998.
          (5) Notice and map.--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 sites and 
                rights-of-way to be acquired under this 
                subsection; and
                  (B) file copies of a map of such sites and 
                rights-of-way with the Congress, the Secretary 
                of the Interior, the State of Nevada, the 
                Archivist of the United States, the Board of 
                Lincoln County Commissioners, the Board of Nye 
                County Commissioners, and the Caliente City 
                Council.
        Such map and legal description shall have the same 
        force and effect as if they were included in this Act. 
        The Secretary may correct clerical and typographical 
        errors and legal descriptions and make minor 
        adjustments in the boundaries.
          (6) Improvements.--The Secretary shall make 
        improvements to existing roadways selected for heavy-
        haul truck transport between Caliente, Nevada, and the 
        interim storage facility site as necessary to 
        facilitate year-round safe transport of spent nuclear 
        fuel and high-level radioactive waste.
  (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 shall take those 
actions that are necessary and appropriate to ensure that the 
Secretary is able to accept spent nuclear fuel and high-level 
radioactive waste beginning not later than January 31, 1998, 
and transport such fuel or waste to mainline transportation 
facilities. As soon as is practicable following the enactment 
of this Act, the Secretary shall analyze each specific reactor 
facility in the order of priority established in the acceptance 
schedule, and develop a logistical plan to assure the 
Secretary's ability to transport spent nuclear fuel and high-
level radioactive waste.
  (b) Transportation Planning.--In conjunction with the 
development of the logistical plan in accordance with 
subsection (a), the Secretary shall update and modify, as 
necessary, the Secretary's transportation institutional plans 
to ensure that institutional issues are addressed and resolved 
on a schedule to support the commencement of transportation of 
spent nuclear fuel and high-level radioactive waste to the 
interim storage facility no later than January 31, 1998. Among 
other things, such planning shall provide a schedule and 
process for addressing and implementing, as necessary, 
transportation routing plans, transportation contracting plans, 
transportation training in accordance with section 203, and 
transportation tracking programs.

SEC. 203. TRANSPORTATION REQUIREMENTS.

  (a) Package Certification.--No spent nuclear fuel or high-
level radioactive waste may be transported by or for the 
Secretary under this Act except in packages that have been 
certified for such purposes by the Commission.
  (b) State Notification.--The Secretary shall abide by 
regulations of the Commission regarding advance notification of 
State and local governments prior to transportation of spent 
nuclear fuel or high-level radioactive waste under this Act.
  (c) Technical Assistance.--The Secretary shall provide 
technical assistance and funds to States, affected units of 
local government, and Indian tribes through whose jurisdiction 
the Secretary plans to transport substantial amounts of spent 
nuclear fuel or high-level radioactive waste for training for 
public safety officials of appropriate units of local 
government. Training shall cover procedures required for safe 
routine transportation of these materials, as well as 
procedures for dealing with emergency response situations. The 
Secretary's duty to provide technical and financial assistance 
under this subsection shall be limited to amounts specified in 
annual appropriations.
  (d) Use of Private Carriers.--The Secretary, in providing for 
the transportation of spent nuclear fuel and high level 
radioactive waste under this Act, shall utilize by contract 
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.
  (e) Transfer of Title.--Acceptance by the Secretary of any 
spent nuclear fuel or high-level radioactive waste shall 
constitute a transfer of title to the Secretary.

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. The interim storage 
facility shall be subject to licensing pursuant to the Atomic 
Energy Act of 1954 in accordance with the Commission's 
regulations governing the licensing of independent spent fuel 
storage installations and shall commence operation in phases by 
January 31, 1998. The interim storage facility shall be 
designed to store spent nuclear fuel from civilian nuclear 
power reactors until the Secretary is able to transfer the 
spent fuel to the repository.
  (b) Design.--The design of the interim storage facility shall 
provide for the use of storage technologies licensed or 
certified by the Commission for use at the interim storage 
facility as necessary to ensure compatibility between the 
interim storage facility and contract holders' spent nuclear 
fuel and facilities, and to facilitate the Secretary's ability 
to meet the Secretary's obligations under this Act.
  (c) Licensing.--
          (1) Phases.--The interim storage facility shall be 
        licensed by the Commission in two phases in order to 
        commence operations no later than January 31, 1998.
          (2) First phase.--No later than 12 months after the 
        date of enactment of the Nuclear Waste Policy Act of 
        1995, the Secretary shall submit to the Commission an 
        application for a license for the first phase of the 
        interim storage facility. The license issued for the 
        first phase of the interim storage facility shall have 
        a term of 20 years. The interim storage facility 
        licensed in the first phase shall have a capacity of 
        not more than 10,000 MTU. The Commission shall issue a 
        final decision granting or denying the application for 
        the first phase license no later than 16 months from 
        the date of the submittal of the application for such 
        license.
          (3) Second phase.--The Secretary shall submit to the 
        Commission an application for a license for the second 
        phase interim storage facility. The license for the 
        second phase facility shall authorize a storage 
        capacity of 40,000 MTU. The license for the second 
        phase shall have an initial term of up to 100 years, 
        and shall be renewable for additional terms upon 
        application of the Secretary.
  (d) Additional Authority.--
          (1) Construction.--For the purpose of complying with 
        subsection (a), the Secretary may commence site 
        preparation for the interim storage facility as soon as 
        practicable after the date of enactment of the Nuclear 
        Waste Policy Act of 1995 and shall commence 
        construction of the first phase of the interim storage 
        facility subsequent to submittal of the license 
        application except that the Commission shall issue an 
        order suspending such construction at any time if the 
        Commission determines that such construction poses an 
        unreasonable risk to public health and safety or the 
        environment. The Commission shall terminate all or part 
        of such order upon a determination that the Secretary 
        has taken appropriate action to eliminate such risk.
          (2) Facility use.--Notwithstanding any otherwise 
        applicable licensing requirement, the Secretary may 
        utilize any facility owned by the Federal Government on 
        the date of enactment of the Nuclear Waste Policy Act 
        of 1995 and within the boundaries of the interim 
        storage facility site, in connection with an imminent 
        and substantial endangerment to public health and 
        safety at the interim storage facility prior to 
        commencement of operations during the second phase.
          (3) Acceptance of fuel and waste.--Once the Secretary 
        has achieved the spent nuclear fuel acceptance rate 
        provided by the schedule for contracts executed prior 
        to the date of enactment of Nuclear Waste Policy Act of 
        1995 under section 302(a) of the Nuclear Waste Policy 
        Act of 1982 the Secretary may accept--
                  (A) spent nuclear fuel or high-level 
                radioactive waste of domestic origin from 
                civilian nuclear power reactors which have 
                permanently ceased operation; and
                  (B) spent nuclear fuel from foreign research 
                reactors, as necessary to promote 
                nonproliferation objectives.
  (e) National Environmental Policy Act of 1969.--
          (1) Preliminary decisionmaking activities.--The 
        Secretary's activities under this section, including 
        the selection of a site for the interim storage 
        facility, the preparation and submittal of any license 
        application, and the construction and operation of any 
        facility shall be considered preliminary decisionmaking 
        activities for purposes of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.). No such 
        activity 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 require any environmental review 
        under subparagraph (E) or (F) of such Act.
          (2) Environmental impact statement.--
                  (A) Final decision.--A final decision of the 
                Commission to grant or deny a license 
                application for the first or second phase of 
                the interim storage facility shall be 
                accompanied by an Environmental Impact 
                Statement prepared under section 102(2)(C) of 
                the National Environmental Policy Act of 1969 
                (42 U.S.C. 4332(2)(C)). In preparing such 
                Environmental Impact Statement, the 
                Commission--
                          (i) shall assume that 40,000 MTU will 
                        be stored at the facility; and
                          (ii) shall analyze the impacts of the 
                        transportation of spent nuclear fuel 
                        and high-level radioactive waste to the 
                        interim storage facility in a generic 
                        manner.
                  (B) Considerations.--Such Environmental 
                Impact Statement shall not consider--
                          (i) the need for the interim storage 
                        facility, including any individual 
                        component thereof;
                          (ii) the time of the initial 
                        availability of the interim storage 
                        facility;
                          (iii) any alternatives to the storage 
                        of spent nuclear fuel and high-level 
                        radioactive waste at the interim 
                        storage facility;
                          (iv) any alternatives to the site of 
                        the facility as designated by the 
                        Secretary in accordance with subsection 
                        (a);
                          (v) any alternatives to the design 
                        criteria for such facility or any 
                        individual component thereof, as 
                        specified by the Secretary in the 
                        license application; or
                          (vi) the environmental impacts of the 
                        storage of spent nuclear fuel and high-
                        level radioactive waste at the interim 
                        storage facility beyond the initial 
                        term of the license or the term of the 
                        renewal period for which a license 
                        renewal application is made.
  (f) Judicial Review.--Judicial review of the Commission's 
environmental impact statement under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be 
consolidated with judicial review of the Commission's licensing 
decision. No court shall have jurisdiction to enjoin the 
construction or operation of the interim storage facility prior 
to its final decision on review of the Commission's licensing 
action.
  (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) Storage of Defense Material.--
          (1) Criteria.--The Commission shall establish 
        criteria for the issuance of an amendment to the 
        interim storage facility license authorizing storage of 
        spent nuclear fuel or high-level radioactive waste from 
        atomic energy defense activities in the interim storage 
        facility. The Secretary shall seek a license amendment 
        to allow for the storage of spent nuclear fuel or high-
        level radioactive waste from atomic energy defense 
        activities at the interim storage facility.
          (2) Acceptance of other fuel.--When the Secretary has 
        achieved the spent nuclear fuel acceptance rate 
        provided by the schedule for contracts executed under 
        section 302(a) of the Nuclear Waste Policy Act of 1982 
        before the date of enactment of the Nuclear Waste 
        Policy Act of 1995, the Secretary may accept spent 
        nuclear fuel or high-level radioactive waste resulting 
        from atomic energy defense activities.
  (i) 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 enactment of the Nuclear Waste Policy 
Act of 1995. 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.

SEC. 205. PERMANENT DISPOSAL.

  (a) Site Characterization.--
          (1) Guidelines.--The guidelines promulgated by the 
        Secretary and published at 10 CFR part 960 are annulled 
        and revoked and the Secretary shall make no assumptions 
        or conclusions about the licensability of the Yucca 
        Mountain site as a repository by reference to such 
        guidelines.
          (2) Site characterization activities.--The Secretary 
        shall carry out appropriate site characterization 
        activities at the Yucca Mountain site in accordance 
        with the Secretary's program approach to site 
        characterization if the Secretary modifies or 
        eliminates those site characterization activities 
        designed to demonstrate the suitability of the site 
        under the guidelines referenced in paragraph (1).
          (3) Date.--No later than December 31, 2001, the 
        Secretary shall apply to the Commission for 
        authorization to construct a repository that will 
        commence operations no later than January 17, 2010. If, 
        at any time prior to the filing of such application, 
        the Secretary determines that the Yucca Mountain site 
        cannot satisfy the Commission's regulations applicable 
        to the licensing of a geologic repository, the 
        Secretary shall terminate site characterization 
        activities at the site, notify Congress and the State 
        of Nevada of the Secretary's determination and the 
        reasons therefor, and recommend to Congress not later 
        than 6 months after such determination further actions, 
        including the enactment of legislation, that may be 
        needed to manage the Nation's spent nuclear fuel and 
        high-level radioactive waste.
          (4) Maximizing capacity.--In developing an 
        application for authorization to construct the 
        repository, the Secretary shall seek to maximize the 
        capacity of the repository.
  (b) Licensing.--Within one year of the date of enactment of 
the Nuclear Waste Policy Act of 1995, the Commission shall 
amend its regulations governing the disposal of spent nuclear 
fuel and high-level radioactive waste in geologic repositories 
to the extent necessary to comply with this Act. Subject to 
subsection (c), such regulations shall provide for the 
licensing of the repository according to the following 
procedures:
          (1) Construction authorization.--The Commission shall 
        grant the Secretary a construction authorization for 
        the repository upon determining that there is 
        reasonable assurance that spent nuclear fuel and high-
        level radioactive waste can be disposed of in the 
        repository--
                  (A) in conformity with the Secretary's 
                application, the provisions of this Act, and 
                the regulations of the Commission;
                  (B) without unreasonable risk to the health 
                and safety of the public; and
                  (C) consistent with the common defense and 
                security.
          (2) License.--Following substantial completion of 
        construction and the filing of any additional 
        information needed to complete the license application, 
        the Commission shall issue a license to dispose of 
        spent nuclear fuel and high-level radioactive waste in 
        the repository if the Commission determines that the 
        repository has been constructed and will operate--
                  (A) in conformity with the Secretary's 
                application, the provisions of this Act, and 
                the regulations of the Commission;
                  (B) without unreasonable risk to the health 
                and safety of the public; and
                  (C) consistent with the common defense and 
                security.
          (3) Closure.--After emplacing spent nuclear fuel and 
        high-level radioactive waste in the repository and 
        collecting sufficient confirmatory data on repository 
        performance to reasonably confirm the basis for 
        repository closure consistent with the Commission's 
        regulations applicable to the licensing of a 
        repository, as modified in accordance with this Act, 
        the Secretary shall apply to the Commission to amend 
        the license to permit permanent closure of the 
        repository. The Commission shall grant such license 
        amendment upon finding that there is reasonable 
        assurance that the repository can be permanently 
        closed--
                  (A) in conformity with the Secretary's 
                application to amend the license, the 
                provisions of this Act, and the regulations of 
                the Commission;
                  (B) without unreasonable risk to the health 
                and safety of the public; and
                  (C) consistent with the common defense and 
                security.
          (4) Post-closure.--The Secretary shall take those 
        actions necessary and appropriate at the Yucca Mountain 
        site to prevent any activity at the site subsequent to 
        repository closure that poses an unreasonable risk of--
                  (A) breaching the repository's engineered or 
                geologic barriers: or
                  (B) increasing the exposure of individual 
                members of the public to radiation beyond the 
                release standard established in subsection 
                (d)(1).
  (c) Modification of Repository Licensing Procedure.--The 
Commission's regulations shall provide for the modification of 
the repository licensing procedure, as appropriate, in the 
event that the Secretary seeks a license to permit the 
emplacement in the repository, on a retrievable basis, of only 
that quantity of spent nuclear fuel or high-level radioactive 
waste that is necessary to provide the Secretary with 
sufficient confirmatory data on repository performance to 
reasonably confirm the basis for repository closure consistent 
with applicable regulations.
  (d) Licensing Standards.--Notwithstanding any other provision 
of law, the Administrator of the Environmental Protection 
Agency shall not promulgate, by rule or otherwise, standards 
for protection of the public from releases of radioactive 
materials or radioactivity from the repository and any such 
standards existing on the date of enactment of the Nuclear 
Waste Policy Act of 1995 shall not be incorporated in the 
Commission's licensing regulations. The Commission's repository 
licensing determinations for the protection of the public shall 
be based solely on a finding whether the repository can be 
operated in conformance with the overall system performance 
standard established in paragraph (1)(A) and applied in 
accordance with the provisions of paragraph (1)(B). The 
Commission shall amend its regulations in accordance with 
subsection (b) to incorporate each of the following licensing 
standards:
          (1) Release standard.--
                  (A) Establishment of overall system 
                performance standard.--The standard for 
                protection of the public from release of 
                radioactive material or radioactivity from the 
                repository shall prohibit releases that would 
                expose an average member of the general 
                population in the vicinity of the Yucca 
                Mountain site to an annual dose in excess of 
                100 millirems unless the Commission determines 
                by rule that such standard would constitute an 
                unreasonable risk to health and safety and 
                establishes by rule another standard which will 
                protect health and safety. Such standard shall 
                constitute an overall system performance 
                standard.
                  (B) Application of overall system performance 
                standard.--The Commission shall issue the 
                license if it finds reasonable assurance that--
                          (i) for the first 1,000 years 
                        following the commencement of 
                        repository operations, the overall 
                        system performance standard will be met 
                        based on a deterministic or 
                        probabilistic evaluation of the overall 
                        performance of the disposal system; and
                          (ii) for the period commencing after 
                        the first 1,000 years of operation of 
                        the repository and terminating at 
                        10,000 years after the commencement of 
                        operation of the repository, there is 
                        likely to be compliance with the 
                        overall system performance standard 
                        based on regulatory insight gained 
                        through the use of a probabilistic 
                        integrated performance model that uses 
                        best estimate assumptions, data, and 
                        methods.
          (2) Human intrusion.--The Commission shall assume 
        that, following repository closure, the inclusion of 
        engineered barriers and the Secretary's post-closure 
        actions at the Yucca Mountain site, in accordance with 
        subsection (b)(3), shall be sufficient to--
                  (A) prevent any human activity at the site 
                that poses an unreasonable risk of breaching 
                the repository's engineered or geologic 
                barriers; and
                  (B) prevent any increase in the exposure of 
                individual members of the public to radiation 
                beyond allowable limits as specified in 
                paragraph (1).

  (e) National Environmental Policy Act.--

          (1) Submission of statement.--Construction and 
        operation of the repository shall be considered a major 
        Federal action significantly affecting the quality of 
        the human environment for purposes of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.). The Secretary shall submit an environmental 
        impact statement on the construction and operation of 
        the repository to the Commission with the application 
        for construction authorization.
          (2) Considerations.--For purposes of complying with 
        the requirements of the National Environmental Policy 
        Act of 1969 and this section, the Secretary shall not 
        consider in the environmental impact statement the need 
        for the repository, alternative sites or designs for 
        the repository, the time of the initial availability of 
        the repository, or any alternatives to the isolation of 
        spent nuclear fuel and high-level radioactive waste in 
        a repository.
          (3) Adoption by Commission.--The Secretary's 
        environmental impact statement and any supplements 
        thereto shall, to the extent practicable, be adopted by 
        the Commission in connection with the issuance by the 
        Commission of a construction authorization under 
        subsection (b)(1), a license under subsection (b)(2), 
        or a license amendment under subsection (b)(3). To the 
        extent such statement or supplement is adopted by the 
        Commission, such adoption shall be deemed to also 
        satisfy the responsibilities of the Commission under 
        the National Environmental Policy Act of 1969, and no 
        further consideration shall be required, except that 
        nothing in this subsection shall affect any independent 
        responsibilities of the Commission to protect the 
        public health and safety under the Atomic Energy Act of 
        1954. In any such statement prepared with respect to 
        the repository, the Commission shall not consider the 
        need for a repository, the time of initial availability 
        of the repository, alternate sites to the Yucca 
        Mountain site, or nongeologic alternatives to such 
        site.
  (f) Judicial Review.--No court shall have jurisdiction to 
enjoin issuance of the Commission repository licensing 
regulations prior to its final decision on review of such 
regulations.

SEC. 206. LAND WITHDRAWAL.

  (a) Withdrawal and Reservation.--
          (1) Withdrawal.--Subject to valid existing rights, 
        the interim storage facility site and the Yucca 
        Mountain site, as described in subsection (b), are 
        withdrawn from all forms of entry, appropriation, and 
        disposal under the public land laws, including the 
        mineral leasing laws, the geothermal leasing laws, the 
        material sale laws, and the mining laws.
          (2) Jurisdiction.--Jurisdiction of any land within 
        the interim storage facility site and the Yucca 
        Mountain site managed by the Secretary of the Interior 
        or any other Federal officer is transferred to the 
        Secretary.
          (3) Reservation.--The interim storage facility site 
        and the Yucca Mountain site are reserved for the use of 
        the Secretary for the construction and operation, 
        respectively, of the interim storage facility and the 
        repository and activities associated with the purposes 
        of this title.
  (b) Land Description.--
          (1) Boundaries.--The boundaries depicted on the map 
        entitled ``Interim Storage Facility Site Withdrawal 
        Map,'' dated 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 the Nuclear Waste Policy Act of 1995, 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. 207. PRIVATE STORAGE FACILITIES.

  (a) Commission Action.--Upon application by one or more 
private entities for a license for an independent spent fuel 
storage installation not located at the site of a civilian 
nuclear power reactor, the Commission shall review such license 
applications and issue a license for one or more such 
facilities at the earliest practicable date, to the extent 
permitted by the applicable provisions of law and regulation.
  (b) Secretary's Actions.--The Secretary shall encourage 
efforts to develop private facilities for the storage of spent 
nuclear fuel by providing any requested information and 
assistance, as appropriate, to the developers of such 
facilities and to state and local governments and Indian Tribes 
within whose jurisdictions such facilities may be located, and 
shall cooperate with the developers of such facilities to 
facilitate compatibility between such facilities and the 
integrated management system.
  (c) Obligation.--The Secretary shall satisfy the Secretary's 
obligations under this Act notwithstanding the development of 
private facilities for the storage of spent nuclear fuel or 
high-level radioactive waste.

                  TITLE III--STATE AND LOCAL RELATIONS

SEC. 301. FINANCIAL ASSISTANCE.

  (a) Payments.--The Secretary shall make payments to the State 
of Nevada and any affected unit of local government for 
purposes of enabling such State 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 such State, or 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 Nevada residents 
        regarding any activities of such State, 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 the State of Nevada or any 
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 shall offer 
        to provide financial and technical assistance to the 
        State of Nevada, and any affected unit of local 
        government requesting such assistance. Such assistance 
        shall be designed to mitigate the impact on such State 
        or affected unit of local government of the development 
        of the integrated management system.
          (2) Report.--The State of Nevada and any 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 shall grant to the State of Nevada and any 
        affected unit of local government an amount each fiscal 
        year equal to the amount such State or affected unit of 
        local government, respectively, would receive if 
        authorized to tax integrated management system 
        activities, as such State or affected unit of local 
        government taxes the non-Federal real property and 
        industrial activities occurring within such State or 
        affected unit of local government.
          (2) Termination.--Such assistance shall continue 
        until such time as all such activities, development, 
        and operations are terminated at the Yucca Mountain 
        site.
          (3) Assistance to Nevada and Units of Local 
        Government.--
                  (A) Period.--The State of Nevada or any 
                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 
                Governor and legislature of the State of Nevada 
                of the termination of the operation of the 
                integrated management system.
                  (B) Activities.--The State of Nevada or any 
                affected unit of local government may not 
                receive any further assistance under this 
                section if the integrated management system 
                activities at such site are terminated by the 
                Secretary or if such activities are permanently 
                enjoined by any court.

SEC. 302. STATE CONSULTATION.

  (a) Provision of Information.--
          (1) Timely and complete information.--The Secretary, 
        the Commission, and other agencies involved in the 
        construction, operation, or regulation of any aspect of 
        the integrated management system in the State of Nevada 
        shall provide to the Governor and legislature of the 
        State of Nevada timely and complete information 
        regarding determinations or plans made with respect to 
        the site characterization siting, development, design, 
        licensing, construction, operation, regulation, or 
        decommissioning of facilities associated with the 
        integrated management system.
          (2) Written response.--Upon written request for such 
        information by the Governor or legislature of the State 
        of Nevada, the Secretary shall provide a written 
        response to such request within 30 days of the receipt 
        of such request. Such response shall provide the 
        information requested or, in the alternative, the 
        reasons why the information cannot be so provided. If 
        the Secretary fails to so respond within such 30 days, 
        the Governor or legislature may transmit a formal 
        written objection to such failure to respond to the 
        President. If the President or Secretary fails to 
        respond to such written request within 30 days of the 
        receipt by the President of such formal written 
        objection, the Secretary shall immediately suspend all 
        activities in the State of Nevada authorized by this 
        Act, and shall not renew such activities until the 
        Governor or legislature has received the written 
        response to such written request required by this 
        subsection.
  (b) Consultation and Cooperation.--The Secretary shall 
consult and cooperate with the Governor and legislature of the 
State of Nevada and with the Board of Nye County Commissioners 
in an effort to resolve concerns regarding the public health 
and safety, environmental, and economic impacts of any 
activities authorized by this Act. In carrying out the 
Secretary's duties under this Act, the Secretary shall take 
such concerns into account to the maximum extent feasible and 
as specified in written agreements entered into under this 
section.
  (c) Continuation.--Written agreements established under 
section 117(c) of the Nuclear Waste Policy Act of 1982 as 
constituted prior to the date of enactment of the Nuclear Waste 
Policy Act of 1995, shall continue in effect subsequent to the 
date of enactment of the Nuclear Waste Policy Act of 1995.
  (d) On-Site Representative.--The Secretary shall offer to the 
State of Nevada and Nye County, Nevada, an opportunity to 
designate a representative to conduct on-site oversight 
activities at such site. Reasonable expenses of such 
representatives shall be paid by the Secretary.

SEC. 303. BENEFITS AGREEMENTS.

  (a) In General.--
          (1) separate agreements.--The Secretary shall offer 
        to enter into separate agreements with the State of 
        Nevada, Nye County, Nevada, and Lincoln County, Nevada, 
        concerning the integrated management system.
          (2) Agreement with Nevada.--Any agreement with the 
        State of Nevada under this section shall be negotiated 
        in consultation with any affected units of local 
        government in the State.
          (3) Agreement content.--Any agreement shall contain 
        such terms and conditions, including such financial and 
        institutional arrangements, as the Secretary and 
        agreement entity determine to be reasonable and 
        appropriate and shall contain such provisions as are 
        necessary to preserve any right to participation or 
        compensation of the State of Nevada or affected units 
        of local government, 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 the State of 
Nevada, 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.--In addition to the benefits to which 
        the State of Nevada or affected units of local 
        government are entitled under this title, the Secretary 
        shall make payments to the party of a benefits 
        agreement in accordance with the following schedule:

                            BENEFITS SCHEDULE                           
                          [Amounts in millions]                         
------------------------------------------------------------------------
                       Event                          State      County 
------------------------------------------------------------------------
(A) Annual payments prior to first receipt of fuel        $5        $2.5
(B) Upon first spent fuel receipt.................        $10       $5  
(C) Annual payments after first spent fuel receipt                      
 until closure of facility........................        $10       $5  
------------------------------------------------------------------------

          (2) Definitions.--For purposes of this section, the 
        term--
                  (A) ``spent fuel'' means high-level 
                radioactive waste or spent nuclear fuel; and
                  (B) ``first spent fuel receipt'' does not 
                include receipt of spent fuel or high-level 
                radioactive waste for purposes of testing or 
                operational demonstration.
          (3) Annual payments.--Annual payments prior to first 
        spent fuel receipt under paragraph (1)(A) shall be made 
        on the date of execution of the benefits agreement and 
        thereafter on the anniversary date of such execution. 
        Annual payments after the first spent fuel receipt 
        until closure of the facility under paragraph (1)(C) 
        shall be made on the anniversary date of such first 
        spent fuel receipt.
          (4) Reduction.--If the first spent fuel payment under 
        paragraph (1)(B) is made within 6 months after the last 
        annual payment prior to the receipt of spent fuel under 
        paragraph (1)(A), such first spent fuel payment under 
        paragraph (1)(B) shall be reduced by an amount equal to 
        \1/12\ of such annual payment under paragraph (1)(A) 
        for each full month less than 6 that has not elapsed 
        since the last annual payment under paragraph (1)(A).
          (5) Lincoln County.--At the conclusion of the 15-year 
        period after the Secretary's first payment to Lincoln 
        County, Nevada, under the benefits schedule in 
        paragraph (1), the payment of funds to such county 
        shall terminate. Such funding as would have been 
        allocated to Lincoln County shall be incorporated into 
        the payment to the State of Nevada under the benefits 
        schedule. Any benefits agreement with the State of 
        Nevada shall be modified to reflect the requirements of 
        paragraph (7).
          (6) Restriction.--Except as provided in paragraph 
        (7), the Secretary may not restrict the purposes for 
        which the payments under this section may be used.
          (7) Transfers.--
                  (A) Units of local government.--Any State 
                receiving a payment under this section shall 
                transfer an amount equal to not less than \1/3\ 
                of the amount of such payment to affected units 
                of local government of such State.
                  (B) Plan.--A plan for this transfer and 
                appropriate allocation of such portion among 
                such governments shall be included in the 
                benefits agreement under section 303 covering 
                such payments.
                  (C) Dispute.--In the event of a dispute 
                concerning such plan or transfer, the Secretary 
                shall resolve such dispute, consistent with 
                this Act and applicable State law.
  (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;
          (2) the State or 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; and
          (3) the State or affected unit of local government 
        may waive its rights, if any, to impact assistance 
        under sections 301(a) and 301(c).
  (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. REVIEW PANEL.

  (a) In General.--There shall be established a Review Panel 
consisting of 7 members as follows:
          (1) 1 member selected by the Governor of the State of 
        Nevada.
          (2) 2 members selected by affected units of local 
        government.
          (3) 1 member selected by the Board of Nye County 
        Commissioners.
          (4) 1 member selected by the Board of Lincoln County 
        Commissioners.
          (5) 1 member to represent persons paying fees under 
        section 401, to be selected by the Secretary.
          (6) 1 member to represent other public interests, to 
        be selected by the Secretary.
  (b) Chairman.--The chairman of the Review Panel shall be 
selected by the Review Panel from its members.
  (c) Terms.--
          (1) Members.--The members of the Review Panel shall 
        serve for terms of 4 years each.
          (2) Per diem.--Members of the Review Panel who are 
        not full-time employees of the Federal Government, 
        shall receive a per diem compensation for each day 
        spent conducting work of the Review Panel, including 
        their necessary travel or other expenses while engaged 
        in the work of the Review Panel.
          (3) Expenses.--Expenses of the Panel shall be paid by 
        the Secretary.
  (d) Duties.--The Review Panel shall--
          (1) advise the Secretary on matters relating to the 
        integrated management system including issues relating 
        to design, construction, operation, and decommissioning 
        of the system;
          (2) evaluate performance of the integrated management 
        system as it considers appropriate;
          (3) recommend corrective actions to the Secretary;
          (4) assist in the presentation of State and local 
        perspectives to the Secretary; and
          (5) participate in the planning for and the review of 
        preoperational data on environmental, demographic, and 
        socioeconomic conditions of the site and the local 
        community.
  (e) Information.--The Secretary shall make available promptly 
any information in the Secretary's possession requested by the 
Panel or its Chairman.
  (f) Federal Advisory Committee Act.--The requirements of the 
Federal Advisory Committee Act shall not apply to a Review 
Panel established under this title.

SEC. 306. CONSIDERATION IN SITING FACILITIES.

  The Secretary, in siting Federal research projects, shall 
give special consideration to proposals from the State of 
Nevada.

SEC. 307. ACCEPTANCE OF BENEFITS.

  (a) Consent.--The acceptance or use of any of the benefits 
provided under this title, by the State of Nevada or any 
affected unit of local government thereof, shall not be deemed 
to be an expression of consent, express, or denied, either 
under the Constitution of the State 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, 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 governmental unit 
thereof, premised solely upon the acceptance or use of benefits 
under this title.

SEC. 308. 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 matter pending before Congress or a State 
        legislature or for any lobbying activity as provided in 
        section 1913 of title 18, United States Code;
          (2) for litigation purposes; and
          (3) to support multistate efforts or other coalition-
        building activities inconsistent with the purposes of 
        this Act.

                   TITLE IV--FUNDING AND ORGANIZATION

SEC. 401. PROGRAM FUNDING.

  (a) Contracts.--
          (1) Authority of secretary.--In the performance of 
        the Secretary's functions under this Act, the Secretary 
        is authorized to enter into contracts with any person 
        who generates or holds title to spent nuclear fuel or 
        high-level radioactive waste of domestic origin for the 
        acceptance of title and possession, transportation, 
        interim storage, and disposal of such waste or spent 
        fuel. Such contracts shall provide for the payment of 
        annual fees pursuant to paragraphs (2) and (3). Fees 
        assessed pursuant to this paragraph shall be paid to 
        the Treasury of the United States and shall be 
        available for use by the Secretary pursuant to this 
        section until expended.
          (2) Annual fees.--
                  (A) Electricity.--For electricity generated 
                by civilian nuclear power reactors and sold on 
                or after the date of enactment of the Nuclear 
                Waste Policy Act of 1995, the aggregate amount 
                of the fees collected during each fiscal year 
                shall be no greater than the annual level of 
                appropriations for expenditures on those 
                activities consistent with subsection (d) for 
                that fiscal year, minus--
                          (i) any unobligated balance collected 
                        pursuant to this section during the 
                        previous fiscal year; and
                          (ii) the percentage of such 
                        appropriations required to be funded by 
                        the Federal Government pursuant to 
                        section 403.
                The Secretary shall determine the level of the 
                annual fee for each civilian nuclear power 
                reactor based on the amount of electricity 
                generated and sold, except that for the period 
                commencing with fiscal year 1997 and continuing 
                through fiscal year 2010, the average annual 
                fee collected under this subparagraph shall not 
                exceed 1.0 mill per kilowatt-hour generated and 
                sold and for the period commencing after fiscal 
                year 2010, the annual fee collected under this 
                subparagraph shall not exceed 1.0 mill per 
                kilowatt hour generated and sold. 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.
                  (B) Expenditures if shortfall.--If, during 
                any fiscal year, the aggregate amount of fees 
                assessed pursuant to subparagraph (A) is less 
                than the annual level of appropriations for 
                expenditures on those activities specified in 
                subsection (d) for that fiscal year, minus--
                          (i) any unobligated balance collected 
                        pursuant to this section during the 
                        previous fiscal year; and
                          (ii) the percentage of such 
                        appropriations required to be funded by 
                        the Federal Government pursuant to 
                        section 403,
                the Secretary may make expenditures from the 
                Nuclear Waste Fund up to the level of the fees 
                assessed.
                  (C) Rules.--The Secretary shall, by rule, 
                establish procedures necessary to implement 
                this paragraph.
          (3) One-time fee.--The one-time fee collected under 
        contracts executed under section 302(a) of the Nuclear 
        Waste Policy Act of 1982 after the date of enactment of 
        the Nuclear Waste Policy Act of 1995 on spent nuclear 
        fuel, or high-level radioactive waste derived from 
        spent nuclear fuel, which fuel was used to generate 
        electricity in a civilian nuclear power reactor before 
        April 7, 1983, shall be paid to the Treasury. In paying 
        such a fee, the person delivering such spent nuclear 
        fuel or high-level radioactive wastes derived 
        therefrom, to the Secretary shall have no further 
        financial obligation to the Federal Government for the 
        long-term storage and permanent disposal of such spent 
        nuclear fuel or high-level radioactive waste.
  (b) Advance Contracting Requirement.--
          (1) In general.--
                  (A) License issuance and renewal.--The 
                Commission shall not issue or renew a license 
                to any person to use a utilization or 
                production facility under the authority of 
                section 103 or 104 of the Atomic Energy Act of 
                1954 (42 U.S.C. 2133, 2134) unless--
                          (i) such person has entered into a 
                        contract under subsection (a) with the 
                        Secretary; or
                          (ii) the Secretary affirms in writing 
                        that such person is actively and in 
                        good faith negotiating with the 
                        Secretary for a contract under this 
                        section.
                  (B) Precondition.--The Commission, as it 
                deems necessary or appropriate, may require as 
                a precondition to the issuance or renewal of a 
                license under section 103 or 104 of the Atomic 
                Energy Act of 1954 (42 U.S.C. 2133, 2134) that 
                the applicant for such license shall have 
                entered into an agreement with the Secretary 
                for the disposal of spent nuclear fuel and 
                high-level radioactive waste that may result 
                from the use of such license.
          (2) Disposal in repository.--Except as provided in 
        paragraph (1), no spent nuclear fuel or high-level 
        radioactive waste generated or owned by any person 
        (other than a department of the United States referred 
        to in section 101 or 102 of title 5, United States 
        Code) may be disposed of by the Secretary in the 
        repository unless the generator or owner of such spent 
        fuel or waste has entered into a contract under 
        subsection (a) with the Secretary by not later than the 
        date on which such generator or owner commences 
        generation of, or takes title to, such spent fuel or 
        waste.
          (3) Assignment.--The rights and duties of a party to 
        a contract entered into under this section may be 
        assignable with transfer of title to the spent nuclear 
        fuel or high-level radioactive waste involved.
          (4) Disposal condition.--No spent nuclear fuel or 
        high-level radioactive waste generated or owned by any 
        department of the United States referred to in section 
        101 or 102 of title 5, United States Code, may be 
        stored or disposed of by the Secretary at the interim 
        storage facility or repository in the integrated 
        management system developed under this Act unless, each 
        fiscal year, such department funds its appropriate 
        portion of the costs of such storage and disposal as 
        specified in section 403.
  (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) all receipts, proceeds, and recoveries 
                realized by the Secretary before the date of 
                enactment of the Nuclear Waste Policy Act of 
                1995; and
                  (B) any appropriations made by the Congress 
                before the date of enactment of the Nuclear 
                Waste Policy Act of 1995 to the Nuclear Waste 
                Fund.
          (2) Use.--The Nuclear Waste Fund shall be used only 
        for purposes of the integrated management system.
          (3) Administration of nuclear waste fund.--
                  (A) In general.--The Secretary of the 
                Treasury shall hold the Nuclear Waste Fund and, 
                after consultation with the Secretary, annually 
                report to the Congress on the financial 
                condition and operations of the Nuclear Waste 
                Fund during the preceding fiscal year.
                  (B) Amounts in excess of current needs.--If 
                the Secretary determines that the Nuclear Waste 
                Fund contains at any time amounts in excess of 
                current needs, the Secretary may request the 
                Secretary of the Treasury to invest such 
                amounts, or any portion of such amounts as the 
                Secretary determines to be appropriate, in 
                obligations of the United States--
                          (i) having maturities determined by 
                        the Secretary of the Treasury to be 
                        appropriate to the needs of the Nuclear 
                        Waste Fund; and
                          (ii) bearing interest at rates 
                        determined to be appropriate by the 
                        Secretary of the Treasury, taking into 
                        consideration the current average 
                        market yield on outstanding marketable 
                        obligations of the United States with 
                        remaining periods to maturity 
                        comparable to the maturities of such 
                        investments, except that the interest 
                        rate on such investments shall not 
                        exceed the average interest rate 
                        applicable to existing borrowings.
                  (C) Exemption.--Receipts, proceeds, and 
                recoveries realized by the Secretary under this 
                section, and expenditures of amounts from the 
                Nuclear Waste Fund, shall be exempt from annual 
                apportionment under the provisions of 
                subchapter II of chapter 15 of title 31, United 
                States Code.
  (d) Use of Appropriated Funds.--During each fiscal year, the 
Secretary may make expenditures of funds collected after the 
date of enactment of the Nuclear Waste Policy Act of 1995 under 
this section and section 403, up to the level of appropriations 
for that fiscal year pursuant to subsection (f) 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, either 
directly or indirectly, to design or construct systems and 
components for the transportation, storage, or disposal of 
spent nuclear fuel from civilian nuclear power reactors.
  (f) Appropriations.--
          (1) Budget.--The Secretary shall submit the budget 
        for implementation of the Secretary's responsibilities 
        under this Act to the Office of Management and Budget 
        triennially along with the budget of the Department of 
        Energy submitted at such time in accordance with 
        chapter 11 of title 31, United States Code. The budget 
        shall consist of the estimates made by the Secretary of 
        expenditures under this Act and other relevant 
        financial matters for the succeeding 3 fiscal years, 
        and shall be included in the budget of the United 
        States Government.
          (2) Appropriations.--Appropriations shall be subject 
        to triennial authorization. During each fiscal year, 
        the Secretary may make expenditures, up to the level of 
        appropriations, out of the funds collected pursuant to 
        this section and section 403, if the Secretary 
        transmits the amounts appropriated for implementation 
        of this Act to the Commission and the Nuclear Waste 
        Technical Review Board in appropriate proportion to the 
        collection of such funds.

SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT.

  (a) Continuation of Office of Civilian Radioactive Waste 
Management.--The Office of Civilian Radioactive Waste 
Management established under section 304(a) of the Nuclear 
Waste Policy Act of 1982 as constituted prior to the date of 
enactment of the Nuclear Waste Policy Act of 1995, shall 
continue in effect subsequent to the date of enactment of the 
Nuclear Waste Policy Act of 1995.
  (b) Functions of Director.--The Director of the Office shall 
be responsible for carrying out the functions of the Secretary 
under this Act, subject to the general supervision of the 
Secretary. The Director of the Office shall be directly 
responsible to the Secretary.

SEC. 403. DEFENSE CONTRIBUTION.

  (a) Allocation.--No later than one year from the date of 
enactment of the Nuclear Waste Policy Act of 1995, acting 
pursuant to section 553 of title 5, United States Code, the 
Secretary shall issue a final rule establishing the appropriate 
portion of the costs of managing spent nuclear fuel and high-
level radioactive waste under this Act allocable to the interim 
storage or permanent disposal of spent nuclear fuel and high-
level radioactive waste from atomic energy defense activities. 
The share of costs allocable to the management of spent nuclear 
fuel and high-level radioactive waste from atomic energy 
defense activities shall include--
          (1) an appropriate portion of the costs associated 
        with research and development activities with respect 
        to development of the 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 atomic energy 
defense activities as established under subsection (a).
  (c) Report.--In conjunction with the annual report submitted 
to Congress under section 702, the Secretary shall advise the 
Congress annually of the amount of spent nuclear fuel and high-
level radioactive waste from atomic energy defense activities 
requiring management in the integrated management system.
  (d) Authorization.--There is authorized to be appropriated to 
the Secretary, from general revenues, for carrying out the 
purposes of this Act, such sums as may be necessary to pay the 
costs of the management of spent nuclear fuel and high-level 
radioactive waste from atomic energy defense activities as 
established under subsection (a).

             TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS

SEC. 501. COMPLIANCE WITH OTHER LAWS.

  If the requirements of any law are inconsistent with or 
duplicative of the requirements of the Atomic Energy Act and 
this Act, the Secretary shall comply only with the requirements 
of the Atomic Energy Act and this Act in implementing the 
integrated management system. Any requirement of a State or 
political subdivision of a State is preempted if--
          (1) complying with such requirement and a requirement 
        of this Act is impossible; or
          (2) such requirement, as applied or enforced, is an 
        obstacle to accomplishing or carrying out this Act or a 
        regulation under this Act.

SEC. 502. EFFECT ON WATER RIGHTS.

  The Secretary shall give full consideration whether the 
implementation of this Act may require any purchase or other 
acquisition of water rights that will have a significant 
adverse effect on the present or future development of any area 
in Nevada. The Secretary shall mitigate any such adverse 
effects to the maximum extent practicable.

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 
                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 he did not know of the 
decision or action complained of (or of the failure to act), 
and that a reasonable person acting under the circumstances 
would not have known, such party may bring a civil action no 
later than 180 days after the date such party acquired actual 
or constructive knowledge or such decision, action, or failure 
to act.
  (c) Application of Other Law.--The provisions of this section 
relating to any matter shall apply in lieu of the provisions of 
any other Act relating to the same matter.

SEC. 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 transshipment of spent nuclear 
fuel to another civilian nuclear power reactor within the same 
utility system, the construction of additional spent nuclear 
fuel pool capacity or dry storage capacity, or by other means, 
the Commission shall, at the request of any party, provide an 
opportunity for oral argument with respect to any matter which 
the Commission determines to be in controversy among the 
parties. The oral argument shall be preceded by such discovery 
procedures as the rules of the Commission shall provide. The 
Commission shall require each party, including the Commission 
staff, to submit in written form, at the time of the oral 
argument, a summary of the facts, data, and arguments upon 
which such party proposes to rely that are known at such time 
to such party. Only facts and data in the form of sworn 
testimony or written submission may be relied upon by the 
parties during oral argument. Of the materials that may be 
submitted by the parties during oral argument, the Commission 
shall only consider those facts and data that are submitted in 
the form of sworn testimony or written submission.
  (b) Adjudicatory Hearing.--
          (1) Designation.--At the conclusion of any oral 
        argument under subsection (a), the Commission shall 
        designate any disputed question of fact, together with 
        any remaining questions of law, for resolution in an 
        adjudicatory hearing only if it determines that--
                  (A) there is a genuine and substantial 
                dispute of fact which can only be resolved with 
                sufficient accuracy by the introduction of 
                evidence in an adjudicatory hearing; and
                  (B) the decision of the Commission is likely 
                to depend in whole or in part on the resolution 
                of such dispute.
          (2) Determination.--In making a determination under 
        this subsection, the Commission--
                  (A) shall designate in writing the specific 
                facts that are in genuine and substantial 
                dispute, the reason why the decision of the 
                agency is likely to depend on the resolution of 
                such facts, and the reason why an adjudicatory 
                hearing is likely to resolve the dispute; and
                  (B) shall not consider--
                          (i) any issue relating to the design, 
                        construction, or operation of any 
                        civilian nuclear power reactor already 
                        licensed to operate at such site, or 
                        any civilian nuclear power reactor to 
                        which a construction permit has been 
                        granted at such site, unless the 
                        Commission determines that any such 
                        issue substantially affects the design, 
                        construction, or operation of the 
                        facility or activity for which such 
                        license application, authorization, or 
                        amendment is being considered; or
                          (ii) any siting or design issue fully 
                        considered and decided by the 
                        Commission in connection with the 
                        issuance of a construction permit or 
                        operating license for a civilian 
                        nuclear power reactor at such site, 
                        unless--
                                  (I) such issue results from 
                                any revision of siting or 
                                design criteria by the 
                                Commission following such 
                                decision; and
                                  (II) the Commission 
                                determines that such issue 
                                substantially affects the 
                                design, construction, or 
                                operation of the facility or 
                                activity for which such license 
                                application, authorization, or 
                                amendment is being considered.
          (3) Application.--The provisions of paragraph (2)(B) 
        shall apply only with respect to licenses, 
        authorizations, or amendments to licenses or 
        authorizations, applied for under the Atomic Energy Act 
        of 1954 (42 U.S.C. 2011 et seq.) before December 31, 
        2005.
          (4) Construction.--The provisions of this section 
        shall not apply to the first application for a license 
        or license amendment received by the Commission to 
        expand onsite spent fuel storage capacity by the use of 
        a new technology not previously approved for use at any 
        nuclear power plant by the Commission.
  (c) Judicial Review.--No court shall hold unlawful or set 
aside a decision of the Commission in any proceeding described 
in subsection (a) because of a failure by the Commission to use 
a particular procedure pursuant to this section unless--
          (1) an objection to the procedure used was presented 
        to the Commission in a timely fashion or there are 
        extraordinary circumstances that excuse the failure to 
        present a timely objection; and
          (2) the court finds that such failure has precluded a 
        fair consideration and informed resolution of a 
        significant issue of the proceeding taken as a whole.

SEC. 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 acceptance schedule shall be implemented in accordance 
with the following:
          (1) Acceptance priority ranking shall be determined 
        by the Department's annual ``Acceptance Priority 
        Ranking'' report.
          (2) The Secretary's spent fuel acceptance rate shall 
        be no less than the following: 1,200 MTU in 1998 and 
        1,200 MTU in 1999; 2,000 MTU in 2000 and 2,000 MTU in 
        2001; 2,700 MTU in 2002; and 3,000 MTU thereafter.
          (3) If the Secretary is unable to begin acceptance by 
        January 31, 1998 at the rates 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 acceptance rate specified in 
        paragraph (2), the acceptance schedule shall 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 began acceptance in 1998, and
                  (B) thereafter the acceptance rate is 
                equivalent to the rate that would be in place 
                pursuant to paragraph (2) above if the 
                Secretary had commenced acceptance in 1998.
          (4) The acceptance schedule shall not be affected or 
        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.

             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 the Nuclear Waste 
Policy Act of 1995, shall continue in effect subsequent to the 
date of enactment of the Nuclear Waste Policy Act of 1995.
  (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.

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 request of the Chairman or a majority of 
the members of the Board, the Board may hold such hearings, sit 
and act at such times and places, take such testimony, and 
receive such evidence, as the Board considers appropriate. Any 
member of the Board may administer oaths or affirmations to 
witnesses appearing before the Board.
  (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 be paid at 
the rate of pay payable for level III of the Executive Schedule 
for each day (including travel time) such member is engaged in 
the work of the Board.
  (b) Travel Expenses.--Each member of the Board may receive 
travel expenses, including per diem in lieu of subsistence, in 
the same manner as is permitted under sections 5702 and 5703 of 
title 5, United States Code.

SEC. 606. STAFF.

  (a) Clerical Staff.--
          (1) Authority of Chairman.--Subject to paragraph (2), 
        the Chairman may appoint and fix the compensation of 
        such clerical staff as may be necessary to discharge 
        the responsibilities of the Board.
          (2) Provisions of title 5.--Clerical staff shall be 
        appointed subject to the provisions of title 5, United 
        States Code, governing appointments in the competitive 
        service, and shall be paid in accordance with the 
        provisions of chapter 51 and subchapter III of chapter 
        3 of such title relating to classification and General 
        Schedule pay rates.
  (b) Professional Staff.--
          (1) Authority of Chairman.--Subject to paragraphs (2) 
        and (3), the Chairman may appoint and fix the 
        compensation of such professional staff as may be 
        necessary to discharge the responsibilities of the 
        Board.
          (2) Number.--Not more than 10 professional staff 
        members may be appointed under this subsection.
          (3) Title 5.--Professional staff members may be 
        appointed without regard to the provisions of title 5, 
        United States Code, governing appointments in the 
        competitive service, and may be paid without regard to 
        the provisions of chapter 51 and subchapter III of 
        chapter 53 of such title relating to classification and 
        General Schedule pay rates, except that no individual 
        so appointed may receive pay in excess of the annual 
        rate of basic pay payable for GS-18 of the General 
        Schedule.

SEC. 607. SUPPORT SERVICES.

  (a) General Services.--To the extent permitted by law and 
requested by the Chairman, the Administrator of General 
Services shall provide the Board with necessary administrative 
services, facilities, and support on a reimbursable basis.
  (b) Accounting, Research, and Technology Assessment 
Services.--The Comptroller General, 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 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 practicable, in like manner as 
a private business. Notwithstanding any other provision of law, 
the civilian radioactive waste management program is not 
subject to laws or regulations concerning the civil service as 
described in this title.
  (b) Office of Civilian Radioactive Waste Management 
Employees.--
          (1) Compensation.--The Secretary shall, without 
        regard to section 5301 of title 5, United States Code, 
        fix the compensation of the Director and the Deputy 
        Director of the Office of Civilian Radioactive Waste 
        Management. The Director shall, without regard to 
        section 5301 of title 5, United States Code, fix the 
        compensation for all other Federal employees assigned 
        to the Office of Civilian Radioactive Waste Management, 
        define their duties, and provide for a system of 
        organization to fix responsibility and promote 
        efficiency. The Deputy Director may be removed at the 
        Director's discretion without regard to any laws, 
        rules, or regulations concerning personnel actions in 
        the Civil Service System or Senior Executive Service. 
        Any other Federal employee assigned to the Office of 
        Civilian Radioactive Waste Management may be removed at 
        the discretion of the Secretary or Director without 
        regard to any laws, rules, or regulations concerning 
        personnel actions in the Civil Service System or Senior 
        Executive Service. The Secretary shall ensure that 
        Federal employees assigned to the Office of Civilian 
        Radioactive Waste Management are appointed, promoted, 
        and assigned on the basis of merit and fitness. Other 
        personnel actions shall be consistent with the 
        principles of fairness and due process specified in 
        title 5 of the United States Code, but without regard 
        to those provisions of such title governing 
        appointments and other personnel actions in the 
        competitive service.
          (2) Application.--The provisions of paragraph (1) 
        shall not apply to Federal employees who may be, from 
        time to time, temporarily assigned to the Office of 
        Civilian Radioactive Waste Management. The use of 
        temporary assignment of Federal employees to the Office 
        of Civilian Radioactive Waste Management shall not be 
        used in any manner to circumvent the full application 
        of the provisions in paragraph (1).
          (3) Transition.--The Secretary shall transition the 
        Federal employees assigned to the Office of Civilian 
        Radioactive Waste Management to the provisions of this 
        section in an orderly manner allowing for the 
        development of the needed procedures. Under no 
        circumstances shall this transition take longer than 6 
        months from the date of enactment of the Nuclear Waste 
        Policy Act of 1995.
          (4) Retention of benefits.--Federal employees 
        assigned to the Office of Civilian Radioactive Waste 
        Management and transitioned to the provisions of this 
        section shall retain employment benefits in effect 
        immediately prior to the transition date. Transitioned 
        employees will continue in the Civil Service System's 
        retirement system.
  (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 the Nuclear Waste Policy Act of 1995.
          (3) Comptroller General.--The Comptroller General of 
        the United States shall annually make an audit of the 
        Office, in accordance with such regulations as the 
        Comptroller General may prescribe. The Comptroller 
        General shall have access to such books, records, 
        accounts, and other materials of the Office as the 
        Comptroller General determines to be necessary for the 
        preparation of such audit. The Comptroller General 
        shall submit to the Congress a report on the results of 
        each audit conducted under this section.
          (4) Time.--No audit contemplated by this subsection 
        shall take longer than 30 days to conduct. An audit 
        report shall be issued in final form no longer than 60 
        days after the audit is commenced.
          (5) Public documents.--All audit reports shall be 
        public documents and available to any individual upon 
        request.
  (d) Value Engineering.--The Secretary shall create a value 
engineering function within the Office of Civilian Radioactive 
Waste Management that reports directly to the Director, which 
shall carry out value engineering functions in accordance with 
the usual and customary practices of private corporations 
engaged in large nuclear construction projects.
  (e) Site Characterization.--The Secretary shall employ, on an 
on-going basis, integrated performance modeling to identify 
appropriate parameters for the remaining site characterization 
effort and to eliminate studies of parameters that are shown 
not to affect long-term repository performance.

SEC. 702. REPORTING.

  (a) Initial Report.--Within 180 days of the date of enactment 
of the Nuclear Waste Policy Act of 1995, 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 January 31, 1998, and in accordance with 
        the acceptance schedule;
          (2) a detailed schedule and timeline showing each 
        action that the Secretary intends to take to meet the 
        Secretary's 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 1996 through 2001.
  (b) Annual Reports.--On each anniversary of the submittal of 
the report required by subsection (a), the Secretary shall make 
annual reports to the Congress for the purpose of updating the 
information contained in such report. The 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.
             ADDITIONAL VIEWS OF REPRESENTATIVE FRED UPTON

    The Nuclear Waste Policy Act of 1995 is the third attempt 
to resolve America's problems with spent powerplant fuel and 
other high-level nuclear wastes. A reading of the record of the 
first two attempts clearly reveals a sense of confidence that 
the problem had finally, conclusively been addressed. In each 
case, this confidence was misplaced. Thirteen years after 
passage of the Nuclear Waste Policy Act of 1982, America's 
electricity ratepayers have paid more than $10 billion into the 
Nuclear Waste Disposal Fund and have little to show for it. 
Nearly half of the ratepayers' funds have been spent and the 
Department of Energy says a permanent repository is at least 
fifteen years away.
    Thus, the solution that was fifteen years away at passage 
of the first Act is still fifteen years away. We haven't gained 
so much as a year on the problem since 1982. Meanwhile, high-
level nuclear wastes are accumulating at more than seventy 
locations in thirty-four states. One of these sites is in the 
Sixth District of Michigan, where the utility licensee has been 
forced to begin storing spent fuel assemblies in so-called 
``dry casks'' less than two football field lengths from 
America's largest body of fresh water. The waste is 
accumulating because there is simply no place for it to go. 
Given the rate of progress on creating such a place to go, my 
constituents understandably fear that this temporary necessity 
will outlive us all.
    It has been charged that this legislation ``bails out'' the 
electric utility industry, helping it deal with a ``public 
relations'' problem. This is both inaccurate and misleading. 
The industry entered a covenant with the federal government 
with passage of the 1982 Act. The industry has upheld its part 
of the agreement; it is the government that has failed to 
produce the promised solution. It is the government that has 
spent almost $5 billion taken from ratepayers with no clear 
accomplishment to justify such expenditure.
    It has also been charged that establishment of a 
centralized waste storage facility will necessitate thousands 
of rail and truck trips from these thirty-four states to 
consolidate the waste at the centralized facility. Nuclear 
materials have been safely transported throughout America for 
half a century without serious incident. In fact, the wastes 
that will be taken from the reactors was fabricated elsewhere 
and safely transported to the reactor sites in the first place. 
The procedure and containers used in the transportation of 
nuclear materials are well established and proven reliable. 
Leaving the waste wherever it is in perpetuity presents greater 
risks than moving it to a repository.
    Lastly, it has been charged that the State of Nevada was 
chosen for a permanent repository solely because it has a small 
(and presumably powerless) Congressional delegation. There are 
several gaps in this theory. First, all that has been 
authorized to date is the characterization of the Yucca 
Mountain site, not construction of a waste repository. The site 
may be found unsuitable by DOE and the ensuing license 
application might be rejected by the Nuclear Regulatory 
Commission.
    Second, there were strong scientific/geologic reasons for 
early interest in Yucca Mountain. The site is so remote that it 
was actually used for hundreds of nuclear explosive tests, 
including scores of above-ground tests. It is also one of the 
dryest spots in America, with a water table over 2,000 feet 
below the surface. These characteristics, while not in 
themselves dispositive, certainly encourage further study as 
much as a wet, populated area would do the opposite. Third, if 
a small Congressional delegation were the sole criterion for 
selecting a site, then Alaska, Delaware, Montana, Vermont and 
Wyoming would top the list since their delegations are half the 
size of Nevada's. In the Senate, of course, Nevada's delegation 
is as large as any other.
    Reasonable people may disagree in good faith on the best 
way to deal with nuclear wastes, but it is impossible to read 
the two prior Nuclear Waste Policy Acts or the debate 
surrounding them without concluding that the government has 
made commitments concerning nuclear waste and that numerous 
nongovernment entities have made their own commitments as a 
result. Keeping commitments is at least as important for 
government as it is for private parties. HR 1020 is designed to 
insure that this contract with America is honored.

                                                        Fred Upton.
          DISSENTING VIEWS OF REPRESENTATIVE EDWARD J. MARKEY

    H.R. 1020 may respond to the short-term economic and public 
relations needs of the nuclear utility industry, but it does a 
disservice to our obligation to the American people to find 
real solutions to the nuclear waste dilemma.
    Over the last fifty years, our nation has generated tens of 
thousands of tons of plutonium, enriched uranium, and other 
highly-radioactive nuclear materials and wastes. There is no 
problem as grave as finding a solution to the disposal of these 
deadly wastes. The need to do so in the safest and most 
responsible fashion is obvious--the failure to do so will 
subject future generations to possible lethal exposures for 
tens of thousands of years to come.
    Sadly, the Nuclear Waste Policy Act of 1982 has all too 
frequently fallen short of meeting these objectives, in both 
its conception and execution. During the 1980s, I became 
intimately acquainted with the bad starts, false starts and 
mis-starts that racked DOE's management of this program. 
Congress then added insult to injury with enactment of the 1987 
amendments to the Waste Policy Act, which abandoned any 
pretense of exploring multiple sites to ensure selection of a 
permanent waste repository would be based on the soundest 
scientific footing, after a full-scale review of all the 
options and all the available data on safety, environmental, 
and public health concerns. Instead, we made a political 
decision to limit the search for a permanent nuclear waste dump 
to the Yucca Mountain site--thereby taking the remaining 98 
Senators and 433 Representatives off the hook and handing the 
nuclear Queen of Spades to the State of Nevada. We then 
instructed DOE and the NRC to go forth and determine whether 
our political decision was technically supportable.
    Since Secretary O'Leary's arrival, the Department of Energy 
has finally begun to get moving on site characterization 
efforts that would provide an answer to the technical question 
of Yucca Mountain's suitability. This legislation would 
undermine that effort by reviving plans to store nuclear waste 
above ground in a so-called ``interim'' storage facility. It 
would repeal the legal limitations currently placed on interim 
storage that were intended to prevent interim storage from 
becoming permanent storage and would eliminate critical 
environmental and public health and safety protections.
    Interim storage was a bad idea in 1982, a bad idea in 1987, 
and it remains a bad idea in 1995. Why? Because an above-round 
interim storage facility is really a dagger poised at the heart 
of the underground permanent waste repository. If we fund such 
a facility in Nevada, we run the risk that budget and political 
pressures will delay or terminate the search for a permanent 
solution, or so taint the integrity of the decision-making 
process that politics--not science--will drive DOE's and NRC's 
final decision on Yucca Mountain's suitability.
    We are already seeing evidence of the tension between 
funding interim storage and a permanent repository in the 
Energy and Water Appropriations bill. The House-passed 
Appropriations bill proposed to downgrade, suspend or terminate 
efforts to complete work on Yucca Mountain and instead fund an 
interim storage facility. Ironically, when I tried to offer an 
amendment to restore full funding for DOE and NRC site 
characterization activities at Yucca Mountain, the nuclear 
industry came out and lobbied to defeat amendment. In light of 
their opposition, I really must seriously question the 
sincerity of the nuclear industry's commitment to fully fund a 
permanent repository if an interim storage facility is 
constructed.
    I also have come to the conclusion that this bill fails to 
provide the minimal level of protection needed to assure the 
integrity of the site selection process and protect public 
health, safety, and the environment. While I commend my 
Democratic colleagues for their efforts to improve this 
legislation, I regretfully cannot support the product of their 
efforts.
    During the Commerce Committee's Subcommittee and full 
Committee markups of H.R. 1020, I offered a series of 
amendments which were intended to correct some of the most 
glaring deficiencies in this legislation, as follows:
    Motion to strike the bill's provisions that: (1) bar EPA 
from setting high-level radiation protection standards for the 
permanent repository; (2) establish an arbitrary statutory 
radiation standard of 100 millirems; and (3) require the NRC to 
assume no human intrusion into the repository will be possible 
for 1,000 years. [Defeated 5-32]
    Motion to strike the bill's provisions that provide for 
various exemptions for National Environmental Policy Act 
requirements that an environmental impact statement (EIS) be 
prepared for the transportation, interim storage, and permanent 
waste repository. [Defeated 4-33]
    An en bloc amendment which would:
    Require DOE and NRC to undertake a risk assessment and 
cost-benefit analysis in connection with the transportation, 
interim storage site, or a permanent disposal of radioactive 
waste in a repository, and require that the Nuclear Waste 
Technical Review Board undertake a peer review of such risk 
assessments and cost-benefit analyses.
    A takings amendment which would require the Nuclear Waste 
Disposal fund to pay for any reduction of private property 
values of more than 20% caused by the transportation, interim 
storage, or permanent disposal of nuclear waste, and to 
otherwise apply the provisions of the House-passed takings bill 
to the Act.
    An unfunded mandate amendment requiring the waste disposal 
fund to pay for state or local governmental public health and 
safety activities made necessary as the result of 
transportation, storage, or disposal of nuclear waste. 
[Defeated 3-32]
    Motion to reinstate the provisions of current law which 
restrict an interim facility from being located in Nevada and 
limit its size and schedule in order to link its construction 
to completion of the permanent repository. [Defeated by voice 
vote]
    Amendment to specify that all high-level radioactive 
defense nuclear waste must be disposed of in the permanent 
repository, and that the repository be large enough to 
accommodate all of the waste generated by defense programs and 
by all civilian power plants licensed as of the date of 
enactment of this Act. [Defeated by voice vote]
    Bar relicensing of existing nuclear reactors unless DOE 
certifies that either the permanent repository can accommodate 
the waste from the reactor or that DOE has begun site selection 
and characterization for a second repository to take the 
additional waste produced by the reactor [Defeated by voice 
vote]
    Amendment to require nuclear waste from decommissioned 
nuclear reactors to be given priority for disposal [Defeated by 
voice vote]
    In light of the Committee's rejection of these amendments, 
I cannot support passage of H.R. 1020. In its present form, the 
bill endangers public health, safety, and the environment, and 
does not merit adoption by the House. I respectfully dissent.

                                                  Edward J. Markey.