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105th Congress                                            Rept. 105-290
                        HOUSE OF REPRESENTATIVES

 1st Session
                                                                 Part 1
_______________________________________________________________________


 
                    NUCLEAR WASTE POLICY ACT OF 1997

                                _______
                                

                October 1, 1997.--Ordered to be printed

_______________________________________________________________________


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

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 1270]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Commerce, to whom was referred the bill 
(H.R. 1270) 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
Amendment........................................................     2
Purpose and Summary..............................................    25
Background and Need for Legislation..............................    26
Hearings.........................................................    32
Committee Consideration..........................................    32
Rollcall Votes...................................................    32
Committee Oversight Findings.....................................    38
Committee on Government Reform and Oversight.....................    38
New Budget Authority and Tax Expenditures........................    38
Committee Cost Estimate..........................................    39
Congressional Budget Office Estimate.............................    39
Federal Mandates Statement.......................................    47
Advisory Committee Statement.....................................    49
Constitutional Authority Statement...............................    49
Applicability to Legislative Branch..............................    50
Committee Correspondence.........................................    50
Section-by-Section Analysis of the Legislation...................    55
Agency Views.....................................................    81
Changes in Existing Law Made by the Bill, as Reported............    82
Dissenting Views.................................................   203

                               Amendment

  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 1997'.
  ``(b) Table of Contents.--
``Sec. 1. Short title and table of contents.
``Sec. 2. Definitions.
``Sec. 3. Findings and purposes.

                         ``TITLE I--OBLIGATIONS

``Sec. 101. Obligations of the Secretary of Energy.

                ``TITLE II--INTEGRATED MANAGEMENT SYSTEM

``Sec. 201. Intermodal transfer.
``Sec. 202. Transportation planning.
``Sec. 203. Transportation requirements.
``Sec. 204. Interim storage.
``Sec. 205. Permanent disposal.
``Sec. 206. Land withdrawal.
``Sec. 207. Private storage facilities.

                      ``TITLE III--LOCAL RELATIONS

``Sec. 301. On-site representative.
``Sec. 302. Benefits agreements.
``Sec. 303. Content of agreements.
``Sec. 304. Acceptance of benefits.
``Sec. 305. Restriction on use of funds.
``Sec. 306. Initial land conveyances.
``Sec. 307. Payments equal to taxes.

                  ``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. 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 in section 508 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 terms `engineered barriers' 
        and `engineered systems and components,' mean man made 
        components of a disposal system. Such terms include the spent 
        nuclear fuel or high-level radioactive waste form, spent 
        nuclear fuel package or high-level radioactive waste package, 
        and other materials placed over and around such packages.
          ``(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;
                  ``(B) the highly radioactive material resulting from 
                atomic energy defense activities; and
                  ``(C) any other highly radioactive material that the 
                Commission, consistent with existing law, determines by 
                rule requires permanent isolation.
          ``(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' mean 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 term `Nuclear Waste Fund' 
        means the nuclear waste fund established in the United States 
        Treasury prior to the date of enactment of this Act under 
        section 302(c) of the Nuclear Waste Policy Act of 1982.
          ``(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) Package.--The term `package' means the primary 
        container that holds, and is in direct contact with, solidified 
        high-level radioactive waste, spentnuclear fuel, or other 
radioactive materials and any overpack that are emplaced at a 
repository.
          ``(23) Program approach.--The term `program approach' means 
        the Civilian Radioactive Waste Management Program Plan, dated 
        May 1996, as modified by this Act, and as amended from time to 
        time by the Secretary in accordance with this Act.
          ``(24) 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.
          ``(25) Secretary.--The term `Secretary' means the Secretary 
        of Energy.
          ``(26) 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.
          ``(27) 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.
          ``(28) 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.
          ``(29) Withdrawal.--The term `withdrawal' has the same 
        definition as that set forth in the Federal Land Policy and 
        Management Act (43 U.S.C. 1702 et seq.).
          ``(30) 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, 
        2002, it is necessary for Congress to authorize the interim 
        storage facility;
          ``(4) deficit-control measures designed to limit 
        appropriation of general revenues have limited the availability 
        of the Nuclear Waste Fund for its intended purposes; and
          ``(5) the Federal Government has the responsibility to 
        provide for the permanent disposal of waste generated from 
        United States atomic energy defense activities.
  ``(b) Purposes.--The purposes of this Act are--
          ``(1) to direct the Secretary to develop an integrated 
        management system in accordance with this Act so that the 
        Department can accept spent nuclear fuel or high-level 
        radioactive waste for interim storage commencing no later than 
        January 31, 2002, 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, 2002.

                         ``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, 2002.
  ``(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.

                ``TITLE II--INTEGRATED MANAGEMENT SYSTEM

``SEC. 201. INTERMODAL TRANSFER.

  ``(a) Transportation.--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. If direct rail access becomes available to the interim 
storage facility site, the Secretary may use rail transportation to 
meet the requirements of this title.
  ``(b) Capability Date.--The Secretary shall develop the capability to 
commence rail to truck intermodal transfer at Caliente, Nevada, no 
later than January 31, 2002.
  ``(c) Acquisitions.--The Secretary shall acquire lands and rights-of-
way necessary to commence intermodal transfer at Caliente, Nevada.
  ``(d) Replacements.--The Secretary shall acquire and develop on 
behalf of, and dedicate to, the City of Caliente, Nevada, parcels of 
land and 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, 
2002.
  ``(e) Notice and Map.--Within 6 months of the date of enactment of 
this Act, the Secretary shall--
          ``(1) publish in the Federal Register a notice containing a 
        legal description of the sites and rights-of-way to be acquired 
        under this section; and
          ``(2) file copies of a map of such sites and rights-of-way 
        with the Congress, the Secretary of the Interior, the State of 
        Nevada, the Archivist of the United States, the Board of 
        Lincoln County Commissioners, the Board of Nye County 
        Commissioners, and the Caliente City Council.
Such map and legal description shall have the same force and effect as 
if they were included in this Act. The Secretary may correct clerical 
and typographical errors in legal descriptions and make minor 
adjustments in the boundaries.
  ``(f) Improvements.--The Secretary shall make improvements to 
existing roadways selected for heavy-haul truck transport between 
Caliente, Nevada, and the interim storage facility site as necessary to 
facilitate year-round safe transport of spent nuclear fuel and high-
level radioactive waste.
  ``(g) Heavy-Haul Transportation Route.--
          ``(1) Designation of route.--The route for the heavy-haul 
        truck transport of spent nuclear fuel and high-level 
        radioactive waste shall be as designated in the map dated July 
        21, 1997 (referred to as `Heavy-Haul Route') and on file with 
        the Secretary.
          ``(2) Truck transportation.--The Secretary, in consultation 
        with the State of Nevada and appropriate counties and local 
        jurisdictions, shall establish reasonable terms and conditions 
        pursuant to which the Secretary may utilize heavy-haul truck 
        transport to move spent nuclear fuel and high-level radioactive 
        waste from Caliente, Nevada, to the interim storage facility 
        site.
          ``(3) Improvements and maintenance.--Notwithstanding any 
        other law--
                  ``(A) the Secretary shall be responsible for any 
                incremental costs related to improving or upgrading 
                Federal, State, and local roads within the heavy-haul 
                transportation route utilized, and performing any 
                maintenance activities on such roads, as necessary, to 
                facilitate year-round safe transport of spent nuclear 
                fuel and high-level radioactive waste; and
                  ``(B) any such improvement, upgrading, or maintenance 
                activity shall be funded solely by appropriations made 
                pursuant to sections 401 and 403 of this Act.
  ``(h) Local Government Involvement.--The Commission shall enter into 
a Memorandum of Understanding with the City of Caliente and Lincoln 
County, Nevada, to provide advice to the Commission regarding 
intermodal transfer and to facilitate on-site representation. 
Reasonable expenses of such representation shall be paid by the 
Secretary.

``SEC. 202. TRANSPORTATION PLANNING.

  ``(a) Transportation Readiness.--The Secretary shall take those 
actions that are necessary and appropriate to ensure that the Secretary 
is able to accept and transport spent nuclear fuel and high-level 
radioactive waste beginning not later than January 31, 2002. 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, 2002. 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.--
          ``(1) In general.--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.
          ``(2) Employee organizations.--
                  ``(A) In general.--The Secretary shall provide 
                technical assistance and funds for training directly to 
                nonprofit employee organizations and joint labor-
                management organizations that demonstrate experience in 
                implementing and operating worker health and safety 
                training and education programs and demonstrate the 
                ability to reach and involve in training programs 
                target populations of workers who are or will be 
                directly engaged in the transportation of spent nuclear 
                fuel and high-level radioactive waste or emergency 
                response or post-emergency response with respect to 
                such transportation.
                  ``(B) Training.--Training under this paragraph--
                          ``(i) shall cover procedures required for 
                        safe routine transportation of materials and 
                        procedures for dealing with emergency response 
                        situations;
                          ``(ii) shall be consistent with any training 
                        standards established by the Secretary of 
                        Transportation; and
                          ``(iii) shall include--
                                  ``(I) a training program applicable 
                                to persons responsible for responding 
                                to emergency situations occurring 
                                during the removal and transportation 
                                of spent nuclear fuel and high-level 
                                radioactive waste;
                                  ``(II) instruction of public safety 
                                officers in procedures for the command 
                                and control of the response to any 
                                incident involving the waste; and
                                  ``(III) instruction of radiological 
                                protection and emergency medical 
                                personnel in procedures for responding 
                                to an incident involving spent nuclear 
                                fuel or high-level radioactive waste 
                                being transported.
          ``(3) Grants.--To implement this subsection, grants shall be 
        made under section 401(c).
          ``(4) Minimizing duplication of effort and expenses.--The 
        Secretaries of Transportation, Labor, and Energy, Directors of 
        the Federal Emergency Management Agency and National Institute 
        of Environmental Health Sciences, the Nuclear Regulatory 
        Commission, and Administrator of the Environmental Protection 
        Agency shall review periodically, with the head of each 
        department, agency, or instrumentality of the Government, all 
        emergency response and preparedness training programs of that 
        department, agency, or instrumentality to minimize duplication 
        of effort and expense of the department, agency, or 
        instrumentality in carrying out the programs and shall take 
        necessary action to minimize duplication.
  ``(d) Use of Private Carriers.--The Secretary, in providing for the 
transportation of spent nuclear fuel and high-level radioactive waste 
under this Act, shall by contract use 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.
  ``(f) Employee Protection.--Any person engaged in the interstate 
commerce of spent nuclear fuel or high-level radioactive waste under 
contract to the Secretary pursuant to this Act shall be subject to and 
comply fully with the employee protection provisions of section 20109 
of title 49, United States Code (in the case of employees of railroad 
carriers), and section 31105 of title 49, United States Code (in the 
case of employees operating commercial motor vehicles), or the 
Commission (in the case of all other employees).
  ``(g) Training Standard.--
          ``(1) Regulation.--No later than 12 months after the date of 
        enactment of this Act, the Secretary of Transportation, 
        pursuant to authority under other provisions of law, in 
        consultation with the Secretary of Labor and the Commission, 
        shall promulgate a regulation establishing training standards 
        applicable to workers directly involved in the removal and 
        transportation of spent nuclear fuel and high-level radioactive 
        waste. The regulation shall specify minimum training standards 
        applicable to workers, including managerial personnel. The 
        regulation shall require that the employer possess evidence of 
        satisfaction of the applicable training standard before any 
        individual may be employed in the removal and transportation of 
        spent nuclear fuel and high-level radioactive waste.
          ``(2) Secretary of transportation.--If the Secretary of 
        Transportation determines, in promulgating the regulation 
        required by paragraph (1), that regulations promulgated by the 
        Commission establish adequate training standards for workers, 
        then the Secretary of Transportation can refrain from 
        promulgating additional regulations with respect to worker 
        training in such activities. The Secretary of Transportation 
        and the Commission shall use their Memorandum of Understanding 
        to ensure coordination of worker training standards and to 
        avoid duplicative regulation.
          ``(3) Training standards content.--The training standards 
        required to be promulgated under paragraph (1) shall, among 
        other things deemed necessary and appropriate by the Secretary 
        of Transportation, include the following provisions--
                  ``(A) a specified minimum number of hours of initial 
                off site instruction and actual field experience under 
                the direct supervision of a trained, experienced 
                supervisor;
                  ``(B) a requirement that onsite managerial personnel 
                receive the same training as workers, and a minimum 
                number of additional hours of specialized training 
                pertinent to their managerial responsibilities; and
                  ``(C) a training program applicable to persons 
                responsible for responding to and cleaning up emergency 
                situations occurring during the removal and 
                transportation of spent nuclear fuel and high-level 
                radioactive waste.
          ``(4) Authorization.--There is authorized to be appropriated 
        to the Secretary of Transportation, from general revenues, such 
        sums as may be necessary to perform his duties under this 
        subsection.

``SEC. 204. INTERIM STORAGE.

  ``(a) Authorization.--The Secretary shall design, construct, and 
operate a facility for the interim storage of spent nuclear fuel and 
high-level radioactive waste at the interim storage facility site. The 
interim storage facility shall be subject to licensing pursuant to the 
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) in accordance with 
the Commission's regulations governing the licensing of independent 
spent fuel storage installations and shall commence operation in phases 
by January 31, 2002. The interim storage facility shall store spent 
nuclear fuel and high-level radioactive waste until the Secretary is 
able to transfer such fuel and waste 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, 2002.
          ``(2) First phase.--No later than 12 months after the date of 
        enactment of this Act, 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 36 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 this Act 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 
        this Act 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.
  ``(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) Savings Clause.--Nothing in this Act shall affect the 
Commission's procedures for the licensing of any technology for the dry 
storage of spent nuclear fuel at the site of any civilian nuclear power 
reactor as adopted by the Commission under section 218 of the Nuclear 
Waste Policy Act of 1982, as in effect prior to the date of the 
enactment of this Act. The establishment of such procedures shall not 
preclude the licensing, under any applicable procedures or rules of the 
Commission in effect prior to such establishment, of any technology for 
the storage of civilian spent nuclear fuel at the site of any civilian 
nuclear power reactor.

``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, 2002, 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 this 
Act, the Commission shall amend its regulations governing the disposal 
of spent nuclear fuel and high-level radioactive waste in geologic 
repositories to the extent necessary to comply with this Act. Subject 
to subsection (c), such regulations shall provide for the licensing of 
the repository according to the following procedures:
          ``(1) Construction authorization.--The Commission shall grant 
        the Secretary a construction authorization for the repository 
        upon determining that there is reasonable assurance that spent 
        nuclear fuel and high-level radioactive waste can be disposed 
        of in the repository--
                  ``(A) in conformity with the Secretary's application, 
                the provisions of this Act, and the regulations of the 
                Commission;
                  ``(B) with adequate protection of the health and 
                safety of the public; and
                  ``(C) consistent with the common defense and 
                security.
          ``(2) License.--Following substantial completion of 
        construction and the filing of any additional information 
        needed to complete the license application, the Commission 
        shall issue a license to dispose of spent nuclear fuel and 
        high-level radioactive waste in the repository if the 
        Commission determines that the repository has been constructed 
        and will operate--
                  ``(A) in conformity with the Secretary's application, 
                the provisions of this Act, and the regulations of the 
                Commission;
                  ``(B) with adequate protection of the health and 
                safety of the public; and
                  ``(C) consistent with the common defense and 
                security.
          ``(3) Closure.--After emplacing spent nuclear fuel and high-
        level radioactive waste in the repository and collecting 
        sufficient confirmatory data on repository performance to 
        reasonably confirm the basis for repository closure consistent 
        with the Commission's regulations applicable to the licensing 
        of a repository, as modified in accordance with this Act, the 
        Secretary shall apply to the Commission to amend the license to 
        permit permanent closure of the repository. The Commission 
        shall grant such license amendment upon finding that there is 
        reasonable assurance that the repository can be permanently 
        closed--
                  ``(A) in conformity with the Secretary's application 
                to amend the license, the provisions of this Act, and 
                the regulations of the Commission;
                  ``(B) with adequate protection of the health and 
                safety of the public; and
                  ``(C) consistent with the common defense and 
                security.
          ``(4) Post-closure.--The Secretary shall take those actions 
        necessary and appropriate at the Yucca Mountain site to prevent 
        any activity at the site subsequent to repository closure that 
        poses an unreasonable risk of--
                  ``(A) breaching the repository's engineered or 
                geologic barriers: or
                  ``(B) increasing the 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 
this Act 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, 
                in consultation with the Administrator of the 
                Environmental Protection Agency, determines by rule 
                that such standard would not provide for adequate 
                protection of the health and safety of the public and 
                establishes by rule another standard which will provide 
                for adequate protection of the health and safety of the 
                public. 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 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 (42 U.S.C. 2011 et seq.). 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 this Act, the Secretary shall--
                  ``(A) publish in the Federal Register a notice 
                containing a legal description of the interim storage 
                facility site; and
                  ``(B) file copies of the maps described in paragraph 
                (1), and the legal description of the interim storage 
                facility site with the Congress, the Secretary of the 
                Interior, the Governor of Nevada, and the Archivist of 
                the United States.
          ``(4) Notice and maps.--Concurrent with the Secretary's 
        application to the Commission for authority to construct the 
        repository, the Secretary shall--
                  ``(A) publish in the Federal Register a notice 
                containing a legal description of the Yucca Mountain 
                site; and
                  ``(B) file copies of the maps described in paragraph 
                (2), and the legal description of the Yucca Mountain 
                site with the Congress, the Secretary of the Interior, 
                the Governor of Nevada, and the Archivist of the United 
                States.
          ``(5) Construction.--The maps and legal descriptions of the 
        interim storage facility site and the Yucca Mountain site 
        referred to in this subsection shall have the same force and 
        effect as if they were included in this Act. The Secretary may 
        correct clerical and typographical errors in the maps and legal 
        descriptions and make minor adjustments in the boundaries of 
        the sites.

``SEC. 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 application 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--LOCAL RELATIONS

``SEC. 301. ON-SITE REPRESENTATIVE.

  ``The Secretary shall offer to Nye County, Nevada, an opportunity to 
designate a representative to conduct on-site oversight activities at 
the Yucca Mountain site. Reasonable expenses of such representatives 
shall be paid by the Secretary.

``SEC. 302. BENEFITS AGREEMENTS.

  ``(a) In General.--
          ``(1) Separate agreements.--The Secretary shall offer to 
        enter into separate agreements with Nye County, Nevada, and 
        Lincoln County, Nevada, concerning the integrated management 
        system.
          ``(2) Agreement content.--Any agreement shall contain such 
        terms and conditions, including such financial and 
        institutional arrangements, as the Secretary and agreement 
        entity determine to be reasonable and appropriate and shall 
        contain such provisions as are necessary to preserve any right 
        to participation or compensation of Nye County, Nevada, and 
        Lincoln County, Nevada.
  ``(b) Amendment.--An agreement entered into under subsection (a) may 
be amended only with the mutual consent of the parties to the amendment 
and terminated only in accordance with subsection (c).
  ``(c) Termination.--The Secretary shall terminate an agreement under 
subsection (a) if any element of the integrated management system may 
not be completed.
  ``(d) Limitation.--Only 1 agreement each for Nye County, Nevada, and 
Lincoln County, Nevada, may be in effect at any one time.
  ``(e) Judicial Review.--Decisions of the Secretary under this section 
are not subject to judicial review.

``SEC. 303. CONTENT OF AGREEMENTS.

  ``(a) In General.--
          ``(1) Schedule.--The Secretary, subject to appropriations, 
        shall make payments to the party of a benefits agreement under 
        section 302(a) in accordance with the following schedule:

                           ``BENEFITS SCHEDULE                          
                          [Amounts in millions]                         
------------------------------------------------------------------------
                            Event                                County 
------------------------------------------------------------------------
(A) Annual payments prior to first receipt of fuel...........       $2.5
(B) Upon first spent fuel receipt............................       $5  
(C) Annual payments after first spent fuel receipt until                
 closure of facility.........................................       $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 line (A) of the benefit schedule shall be 
        made on the date of execution of the benefits agreement and 
        thereafter on the anniversary date of such execution. Annual 
        payments after the first spent fuel receipt until closure of 
        the facility under line (C) of the benefit schedule shall be 
        made on the anniversary date of such first spent fuel receipt.
          ``(4) Reduction.--If the first spent fuel payment under line 
        (B) is made within 6 months after the last annual payment prior 
        to the receipt of spent fuel under line (A) of the benefit 
        schedule, such first spent fuel payment under line (B) of the 
        benefit schedule shall be reduced by an amount equal to \1/12\ 
        of such annual payment under line (A) of the benefit schedule 
        for each full month less than 6 that has not elapsed since the 
        last annual payment under line (A) of the benefit schedule.
  ``(b) Contents.--A benefits agreement under section 302 shall provide 
that--
          ``(1) the parties to the agreement shall share with one 
        another information relevant to the licensing process for the 
        interim storage facility or repository, as it becomes 
        available; and
          ``(2) the affected unit of local government that is party to 
        such agreement may comment on the development of the integrated 
        management system and on documents required under law or 
        regulations governing the effects of the system on the public 
        health and safety.
  ``(c) Construction.--The signature of the Secretary on a valid 
benefits agreement under section 302 shall constitute a commitment by 
the United States to make payments in accordance with such agreement.

``SEC. 304. ACCEPTANCE OF BENEFITS.

  ``(a) Consent.--The acceptance or use of any of the benefits provided 
under this title by any affected unit of local government shall not be 
deemed to be an expression of consent, express, or denied, either under 
the Constitution of the State of Nevada or any law thereof, to the 
siting of the interim storage facility or repository in the State of 
Nevada, any provision of such Constitution or laws to the contrary 
notwithstanding.
  ``(b) Arguments.--Neither the United States nor any other entity may 
assert any argument based on legal or equitable estoppel, or 
acquiescence, or waiver, or consensual involvement, in response to any 
decision by the State of Nevada, to oppose the siting in Nevada of the 
interim storage facility or repository premised upon or related to the 
acceptance or use of benefits under this title.
  ``(c) Liability.--No liability of any nature shall accrue to be 
asserted against the State of Nevada, its Governor, any official 
thereof, or any official of any governmental unit thereof, premised 
solely upon the acceptance or use of benefits under this title.

``SEC. 305. RESTRICTION ON USE OF FUNDS.

  ``None of the funding provided under section 303 may be used--
          ``(1) directly or indirectly to influence legislative action 
        on any matter pending before Congress or a State legislature or 
        for any lobbying activity as provided in section 1913 of title 
        18, United States Code;
          ``(2) for litigation purposes; and
          ``(3) to support multistate efforts or other coalition-
        building activities inconsistent with the purposes of this Act.

``SEC. 306. INITIAL LAND CONVEYANCES.

  ``(a) Conveyance of Public Lands.--Within 120 days after October 1, 
1998, the Secretary of the Interior, or other agency with jurisdiction 
over the public lands described in subsection (b), shall convey the 
public lands described in subsection (b) to the appropriate county, 
unless the county notifies the Secretary of the Interior or the head of 
such other appropriate agency in writing within 60 days of such date of 
enactment that it elects not to take title to all or any part of the 
property, except that any lands conveyed to the County of Nye, County 
of Lincoln, or the City of Caliente under this subsection that are 
subject to a Federal grazing permit or a similar federally granted 
privilege shall be conveyed between 60 and 120 days of the earliest 
time the Federal agency administering or granting the privilege would 
be able to legally terminate such privilege under the statutes and 
regulations existing on October 1, 1998, unless the Federal agency, 
county or city, and the affected holder of the privilege negotiate an 
agreement that allows for an earlier conveyance, but in no case to 
occur earlier than October 1, 1998.
  ``(b) Special Conveyances.--Subject to valid existing rights and 
notwithstanding any other law, the Secretary of the Interior or the 
head of the other appropriate agency shall convey:
          ``(1) To the County of Nye, Nevada, the following public 
        lands depicted on the maps dated October 11, 1995, and on file 
        with the Secretary:
                  ``Map 1: Proposed Pahrump Industrial Park Site
                  ``Map 2: Proposed Lathrop Wells (Gate 510) Industrial 
                Park Site
                  ``Map 3: Pahrump Landfill Sites
                  ``Map 4: Amargosa Valley Regional Landfill Site
                  ``Map 5: Amargosa Valley Municipal Landfill Site
                  ``Map 6: Beatty Landfill/Transfer station Site
                  ``Map 7: Round Mountain Landfill Site
                  ``Map 8: Tonopah Landfill Site
                  ``Map 9: Gabbs Landfill Site.
          ``(2) To the County of Lincoln, Nevada, the following public 
        lands depicted on the maps dated October 11, 1995, and on file 
        with the Secretary:
                  ``Map 2: Lincoln County, Parcel M, Industrial Park 
                Site, Jointly with the City of Caliente
                  ``Map 3: Lincoln County, Parcels F and G, Mixed Use, 
                Industrial Sites
                  ``Map 4: Lincoln County, Parcels H and I, Mixed Use 
                and Airport Expansion Sites
                  ``Map 5: Lincoln County, Parcels J and K, Mixed Use, 
                Airport and Landfill Expansion Sites
                  ``Map 6: Lincoln County, Parcels E and L, Mixed Use, 
                Airport and Industrial Expansion Sites.
          ``(3) To the City of Caliente, Nevada, the following public 
        lands depicted on the maps dated October 11, 1995, and on file 
        with the Secretary:
                  ``Map 1: City of Caliente, Parcels A, B, C and D, 
                Community Growth, Landfill Expansion and Community 
                Recreation Sites
                  ``Map 2: City of Caliente, Parcel M, Industrial Park 
                Site, jointly with Lincoln County.
  ``(c) National Environmental Policy Act of 1969.--The activities of 
the Secretary and the head of any other Federal agency in connection 
with subsections (a) and (b) shall be considered preliminary decision 
making activities. 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 any 
environmental review under subparagraph (E) or (F) of section 102(2) of 
such Act.

``SEC. 307. PAYMENTS EQUAL TO TAXES.

  ``(a) Taxable Amounts.--In addition to financial assistance provided 
under this title, the Secretary is authorized to grant to any affected 
Indian tribe or affected unit of local government an amount each fiscal 
year equal to the amount such affected Indian tribe or affected unit of 
local government, respectively, would receive if authorized to tax 
integrated management system activities, as such affected Indian tribe 
or affected unit of local government taxes the non-Federal real 
property and industrial activities occurring within such affected unit 
of local government.
  ``(b) Termination.--Such grants shall continue until such time as all 
such activities, development, and operations are terminated at such 
site.
  ``(c) Assistance to Indian Tribes and Units of Local Government.--
          ``(1) Period.--Any affected Indian tribe or affected unit of 
        local government may not receive any grant under subsection (a) 
        after the expiration of the 1-year period following the date on 
        which the Secretary notifies the affected Indian tribe or 
        affected unit of local government of the termination of the 
        operation of the integrated management system.
          ``(2) Activities.--Any affected Indian tribe or affected unit 
        of local government may not receive any further assistance 
        under this section if the integrated management system 
        activities at such site are terminated by the Secretary or if 
        such activities are permanently enjoined by any court.

                  ``TITLE IV--FUNDING AND ORGANIZATION

``SEC. 401. PROGRAM FUNDING.

  ``(a) Contracts.--
          ``(1) Authority of 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 spent fuel or waste upon the payment of fees 
        in accordance with paragraphs (2) and (3). Except as provided 
        in paragraph (3), fees assessed pursuant to this paragraph 
        shall be paid to the Treasury of the United States and shall be 
        available for use by the Secretary pursuant to this section 
        until expended.
          ``(2) Annual fees.--
                  ``(A) Electricity.--
                          ``(i) In general.--Under a contract entered 
                        into under paragraph (1) there shall be a fee 
                        for electricity generated by civilian nuclear 
                        power reactors and sold on or after the date of 
                        enactment of this Act. The aggregate amount of 
                        such fees collected during each fiscal year 
                        shall be no greater than the annual level of 
                        appropriations for expenditures on the 
                        integrated management system for that fiscal 
                        year, minus--
                                  ``(I) any unobligated balance of fees 
                                collected during the previous fiscal 
                                year; and
                                  ``(II) such appropriations required 
                                to be funded by the Federal Government 
                                pursuant to section 403.
                          ``(ii) Fee level.--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 1999 and continuing through the 
                        fiscal year in which disposal at the repository 
                        commences--
                                  ``(I) the average annual fee 
                                collected under this subparagraph shall 
                                not exceed 1.0 mill per-kilowatt hour 
                                generated and sold; and
                                  ``(II) the fee in any fiscal year in 
                                such period shall not exceed 1.5 mill 
                                per kilowatt hour generated and sold.
                        Thereafter, 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) 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 appropriations.
                  ``(C) Rules.--The Secretary shall, by rule, establish 
                procedures necessary to implement this paragraph.
          ``(3) One-time fees.--The one-time fees collected under 
        contracts executed under section 302(a) of the Nuclear Waste 
        Policy Act of 1982 before the date of enactment of this Act 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 Nuclear Waste Fund. The Secretary 
        shall collect all such fees before the expiration of fiscal 
        year 2002. The Commission shall suspend the license of any 
        licensee who fails or refuses to pay the full amount of the fee 
        referred to in this paragraph and the license shall remain 
        suspended until the full amount of the fee referred to in this 
        paragraph is paid. In paying such a fee, the person delivering 
        such spent nuclear fuel or high-level radioactive wastes, to 
        the Secretary shall have no further financial obligation under 
        this paragraph 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 subsection (a).
                  ``(B) Precondition.--The Commission, as it deems 
                necessary or appropriate, may require as a precondition 
                to the issuance or renewal of a license under section 
                103 or 104 of the Atomic Energy Act of 1954 (42 U.S.C. 
                2133, 2134) that the applicant for such license shall 
                have entered into an agreement with the Secretary for 
                the disposal of spent nuclear fuel and high-level 
                radioactive waste that may result from the use of such 
                license.
          ``(2) Disposal in repository.--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, 
        in 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 this 
                Act;
                  ``(B) any appropriations made by the Congress before 
                the date of enactment of this Act to the Nuclear Waste 
                Fund;
                  ``(C) all interest paid on amounts invested by the 
                Secretary of the Treasury under paragraph (3)(B); and
                  ``(D) the one-time fees collected pursuant to 
                subsection (a)(3).
          ``(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 this Act 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 to design or construct packages 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.
  ``(g) Effective Date.--This section shall take effect October 1, 
1998, and section 302 of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10222) shall continue in effect until October 1, 1998.

``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 this Act, shall 
continue in effect subsequent to the date of enactment of this Act.
  ``(b) Functions of Director.--The Director of the Office shall be 
responsible for carrying out the functions of the Secretary under this 
Act, subject to the general supervision of the Secretary. The Director 
of the Office shall be directly responsible to the Secretary.
  ``(c) Audits.--
          ``(1) Standard.--The Office of Civilian Radioactive Waste 
        Management, its contractors, and subcontractors at all tiers, 
        shall conduct, or have conducted, audits and examinations of 
        their operations in accordance with the usual and customary 
        practices of private corporations engaged in large nuclear 
        construction projects consistent with its role in the program.
          ``(2) Time.--The management practices and performances of the 
        Office of Civilian Radioactive Waste Management shall be 
        audited every 5 years by an independent management consulting 
        firm with significant experience in similar audits of private 
        corporations engaged in large nuclear construction projects. 
        The first such audit shall be conducted 5 years after the date 
        of enactment of this Act.
          ``(3) 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.

``SEC. 403. DEFENSE CONTRIBUTION.

  ``(a) Allocation.--No later than one year from the date of enactment 
of this Act, 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, high-level 
radioactive waste from atomic energy defense activities, and spent 
nuclear fuel from foreign research reactors. The share of costs 
allocable to the management of spent nuclear fuel, high-level 
radioactive waste from atomic energy defense activities, and spent 
nuclear fuel from foreign research reactors shall include--
          ``(1) an appropriate portion of the costs associated with 
        research and development activities with respect to development 
        of 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 materials described in 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, and spent nuclear fuel 
from foreign research reactors requiring management in the integrated 
management system.
  ``(d) Authorization.--There is authorized to be appropriated to the 
Secretary, from general revenues, for carrying out the purposes of this 
Act, such sums as may be necessary to pay the costs of the management 
of spent nuclear fuel and high-level radioactive waste from atomic 
energy defense activities 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 of 1954 (42 U.S.C. 2011 et 
seq.) and this Act, the Secretary shall comply only with the 
requirements of the Atomic Energy Act of 1954 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. WATER RIGHTS.

  ``(a) No Federal Reservation.--Nothing in this Act or any other Act 
of Congress shall constitute or be construed to constitute either an 
express or implied Federal reservation of water or water rights for any 
purpose arising under this Act.
  ``(b) Acquisition and Exercise of Water Rights Under Nevada Law.--The 
United States may acquire and exercise such water rights as it deems 
necessary to carry out its responsibilities under this Act pursuant to 
the substantive and procedural requirements of the State of Nevada. 
Nothing in this Act shall be construed to authorize the use of eminent 
domain by the United States to acquire water rights.
  ``(c) Exercise of Water Rights Generally Under Nevada Laws.--Nothing 
in this Act shall be construed to limit the exercise of water rights as 
provided under Nevada State laws.

``SEC. 503. JUDICIAL REVIEW OF AGENCY ACTIONS.

  ``(a) Jurisdiction of United States Courts of Appeals.--
          ``(1) Original and exclusive jurisdiction.--Except for review 
        in the Supreme Court of the United States, and except as 
        otherwise provided in this Act, the United States courts of 
        appeals shall have original and exclusive jurisdiction over any 
        civil action--
                  ``(A) for review of any final decision or action of 
                the Secretary, the President, or the Commission under 
                this Act;
                  ``(B) alleging the failure of the Secretary, the 
                President, or the Commission to make any decision, or 
                take any action, required under this Act;
                  ``(C) challenging the constitutionality of any 
                decision made, or action taken, under any provision of 
                this Act; or
                  ``(D) for review of any environmental impact 
                statement prepared or environmental assessment made 
                pursuant to the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.) with respect to any 
                action under this Act or alleging a failure to prepare 
                such statement with respect to any such action.
          ``(2) Venue.--The venue of any proceeding under this section 
        shall be in the judicial circuit in which the petitioner 
        involved resides or has its principal office, or in the United 
        States Court of Appeals for the District of Columbia.
  ``(b) Deadline for Commencing Action.--A civil action for judicial 
review described under subsection (a)(1) may be brought no later than 
180 days after the date of the decision or action or failure to act 
involved, as the case may be, except that if a party shows that the 
party did not know of the decision or action complained of or of the 
failure to act, and that a reasonable person acting under the 
circumstances would not have known of such decision, action, or failure 
to act, such party may bring a civil action no later than 180 days 
after the date such party acquired actual or constructive knowledge of 
such decision, action, or failure to act.
  ``(c) Application of Other Law.--The provisions of this section 
relating to any matter shall apply in lieu of the provisions of any 
other Act relating to the same matter.

``SEC. 504. LICENSING OF FACILITY EXPANSIONS AND TRANSSHIPMENTS.

  ``(a) Oral Argument.--In any Commission hearing under section 189 of 
the Atomic Energy Act of 1954 (42 U.S.C. 2239) on an application for a 
license, or for an amendment to an existing license, filed after 
January 7, 1983, to expand the spent nuclear fuel storage capacity at 
the site of a civilian nuclear power reactor, through the use of high-
density fuel storage racks, fuel rod compaction, the 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) Priority ranking.--Acceptance priority ranking shall be 
        determined by the Department's `Acceptance Priority Ranking' 
        report.
          ``(2) Acceptance rate.--Except as provided in paragraph (5), 
        the Secretary's acceptance rate for spent nuclear fuel shall be 
        no less than the following: 1,200 MTU in 2002 and 1,200 MTU in 
        2003, 2,000 MTU in 2004 and 2,000 MTU in 2005, 2,700 MTU in 
        2006, and 3,000 MTU thereafter.
          ``(3) Other acceptances.--In each year, once the Secretary 
        has achieved the annual acceptance rate for spent nuclear fuel 
        from civilian nuclear power reactors established pursuant to 
        the contracts executed under the Nuclear Waste Policy Act of 
        1982 (as set forth in the Secretary's annual capacity report 
        dated March 1995 (DOE/RW-0457)), the Secretary--
                  ``(A) shall accept from spent nuclear fuel from 
                foreign research reactors and spent nuclear fuel from 
                naval reactors and high-level radioactive waste from 
                atomic energy defense activities, an amount of spent 
                nuclear fuel and high-level radioactive waste which 
                is--
                          ``(i) at least 25 percent of the difference 
                        between such annual acceptance rate and the 
                        annual rate specified in paragraph (2), or
                          ``(ii) 5 percent of the total amount of spent 
                        nuclear fuel and high-level radioactive waste 
                        actually accepted,
                whichever is higher. If such amount is less than the 
                rate prescribed in the preceding sentence, the 
                Secretary shall accept spent nuclear fuel or high-level 
                radioactive waste of domestic origin from civilian 
                nuclear power reactors which have permanently ceased 
                operation; and
                  ``(B) may, additionally, accept any other spent 
                nuclear fuel or high-level radioactive waste.
          ``(4) Exception.--If the annual rate under the acceptance 
        schedule is not achieved, the acceptance rate of the Secretary 
        of the materials described in paragraph (3)(A) shall be the 
        greater of the acceptance rate prescribed by paragraph (3) and 
        calculated on the basis of the amount of spent nuclear fuel and 
        high-level radioactive waste actually received or 5 percent of 
        the total amount of spent nuclear fuel and high-level 
        radioactive waste actually accepted.
          ``(5) Adjustment.--If the Secretary is unable to begin 
        acceptance by January 31, 2002 at the rate specified in 
        paragraph (2) or if the cumulative amount accepted in any year 
        thereafter is less than that which would have been accepted 
        under the rate specified in paragraph (2), the acceptance 
        schedule shall, to the extent practicable, be adjusted upward 
        such that within 5 years of the start of acceptance by the 
        Secretary--
                  ``(A) the total quantity accepted by the Secretary is 
                consistent with the total quantity that the Secretary 
                would have accepted if the Secretary had begun 
                acceptance in 2002; and
                  ``(B) thereafter the acceptance rate is equivalent to 
                the rate that would be in place pursuant to paragraph 
                (2) if the Secretary had commenced acceptance in 2002.
          ``(6) Effect on schedule.--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 this Act, shall continue in effect subsequent to 
the date of enactment of this Act.
  ``(b) Members.--
          ``(1) Number.--The Board shall consist of 11 members who 
        shall be appointed by the President not later than 90 days 
        after December 22, 1987, from among persons nominated by the 
        National Academy of Sciences in accordance with paragraph (3).
          ``(2) Chair.--The President shall designate a member of the 
        Board to serve as Chairman.
          ``(3) National academy of sciences.--
                  ``(A) Nominations.--The National Academy of Sciences 
                shall, not later than 90 days after December 22, 1987, 
                nominate not less than 22 persons for appointment to 
                the Board from among persons who meet the 
                qualifications described in subparagraph (C).
                  ``(B) Vacancies.--The National Academy of Sciences 
                shall nominate not less than 2 persons to fill any 
                vacancy on the Board from among persons who meet the 
                qualifications described in subparagraph (C).
                  ``(C) Nominees.--
                          ``(i) Each person nominated for appointment 
                        to the Board shall be--
                                  ``(I) eminent in a field of science 
                                or engineering, including environmental 
                                sciences; and
                                  ``(II) selected solely on the basis 
                                of established records of distinguished 
                                service.
                          ``(ii) The membership of the Board shall be 
                        representatives of the broad range of 
                        scientific and engineering disciplines related 
                        to activities under this title.
                          ``(iii) No person shall be nominated for 
                        appointment to the Board who is an employee 
                        of--
                                  ``(I) the Department of Energy;
                                  ``(II) a national laboratory under 
                                contract with the Department of Energy; 
                                or
                                  ``(III) an entity performing spent 
                                nuclear fuel or high-level radioactive 
                                waste activities under contract with 
                                the Department of Energy.
          ``(4) Vacancies.--Any vacancy on the Board shall be filled by 
        the nomination and appointment process described in paragraphs 
        (1) and (3).
          ``(5) Terms.--Members of the Board shall be appointed for 
        terms of 4 years, each such term to commence 120 days after 
        December 22, 1987, except that of the 11 members first 
        appointed to the Board, 5 shall serve for 2 years and 6 shall 
        serve for 4 years, to be designated by the President at the 
        time of appointment, except that a member of the Board whose 
        term has expired may continue to serve as a member of the Board 
        until such member's successor has taken office.

``SEC. 603. FUNCTIONS.

  ``The Board shall evaluate the technical and scientific validity of 
activities undertaken by the Secretary after December 22, 1987, 
including--
          ``(1) site characterization activities; and
          ``(2) activities relating to the packaging or transportation 
        of spent nuclear fuel or high-level radioactive waste.

``SEC. 604. INVESTIGATORY POWERS.

  ``(a) Hearings.--Upon 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, subject to 
appropriations, be paid at the rate of pay payable for level III of the 
Executive Schedule for each day (including travel time) such member is 
engaged in the work of the Board.
  ``(b) Travel Expenses.--Each member of the Board may 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, subject to appropriations, appoint and fix the 
        compensation of such clerical staff as may be necessary to 
        discharge the responsibilities of the Board.
          ``(2) Provisions of title 5.--Clerical staff shall be 
        appointed subject to the provisions of title 5, United States 
        Code, governing appointments in the competitive service, and 
        shall be paid in accordance with the provisions of chapter 51 
        and subchapter III of chapter 3 of such title relating to 
        classification and General Schedule pay rates.
  ``(b) Professional Staff.--
          ``(1) Authority of chairman.--Subject to paragraphs (2) and 
        (3), the Chairman may, subject to appropriations, appoint and 
        fix 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, subject to appropriations, 
procure temporary and intermittent services under section 3109(b) of 
title 5 of the United States Code, but at rates for individuals not to 
exceed the daily equivalent of the maximum annual rate of basic pay 
payable for GS-18 of the General Schedule.

``SEC. 608. REPORT.

  ``The Board shall report not less than 2 times per year to Congress 
and the Secretary its findings, conclusions, and recommendations.

``SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

  ``There are authorized to be appropriated for expenditures such sums 
as may be necessary to carry out the provisions of this title.

``SEC. 610. TERMINATION OF THE BOARD.

  ``The Board shall cease to exist not later than one year after the 
date on which the Secretary begins disposal of spent nuclear fuel or 
high-level radioactive waste in the repository.

                     ``TITLE VII--MANAGEMENT REFORM

``SEC. 701. MANAGEMENT REFORM INITIATIVES.

  ``(a) In General.--The Secretary is directed to take actions as 
necessary to improve the management of the civilian radioactive waste 
management program to ensure that the program is operated, to the 
maximum extent practicable, in like manner as a private business.
  ``(b) Site Characterization.--The Secretary shall employ, on an on-
going basis, integrated performance modeling to identify appropriate 
parameters for the remaining site characterization effort and to 
eliminate studies of parameters that are shown not to affect long-term 
repository performance.

``SEC. 702. REPORTING.

  ``(a) Initial Report.--Within 180 days of the date of enactment of 
this Act, the Secretary shall report to Congress on its planned actions 
for implementing the provisions of this Act, including the development 
of the Integrated Waste Management System. Such report shall include--
          ``(1) an analysis of the Secretary's progress in meeting its 
        statutory and contractual obligation to accept title to, 
        possession of, and delivery of spent nuclear fuel and high-
        level radioactive waste beginning no later than January 31, 
        2002, 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 this Act, the contracts 
executed under section 302(a) of the Nuclear Waste Policy Act of 1982 
shall continue in effect under this Act in accordance with their terms 
except to the extent that the contracts have been modified by the 
parties to the contract.

                          Purpose and Summary

     The purpose of H.R. 1270, the Nuclear Waste Policy Act of 
1997, 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 nuclear fuel and waste generated by the 
U.S. Department of Energy (DOE) and the U.S. Department of 
Defense (DOD). The legislation also replaces the current fixed 
funding mechanism of the Nuclear Waste Fund with an annual fee 
paid by utility ratepayers based on the actual expenditures of 
the integrated management system.

                  Background and Need for Legislation

     The need to revise the current Nuclear Waste Policy Act, 
as reflected in the changes proposed by H.R. 1270, is based on 
three fundamental realities. First, the development of the 
permanent repository, originally scheduled to begin operations 
in 1998, has been hopelessly derailed by past mismanagement and 
political paralysis. Legislation is necessary to streamline the 
current statute and bolster the repository program to allow for 
a more expedited consideration of the Yucca Mountain site and 
development of a permanent repository. Second, the current 
Nuclear Waste Fund financing mechanism creates an incentive to 
underfund the repository program. Revision of the funding 
mechanism is a desperately needed reform to protect utility 
customers from the diversion of their ratepayer dollars and to 
encourage a more robust repository program. Third, it is clear 
that the Department of Energy will default on its statutory 
responsibility to begin acceptance of spent nuclear fuel from 
commercial utilities beginning in 1998. Statutory changes are 
required to authorize DOE to construct a Federal interim 
storage facility which will allow DOE to discharge this 
responsibility in a safe, responsible and organized manner.

                    I. The Nuclear Waste Policy Act

    The Nuclear Waste Policy Act of 1982 (P.L. 97-425, as 
amended) 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 of 1980 (P.L. 96-573, as 
amended), 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 waste 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 belief that the most effective 
method of permanent disposal for high-level radioactive waste 
is deep geologic storage, which would isolate radioactive 
materials underground.
    In order to ensure adequate financing for the program, 
Congress established the Nuclear Waste Fund (the Fund), which 
is financed by a tax of one mill per kilowatt-hour of 
electricity generated by civilian nuclear power reactors and 
sold to utility customers. 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 August 
1997, ratepayers had paid over $8.5 billion into the Fund. 
Including interest earned and payments owed, the Fund had 
raised nearly $12 billion as of August 1997. Of this total, 
just over $4.8 billion has been expended from the Fund on 
program activities. The balance has been diverted to other 
Federal spending as a result of the budget process.
    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 
largely been unsuccessful. Although several sites had received 
initial scrutiny for possible study, DOE suspended the search 
for a second repository. Congress was prompted to approve 
amendments to the Nuclear Waste Policy Act in 1987 (P.L. 100-
202 and P.L. 100-203) which: dropped plans for the second 
repository and concentrated 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, no MRS facility has been developed to date.

                II. Progress at the Yucca Mountain Site

    The site characterization program at Yucca Mountain has 
long been plagued by a host of management and funding 
difficulties. Under the 1982 Act, operation of a permanent 
repository was to begin in 1998. Now, just a few months before 
that date, DOE estimates that a repository at the Yucca 
Mountain site, pending a favorable site suitability 
determination, would not become operational until 2010 at the 
earliest--12 years behind schedule. Improvements have been made 
to the program which have increased the pace of activity in 
recent years. Under the direction of former Director Daniel 
Dreyfus, the Office of Civilian Radioactive Waste Management 
(OCRWM) underwent a significant reevaluation of the program, 
and a number of changes were made which have vastly improved 
the site characterization program. DOE established a Program 
Approach to re-order schedules and deadlines to conform with 
Congressional funding, allowing the program to set more 
realistic dates for the completion of site activities. Today, 
site characterization activities are generally on or ahead of 
this revised schedule. For example, the tunnel boring machine, 
which has been excavating the area for the exploratory study 
facility, completed its five mile loop of tunnel in April 1997, 
several months ahead of schedule. A host of repository 
characterization studies, including thermal loading of 
repository level rock formations, is currently underway.
    DOE has also begun a more cooperative process toward 
licensing of the Yucca Mountain facility by the Nuclear 
Regulatory Commission (NRC). Under its present schedule, DOE is 
expected to conclude its viability assessment of the Yucca 
Mountain site in 1998. Following a final site suitability 
determination in 2001, a construction license application would 
be submitted to the NRC by the year 2002. 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 Commercial Interim Storage Practices

    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. This is particularly 
relevant with respect to the responsibility of DOE to begin 
acceptance of commercial spent nuclear fuel in 1998, as 
specified in its contracts with individual utilities. In July 
1996, the U.S. Court of Appeals for the District of Columbia 
Circuit, in Indiana Michigan Power Company v. U.S. Department 
of Energy, determined that the Nuclear Waste Policy Act 
``creates an obligation in DOE, reciprocal to the utilities'' 
obligation to pay, to start disposing of the [spent nuclear 
fuel] no later than January 31, 1998.'' Litigation to establish 
a remedy for the anticipated failure of DOE to fulfill that 
obligation is currently pending in Federal court.
    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 rods in a container of steel or steel-reinforced concrete. 
Currently, the NRC has approved seven dry cask storage designs, 
and has issued licenses for 10 reactor sites to utilize dry 
spent fuel storage.
    The NRC, in its testimony before the Subcommittee on Energy 
and Power, stated that 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. The NRC testified that storage of 
spent nuclear fuel at shut-down reactors was the only situation 
involving potential safety problems. According to the NRC, this 
is a result not of the storage technology, but of the prospect 
of 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. High-Level Radioactive Waste from Federal Research and Atomic 
                       Energy Defense Activities

    An important element in the permanent repository program is 
the future disposition of waste from Federal nuclear 
activities. The sources of these wastes are varied. Research 
reactors owned by DOE and universities utilize nuclear fuel, 
which is transferred to the Department upon removal. The 
Federal government is also responsible for the disposition of 
U.S.-produced nuclear fuel used in dozens of foreign research 
reactors across the globe. The U.S. Navy utilizes nuclear 
reactors for power and propulsion in submarines and large 
surface vessels, and the spent nuclear fuel from these reactors 
is transferred to DOE. The bulk of DOE's high-level wastes, 
however, are a result of the Department's efforts to provide 
research and materials for the Nation's nuclear weapons 
program. DOE currently estimates it has about 25,000 metric 
tons of high-level radioactive waste and 2,600 metric tons 
heavy metal (MTHM) of spent naval nuclear reactor fuel which 
will be eligible for disposal in a repository.
    The presence of these wastes, located at 17 sites in 13 
States, is an important environmental protection issue. Many of 
the high-level wastes are 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 complicate future 
cleanup efforts.

                      V. Ratepayer Considerations

    Under the Nuclear Waste Policy Act of 1982, the high-level 
radioactive waste disposal program was to have been funded 
solely by the beneficiaries of the facility--those utility 
customers receiving electricity from nuclear power plants. 
However, statutory changes in the Nation's budget laws since 
passage of the Nuclear Waste Policy Act in 1982 resulted in the 
diversion of dedicated consumer contributions to fund unrelated 
Federal programs. The importance of this issue has not been 
lost on ratepayer groups. In its testimony before the 
Subcommittee on Energy and Power, the National Association of 
Regulatory Utility Commissioners (NARUC) stated that the 
current situation represents a ``rip-off of the highest 
magnitude,'' and that ``[p]ayments into the Nuclear Waste Fund 
must be used for their intended purpose.''
    Under current budget rules, the fee collection system lends 
itself to such diversion. Currently, utility customers are 
assessed a flat fee of one mill (one-tenth of a cent) per 
kilowatt-hour generated and sold. The fee generates an average 
of $630 million per year. Of this total, only a fraction is 
actually spent on the nuclear waste disposal program. In Fiscal 
Year 1998, for example, only $160 million of the ratepayer 
contribution will be spent on the waste program. The remainder, 
$470 million, will be spent on other Federal activities.
    Under H.R. 1270, the current mandatory fee would be 
replaced with a discretionary user fee. This annual fee would 
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 payments 
for the disposal of defense-related wastes. DOE would assess an 
annual fee on each civilian nuclear power reactor based on the 
amount of electricity generated and sold, and ratepayers would 
pay an adjustable amount based on actual spending on the high-
level radioactive waste disposal program. Most importantly, 
user fees cannot be diverted to unrelated programs.
    With this reform, consumers served by nuclear utilities 
would no longer pay more than they receive in program funding. 
These consumers will receive a dollar of funding for every 
dollar they contribute. Further, the potential for 
shortchanging the repository program in order to fund other 
Federal activities would be eliminated, since these funds could 
no longer be diverted from the waste program.
    With strong oversight by the Congressional authorizing 
committees and the scrutiny of ratepayer protection groups and 
utilities, the high-level radioactive waste disposal program 
should operate in a more responsible, more responsive, and 
leaner fashion. Funding for the waste program under H.R. 1270 
will still be subject to the appropriations process, allowing 
Congress to maintain oversight of program expenditures and 
priorities. The combination of statutory reform, strong 
oversight, and continued improvement at DOE will allow the 
waste disposal program to operate more effectively toward the 
goal of repository development.

  VI. Transportation of Spent Nuclear Fuel and High-Level Radioactive 
                                 Waste

    The Nation's experience provides a high degree of 
confidence that spent nuclear fuel and high-level radioactive 
waste can be transported safely and without a negative impact 
on human health and the environment. The regulatory regime for 
radioactive materials transport has worked very well. Over the 
past 30 years, there have been over 2,500 shipments of spent 
nuclear fuel in the United States. Since 1957, there have been 
667 shipments of Navy spent fuel over 1 million miles. In the 
last 22 years, DOE has transported nuclear weapons and special 
nuclear materials nearly 100 million miles. In all of these 
instances, there has never been an accident involving these 
materials which resulted in a release of radioactivity.
    Once acceptance of spent nuclear fuel and interim storage 
facility operations commence, DOE anticipates that there will 
be about 300 shipments per year, about a half million miles per 
year. As the proven track record of safe shipments of 
radioactive materials demonstrates, the current regulatory 
regime governing nuclear materials transport works well. Given 
the impressive record of the current nuclear materials 
regulatory regime, it would be a mistake to abandon that regime 
and invent a new ad hoc regulatory structure.
    Under current law, the U.S. Department of Transportation 
(DOT) has primary responsibility for regulating the safe 
transportation of hazardous materials, including nuclear waste. 
Nuclear waste transportation is governed by the Hazardous 
Materials Transportation Act of 1975 (P.L. 93-633, as amended) 
(HMTA) which authorizes DOT to promulgate regulations for the 
safe transport of hazardous materials, including radioactive 
materials. DOT hazardous materials regulations address 
packaging, marking, labeling, placarding, and highway routing. 
The NRC regulates and licenses the receipt, possession, use, 
and transfer (including transportation) of source, by-product, 
and special nuclear material under the Atomic Energy Act of 
1954. The NRC has issued radioactive materials transportation 
regulations that include requirements for packaging and 
physical security, and certifies casks used for spent nuclear 
fuel shipments.
    H.R. 1270, like the current Nuclear Waste Policy Act, 
relies on the preexisting nuclear transportation statutory and 
regulatory scheme of the HMTA. This reflects a recognition that 
the existing statutory and regulatory regime has been in place 
for decades, and has produced an admirable record of safe 
transportation of nuclear materials. Congress has decided to 
rely on a proven regulatory system, rather than invent a 
duplicative regime that may not produce the same safety record. 
Section 105(b) of the HMTA allows States and Indian tribes to 
establish specific highway routes over which hazardous 
materials may and may not be transported by motor vehicles in 
the area which is subject to the jurisdiction of such State and 
Indian tribe.

                 VII. 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.
    A 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 throughout the Nation. At hearings before 
the Subcommittee on Energy and Power, the NRC 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 
$12 billion in ratepayer funds already collected, and the $5.7 
billion spent on the program.
    Providing for the interim storage of waste, on a limited 
basis subject to strict caps on volumes, will improve DOE's 
existing program as part of an integrated management system. 
The Committee intends that interim storage complement the 
objective 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 hearing on the 
status of the nuclear waste disposal program, the current 
Nuclear Waste Policy Act, and the changes proposed in H.R. 
1270, the Nuclear Waste Policy Act of 1997, on April 29, 1997. 
The Subcommittee received testimony from the following 
witnesses: The Honorable John Ensign, U.S. Representative, 
First District, State of Nevada; The Honorable James A. 
Gibbons, U.S. Representative, Second District, State of Nevada; 
The Honorable Gil Gutknecht, U.S. Representative, First 
District, State of Minnesota; The Honorable Richard H. Bryan, 
U.S. Senator, State of Nevada; The Honorable Harry Reid, U.S. 
Senator, State of Nevada; The Honorable Rod Grams, U.S. 
Senator, State of Minnesota; The Honorable Shirley Jackson, 
Chairman, U.S. Nuclear Regulatory Commission; The Honorable Ed 
McGaffigan, Commissioner, U.S. Nuclear Regulatory Commission; 
Mr. Lake Barrett, Acting Director, Office of Civilian 
Radioactive Waste Disposal, U.S. Department of Energy; Dr. 
Jared Cohon, Chairman, Nuclear Waste Technical Review Board; 
The Honorable Warren D. Arthur IV, Commissioner, South Carolina 
Public Service Commission; Mr. Don Keskey, Assistant Attorney 
General in Charge, Public Service Division, State of Michigan, 
Mr. Bill Magavern, Director, Critical Mass Energy Project, 
Public Citizen; and Mr. Michael Morris, President and Chief 
Executive Officer, Consumers Energy Company.

                        Committee Consideration

    On July 31, 1997, the Subcommittee on Energy and Power met 
in open markup session and approved H.R. 1270, the Nuclear 
Waste Policy Act of 1997, for Full Committee consideration, 
amended, by a roll call vote of 21 yeas to 3 nays. On September 
18, 1997, the Full Committee met in open markup session and 
ordered the bill H.R. 1270, amended, reported to the House by a 
roll call vote of 43 yeas to 3 nays.

                             Rollcall Votes

    Clause 2(l)(2)(B) of rule XI of the Rules of the House 
requires the Committee to list the recorded votes on the motion 
to report legislation and amendments thereto. The following are 
the recorded votes on the motion to report H.R. 1270 and on 
amendments offered to the measure, including the names of those 
Members voting for and against.


           COMMITTEE ON COMMERCE--105TH CONGRESS, VOICE VOTES

    Bill: H.R. 1270, Nuclear Waste Policy Act of 1997.
    Amendment: Amendment in the Nature of a Substitute by Mr. 
Schaefer.
    Dispostion: Agreed to, by a voice vote.
    Amendment: Amendment to the Schaefer Amendment in the 
Nature of a Substitute by Mr. Sawyer re: impose new 
transportation routing requirements.
    Disposition: Not Agreed to, by a voice vote.
    Amendment: Amendment to the Schaefer Amendment in the 
Nature of a Substitute by Ms. DeGette re: strike environmental 
impact statement provisions.
    Disposition: Not agreed to, by a voice vote.
    Amendment: Amendment to the Schaefer Amendment in the 
Nature of a Substitute by Ms. McCarthy re: impose consultation 
requirements along spent nuclear fuel and high-level 
radioactive waste transportation routes.
    Disposition: Withdrawn, by unanimous consent.
    Amendment: Amendment to the Schaefer Amendment in the 
Nature of a Substitute by Ms. McCarthy re: condition spent 
nuclear fuel and high-level radioactive waste shipments on 
availability of technical assistance and funds for training.
    Disposition: Not agreed to, by a voice vote.
    Amendment: Amendment to the Schaefer Amendment in the 
Nature of a Substitute by Mr. Engel re: direct DOE to pay 
utilities the cost of on-site storage of spent nuclear fuel.
    Disposition: Withdrawn, by unanimous consent.
    Amendment: Amendment to the Schaefer Amendment in the 
Nature of a Substitute by Mr. Markey re: strike provisions 
capping fees paid by utility consumers for waste disposal 
purposes.
    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 Committee held a legislative 
hearing 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.

               New Budget Authority and Tax Expenditures

    In compliance with clause 2(l)(3)(B) of rule XI of the 
Rules of the House of Representatives, the Committee adopts as 
its own the statement with respect to new or increased budget 
authority or tax expenditures or revenues prepared by the 
Director of the Congressional Budget Office.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 403 of the Congressional Budget Act of 1974, with the 
following explanation.
    As originally envisioned in the Nuclear Waste Policy Act of 
1982, the Nuclear Waste Fund was to collect payments from 
utility customers to pay for their portion of the costs of the 
nuclear waste disposal program--from site characterization to 
operation to closure. Changes in the Federal budget process 
since 1982 have altered the nature of this fee collection so 
that a significant portion of the fees collected by ratepayers 
are utilized for general governmental spending--and in complete 
opposition to the original intent of the Nuclear Waste Policy 
Act of 1982, which envisioned that utility customers' dollars 
would be used solely for the purpose of developing, 
constructing, and operating a nuclear waste repository.
    This year provides an excellent case in point. Revenues 
produced by the mandatory fee will total $630 million. Of that 
total, only $160 million is expected to be spent on the nuclear 
waste program, leaving $470 million--almost 75 percent--to be 
credited to the Nuclear Waste Fund and then spent on other 
Federal activities. The source of this problem lies with the 
treatment of revenues as mandatory and spending as 
discretionary, which creates an incentive to limit nuclear 
waste disposal program funding in order to make these revenues 
available for other spending.
    To address this situation, it is necessary either to make 
spending mandatory, which reduces control over program 
spending, or make revenues discretionary, which entails the 
application of pay-as-you-go procedures. Neither of these 
choices are enviable; however, the Committee opted for a 
solution which ensures that consumer contributions would be 
applied to the nuclear waste disposal program while assuring 
that the discipline of the appropriations process would control 
program spending.
    To accomplish this, the Committee adopted a user fee 
approach to waste program funding. Under the Committee-approved 
bill, utility ratepayers would only be charged for actual 
program expenditures. This new approach takes the funding of 
the nuclear waste disposal program back to the manner in which 
it was originally intended to operate. DOE estimates that 
assessments from the new user fee, in combination with the 
remaining balance of the Nuclear Waste Fund, should be 
sufficient to ensure that utility customers pay their fair 
share of the total nuclear waste disposal program costs through 
repository closure in 2071.

                  Congressional Budget Office Estimate

    Pursuant to clause 2(l)(3)(C) of rule XI of the Rules of 
the House of Representatives, the 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, September 25, 1997.
Hon. Tom Bliley,
Chairman, Committee on Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1270, the Nuclear 
Waste Policy Act of 1997.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Kim Cawley 
(for federal costs), Marjorie Miller (for the state and local 
impact), and Lesley Frymier (for the private-sector impact).
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).
    Enclosure.

H.R. 1270--Nuclear Waste Policy Act of 1997

    Summary: H.R. 1270 would amend the Nuclear Waste Policy Act 
by directing the Department of Energy (DOE) to begin storing 
spent nuclear fuel and high-level nuclear waste at an interim 
facility in Nevada no later than January 31, 2002. The bill 
would direct DOE to continue site characterization activities 
at the proposed permanent repository site at Yucca Mountain, 
also in Nevada. Title IV would modify how the nuclear waste 
program is funded after 1998.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing H.R. 1270 would cost about $3.1 
billion over the 1998-2002 period. We also estimate that about 
$1.2 billion of this cost would be offset by collections from 
nuclear electric utilities, so that the net authorization of 
appropriations under H.R. 1270 would be about $1.9 billion over 
the five-year period. In addition, enacting the bill would 
affect direct spending; therefore, pay-as-you-go procedures 
would apply. Specifically, the bill would increase offsetting 
receipts in 2002 and reduce them in all other years beginning 
in 1999. CBO estimates that the net change in direct spending 
over the 1998-2002 period would be a reduction in outlays (that 
is, a net increase in offsetting receipts) of about $0.2 
billion.
    H.R. 1270 contains intergovernmental mandates as defined in 
the Unfunded Mandates Reform Act of 1995 (UMRA). CBO estimates 
that these mandates would impose costs on state governments 
exceeding the threshold established in the law. (UMRA set a 
threshold of $50 million for 1996, adjusted annually for 
inflation).
    CBO has identified private-sector mandates in the bill that 
would accelerate the payment of certain fees by private nuclear 
utilities and impose new training standards and requirements on 
workers. CBO estimates that the direct costs of these private-
sector mandates would exceed the statutory threshold ($100 
million in 1996, adjusted annually for inflation) established 
in UMRA in 2002. Because the bill would direct the federal 
government to being storing nuclear waste at an earlier date 
than is now anticipated, the direct costs of these newmandates 
could be at least partially offset by savings to private nuclear 
utilities that would no longer have to pay for such storage.
    Estimated cost to the Federal Government: H.R. 1270 would 
affect direct spending in each year, beginning in 1999, by 
ending the existing mandatory nuclear waste fee, which is 
currently set at a rate of 1 mill (one-tenth of one cent) per 
kilowatt-hour (kwh) of electricity sold by operators of nuclear 
powerplants. Forgone receipts from ending the mandatory fee 
would total about $630 million annually beginning in 1999. 
Income from this fee would be replaced, at least in part, by 
receipts from fees linked to the amount of spending from the 
nuclear waste fund, as discussed below. In addition, section 
401 would result in an increase in offsetting receipts in 2002 
because it would require certain utilities to make a one-time 
payment of nuclear waste fees to the government--totaling about 
$2.7 billion--before the end of fiscal year 2002. Under current 
law, this payment is not expected to be made until 2010 or 
later.
    CBO estimates that building and operating an interim 
storage facility and continuing the study of the Yucca Mountain 
site as authorized by the bill would require gross 
appropriations of about $3.1 billion over the 1998-2002 period. 
Based on the requirement in section 401(b)(4) of the bill, and 
on information from the Department of Energy, CBO estimates 
that the bill would authorize appropriations of about $1.9 
billion from the general fund of the Treasury to pay for the 
program costs that are attributable to the disposal of nuclear 
waste resulting from U.S. defense operations. The remaining 
$1.2 billion in estimated funding for the nuclear waste program 
over the 1998-2002 period would be covered by fee charged to 
the nuclear utility industry as provided in section 401(a)(2) 
of the bill. Thus, the estimated net authorization under H.R. 
1270 would be about $1.9 billion over the next five years.
    The estimated budgetary impact of H.R. 1270 over the 1998-
2002 period is shown in the following table.

                                     [By fiscal year, in million of dollars)                                    
----------------------------------------------------------------------------------------------------------------
                                              1996      1997      1998      1999      2000      2001      2002  
----------------------------------------------------------------------------------------------------------------
                                           CHANGES IN DIRECT SPENDING                                           
                                                                                                                
Change in offsetting receipts from the                                                                          
 nuclear waste fees:                                                                                            
    Estimated budget authority............         0         0         0       630       630       630    -2,070
    Estimated outlays.....................         0         0         0       630       630       630    -2,070
                                                                                                                
                                        SPENDING SUBJECT TO APPROPRIATION                                       
                                                                                                                
Spending on the nuclear waste program                                                                           
 under current law:                                                                                             
    Budget authority\1\...................       399       382         0         0         0         0          
    Estimated outlays.....................       346       375        38         0         0         0         0
Proposed changes:                                                                                               
    Estimated authorization level.........         0         0       385       635       675       610       765
    Less: offsetting collections..........         0         0         0      -260      -300      -235      -390
                                           ---------------------------------------------------------------------
      Net authorization level.............         0         0       385       375       375       375       375
Estimated outlays.........................         0         0       329       338       375       375       375
Net spending for the nuclear waste program                                                                      
 under H.R. 1270:                                                                                               
    Estimated authorization level\1\......       399       382       385       375       375       375       375
    Estimated outlays.....................       346       375       367       338       375       375       375
----------------------------------------------------------------------------------------------------------------
\1\ The 1996 and 1997 levels are the amounts appropriated for those years.                                      

    The costs of this legislation fall within budget functions 
050 (defense) and 270 (energy).

Basis of estimate

    This estimate is based on DOE's program plan issued on May 
6, 1996, and on information from the department concerning the 
costs of an interim storage facility. For purposes of the 
estimate, CBO assumes that H.R. 1270 will be enacted early in 
fiscal year 1998, and that the department will proceed to 
develop an interim storage facility in Nevada to accept waste 
beginning in fiscal year 2002, as authorized by the bill. We 
assume that following the assessment of the viability of the 
Yucca Mountain site as a permanent waste repository, DOE would 
apply for a license from the Nuclear Regulatory Commission 
(NRC) to construct a permanent nuclear waste repository there 
in 2002, as detailed in the May 6, 1996, nuclear waste program 
plan.
            Direct spending
    Starting in fiscal year 1999, section 401(a)(2) would limit 
the aggregate fees the government charges each year to electric 
utilities for disposal of nuclear waste to no more than the 
amount appropriated from the nuclear waste fund that year. CBO 
estimates that, under current law, income from these fees would 
total $630 million annually over the 1998-2007 period and would 
decline in subsequent years as nuclear power plants are 
decommissioned. Because H.R. 1270 would make annual fees 
dependent on future appropriations action after 1999, CBO 
cannot assume their collection for the purpose of estimating 
the budgetary impact of the bill. Therefore, we estimate that 
the bill would cause a loss of offsetting receipts (that is, an 
increase in direct spending) of $630 million a year from 1999 
through 2007, and of smaller amounts in subsequent years.
    Section 401(a)(3) would result in an earlier payment by 
utilities to the government of about $2.7 billion in one-time 
nuclear waste disposal fees. The bill would require these fees 
to be paid no later than the end of fiscal year 2002. Utilities 
that fail to make these payments in 2002 would have their 
nuclear operating permits suspended by the Nuclear Regulatory 
Commission. Under current law, these one-time fee payments, 
along with accrued interest, are due prior to the delivery of 
nuclear waste to a government storage or disposal facility. 
Currently, DOE does not expect such a facility to be available 
until 2010 or later. Thus, the bill would accelerate the 
payment of these one-time fees by at least eight years. While 
this change would result in budgetary savings in 2002, the 
government would derive no significant benefit over the long 
run because it would otherwise receive the same amount later, 
with interest.
    In sum, CBO estimates that enacting the bill would decrease 
direct spending by $2.7 billion in 2002, but would increase 
direct spending by $5.7 billion over the 1999-2007 period.
            Spending subject to appropriation
    Yucca Mountain--H.R. 1270 would direct DOE to proceed with 
its Civilian Radioactive Waste Management Program Plan of May 
1996. This plan calls for continuing to evaluate the Yucca 
Mountain site as a permanent repository for nuclear waste, and 
applying for a license from the NRC to construct a repository 
in 2002, if the site appears to be viable for this use. Based 
on information from DOE, we estimate this effort would cost an 
average of about $335 million annually over the 1998-2002 
period. Additional costs would be incurred after 2002 to 
construct and operate a nuclear waste depository at Yucca 
Mountain if the NRC issues a license to the department.
    Interim Storage Facility--The bill would require DOE to 
design and develop an interim nuclear waste storage facility at 
the Nevada test site. Based on information from DOE, we 
estimate the gross costs of building, operating, and 
transporting nuclear waste to the Nevada facility would be 
about $1.5 billion over the 1998-2002 period, including $85 
million appropriated in 1996. (Spending from the existing $85 
million appropriation is contingent upon enactment of an 
authorization of an interim nuclear waste repository, such as 
H.R. 1270.)
    A large portion of the costs would be for shipping the 
nuclear waste to the interim facility because the federal 
government would be responsible for all costs for transporting 
the waste from nuclear reactors to the facility by rail and 
heavy-haul trucks. Procurement of special shipping casts and 
waste storage canisters would account for most of the initial 
transportation costs. Based on information from DOE, CBO 
estimates that gross costs for waste transportation would total 
$1.1 billion over the 1998-2002 period. This amount includes 
$10 million annually over the 1998-2001 period for grants to 
state, local, and tribal governments for emergency 
transportation planning and training of public safety personnel 
along routes used to ship waste to the Nevada facility.
    The facility would be built in two phases and designed to 
accept up to 50,000 metric tons of uranium. Initially, the 
facility would be designed to accept nuclear waste in special 
storage canisters; later it would accept fuel without 
canisters. Estimated costs include annual payments to both 
Lincoln and Nye counties in Nevada, of $2.5 million each before 
the first shipment of waste, and $5 million each after waste 
shipments begin, as authorized by section 201.
    Additional costs would be incurred after 2002 to complete 
and operate the interim waste facility as authorized by the 
bill. These costs, including the cost of transporting the 
waste, would exceed $1.5 billion from 2003 through 2007.
    Other Authorizations--Section 507 would direct the NRC to 
establish regulatory guidance for the training and 
qualifications of nuclear power plant personnel. This 
authorization could result in an increase in the NRC's 
workload, but would not result in a net cost to the government 
because the NRC recovers all costs of regulating the nuclear 
industry through user fees.
    Section 602 would authorize continuation of the oversight 
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 1998-2002 period, assuming 
appropriation of the necessary amounts.
    General Fund Appropriations and Nuclear Waste Fees--Under 
the nuclear waste program, DOE is charged with disposing of 
both spent fuel from commercial nuclear reactors in the United 
States and certain high-level nuclear waste generated by its 
own atomic defense program. H.R. 1270 would authorize the 
appropriation of such sums as are necessary to pay for the 
expenses of the nuclear waste program that are attributable to 
the disposal of DOE's defense-related wastes. In addition, the 
bill would not allow DOE to store or dispose of such waste at 
an interim storage facility or nuclear waste repository that 
would be developed under this bill unless DOE receives 
appropriations from the general fund of the Treasury to pay the 
costs attributable to its defense-related waste. (Fees paid by 
the utilities would cover the remaining costs.)
    Based on information from the DOE, it appears that, to 
date, the department has not received general fund 
appropriations to pay all of its share of the program costs. At 
the end of 1996, DOE estimates that the unpaid outstanding 
balance of program costs was about $1.3 billion, including 
interest on amounts not appropriated. Over the 1998-2002 
period, CBO estimates DOE's share of program costs will 
continue to grow at about $100 million annually. An annual 
appropriation of about $375 million over the 1998-2002 period 
would eliminate DOE's outstanding balance and keep its share of 
program costs current through 2002.
    Hence, for the purposes of this estimate, CBO assumes that 
part of the five-year cost of the nuclear waste program--$375 
million annually--would be paid for through appropriations from 
the general fund of the Treasury. The remaining costs under the 
bill would be paid through appropriations from the nuclear 
waste trust fund, and offset by collections from nuclear 
electric utilities, which we estimate would total $1.2 billion 
over the 1999-2002 period.
    Fees paid by the utilities could cover more of the costs if 
a greater share of the funding were derived from the nuclear 
waste trust fund. H.R. 1270 would authorize collections from 
nuclear electric utilities that would depend on the amount 
appropriated from the trust fund. These charges could not 
exceed 1.5 mills per kwh of electricity sold in any year, and 
such charges could average no more than 1 mill per kwh from 
1999 until the waste repository begins operations. CBO 
estimates that a fee of 1 mill per kwh--the current rate--would 
yield about $630 million annually. Thus, it would be possible 
to fund more of the nuclear waste program authorized by this 
bill through annual fees--without reducing the current rate 
charged to utilities--than we have assumed for purposes of this 
estimate.
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act of 1985 specifies pay-as-you-go 
procedures for legislation affecting direct spending or 
receipts. The projected changes in direct spending are shown in 
the table below for fiscal years 1998 through 2007. For 
purposes of enforcing pay-as-you-go procedures, however, only 
the effects in the budget year and the succeeding four years 
are counted.

                               SUMMARY OF EFFECTS ON DIRECT SPENDING AND RECEIPTS                               
                                    [By fiscal year, in millions of dollars]                                    
----------------------------------------------------------------------------------------------------------------
                                 1998    1999    2000    2001     2002     2003    2004    2005    2006    2007 
----------------------------------------------------------------------------------------------------------------
Changes in outlays:                                                                                             
    Annual nuclear waste fee..       0     630     630     630       630     630     630     630     630     630
    One-time nuclear waste fee       0       0       0       0    -2,700       0       0       0       0       0
                               ---------------------------------------------------------------------------------
      Total...................       0     630     630     630    -2,070     630     630     630     630     630
Changes in receipts...........                                                                                  
(9) Not applicable                                                                                              
----------------------------------------------------------------------------------------------------------------

    CBO estimates that enacting H.R. 1270 would increase direct 
spending by about $630 million annually over the 1999-2007 
period, and that these increases in annual spending would be 
partly offset by payments of about $2.7 billion in 2002.

Estimated impact on State, local, and tribal governments

            Mandates
    H.R. 1270 contains intergovernmental mandates as defined in 
UMRA. CBO estimates that these mandates would impose costs on 
state governments exceeding the threshold established in the 
law. (UMRA set a threshold of $50 million for 1996, adjusted 
annually for inflation.)
    Enactment of this bill would accelerate the payment of 
certain fees by nuclear utilities, including one publicly-owned 
utility. The bill also would impose new training standards and 
requirements for workers at all nuclear utilities, a few of 
which are publicly-owned. Because the bill would direct the 
federal government to begin storing nuclear waste earlier than 
is now anticipated, nuclear utilities would realize a savings 
because they would no longer have to store the waste 
themselves.
    Utilities--The New York Power Authority (NYPA)--a publicly 
owned utility--has chosen the option, available under current 
law, to delay payment of a one-time disposal fee and to pay the 
federal government the required additional interest. (Under 
current law, this payment would be made in 2010 or later, when 
DOE opens a permanent storage facility to accept nuclear 
waste.) H.R. 1270 would require NYPA to pay this fee to the 
government before the end of fiscal year 2002. CBO estimates 
that the direct cost of the mandate would be the amount NYPA 
would be required to pay in 2002, or about $180 million.
    The net, long-term cost to NYPA would be much less because 
it would no longer have to make a payment of $180 million plus 
interest in 2010 or later. Its cost would also be partially 
offset by any savings in storage costs that would accrue to 
NYPA when the interim storage facility begins accepting nuclear 
waste.
    CBO estimates that the added costs of complying with the 
mandate for training workers would be minimal.
    State of Nevada--By directing DOE to construct and operate 
an interim storage facility, H.R. 1270 would probably increase 
the cost to the state of Nevada of complying with existing 
federal requirements. CBO cannot determine whether these costs 
would be considered the direct costs of a mandate as defined by 
UMRA.
    Based on information provided by state officials, CBO 
expects that state spending would increase by as much as $10 
million per year until shipments to the facility begin 
(assuming that they begin in fiscal year 2002) and $5 million 
per year between that time and the time that the permanent 
facility at Yucca Mountain begins operations. This additional 
spending would support a number of activities, including 
emergency response planning and training, escort of waste 
shipments, and environmental monitoring. In addition, spending 
by Nevada counties for similar activities would probably 
increase, but by much smaller amounts. Not all of this spending 
would be for the purpose of complying with federal 
requirements.
    These costs are similar to those that the state would 
eventually incur under current law as a result of the permanent 
repository planned for Yucca Mountain. DOE currently does not 
expect to begin receiving material at a permanent repository 
until at least 2010, while H.R. 1270 would require that it 
begin to receive material at an interim facility in fiscal year 
2002. As a result, the state would have to respond to the 
shipment and storage of waste at least eight years sooner than 
under current law. Further, the state's costs would increase 
because it would have to plan for two facilities.
            Other impacts
    Federal Payments to State and Local Governments--H.R. 1270 
would direct DOE to make cash payments and convey parcels of 
land to Nye County, Nevada, and Lincoln County, Nevada. Each 
would receive payments of $2.5 million in each year before 
waste is shipped to the interim facility and $5 million each 
year after shipments begin. In addition, the bill identifies 
several parcels of land that DOE would convey to those counties 
and to the city of Caliente, Nevada.
    The state of Nevada and local governments within the state 
might lose payments from the federal government if H.R. 1270 is 
enacted. The bill would delete much of section 116 of the 
Nuclear Waste Policy Act, which authorizes payments to the 
state of Nevada and to local governments within the state. 
Section 116 currently authorizes DOE to make grants to these 
governments to enable them to participate in evaluating and 
developing a site for a permanent repository and to offset any 
negative impacts of such a site. H.R. 1270 would authorize 
payments only to Nye County to pay for an on-site 
representative of the county.
    In recent years, the Congress has appropriated amounts 
ranging from $12 million to $15 million per year under this 
section for Nevada and for local governments in the state. For 
the current fiscal year, however, the Energy and Water 
Development Appropriations Act, 1997 (Public Law 104-206) 
prohibits DOE from making any such payments to the state or to 
local governments.
    Estimated impact on the private sector: CBO has identified 
private-sector mandates in the bill that would accelerate the 
payment of certain fees by private nuclear utilities and impose 
new training standards and requirements on workers. CBO 
estimates that the direct costs of these private-sector 
mandates in 2002 would exceed the statutory threshold ($100 
million in 1996, adjusted annually for inflation) established 
in UMRA. Because the bill would direct the federal government 
to begin storing nuclear waste at an earlier date than is now 
anticipated, the direct costs of these new mandates could be at 
least partially offset by savings to private nuclear utilities 
that would no longer store the waste themselves.
    Thirteen privately owned nuclear utilities have chosen the 
option, available to them under current law, to delay payment 
of certain one-time disposal fees and to pay the federal 
government the required additional interest. Under current law, 
such payments would be made when DOE opens a permanent storage 
facility to accept nuclear waste, expected to be some time 
after 2010. H.R. 1270 would require nuclear utilities to 
accelerate payment of those fees to the government before the 
end of fiscal year 2002. CBO estimates that the direct cost of 
the mandate would be the amount utilities would be required to 
pay in 2002, or $2.5 billion.
    The net, long-term cost to utilities would be much less 
because they would no longer have to make a payment of $2.5 
billion plus interest in 2010 or later. Their costs would also 
be partially offset by any savings in storage costs that would 
accrue to the utilities when the interim storage facility 
begins accepting nuclear waste.
    H.R. 1270 also would impose a mandate by requiring that the 
Secretary of Transportation establish training standards 
applicable to workers directly involved in the removal and 
transportation of spent nuclear fuel and high-level radioactive 
waste. These workers, under current law, are already required 
to undertake extensive training. Based on information provided 
by industry experts, CBO estimates that the added costs of this 
mandate would be minimal. In addition, these costs could be 
partially offset by appropriated funds designated to cover 
training costs. Section 203(c) would direct the Secretary of 
Energy to provide technical assistance and funds for training 
directly to nonprofit employee organizations and joint labor-
management organizations that implement safety and training 
requirements under this bill.
    Previous CBO estimate: On March 21, 1997, CBO prepared a 
cost estimate for S. 104, the Nuclear Waste Policy Act of 1997, 
as ordered reported by the Senate Committee on Energy and 
Natural Resources on March 14, 1997. The cost estimates for S. 
104 and H.R. 1270 reflect the different time schedules in these 
bills, and the different treatment of the annual nuclear waste 
fee by each bill.
    Estimate prepared by: Federal costs--Kim Cawley, Impact on 
State, local, and tribal governments:--Marjorie Miller, Impact 
on the private sector:--Lesley Frymier.
    Estimate approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                       Federal Mandates Statement

     Pursuant to section 423 of the Unfunded Mandates Reform 
Act of 1995 (UMRA), the Committee is required to submit an 
estimate of Federal mandates that would be incurred in carrying 
out H.R. 1270. The Committee has serious concerns with the 
Federal mandates estimate prepared by the Director of the 
Congressional Budget Office (CBO).
     CBO concludes H.R. 1270 contains intergovernmental 
mandates and private sector mandates as defined in UMRA in 
excess of the statutory thresholds. The provision in question 
provides for payment of one-time fees owed by 13 utilities: 12 
investor-owned utilities, and one State agency.
     The duty of these utilities to pay one-time fees was 
established 15 years ago by the Nuclear Waste Policy Act of 
1982, not by H.R. 1270. Under the current program, these fees 
would not be paid until the beginning of acceptance of spent 
nuclear fuel and high-level radioactive waste at the 
repository, which is anticipated in 2010. Under section 
401(a)(3) of H.R. 1270, these utilities would be required to 
pay their outstanding fees by the end of Fiscal Year 2002.
     The Committee disputes that requiring payment of 
outstanding one-time fees before the end of Fiscal Year 2002 is 
a ``Federal intergovernmental mandate'' or ``Federal private 
sector mandate'' that imposes ``direct costs.'' Under UMRA, 
``direct costs'' are defined to exclude ``estimated amounts 
that the State, local, and tribal governments (in the case of a 
Federal intergovernmental mandate) or the private sector (in 
the case of a Federal private sector mandate) would spend--to 
comply with or carry out all applicable Federal, State, local, 
and tribal laws and regulations in effect at the time of the 
adoption of the Federal mandate for the same activity as is 
affected by that Federal mandate * * *.'' 2 U.S.C. 658(3)(D) 
(Supp. 1997). The duty to pay one-time fees was established by 
the Nuclear Waste Policy Act of 1982--not H.R. 1270. Since the 
obligation to pay outstanding one-time fees existed ``under 
applicable Federal * * * law[] * * * in effect at the time of 
the adoption of the Federal mandate for the same activity as is 
affected by that Federal mandate,'' the exclusion applies.
     The only change made by section 401(a)(3) of H.R. 1270 
relates to the timing of the payment of outstanding one-time 
fees. Section 302(a) of the Nuclear Waste Policy Act of 1982 
imposed fees on electricity generated by civilian nuclear power 
reactors and sold before April 7, 1983, at the rate of one mill 
per kilowatt-hour. In its implementation of section 302(a), the 
Department of Energy (DOE) required that licensees agree to 
Standard Contracts, which DOE promulgated by rule (10 CFR Part 
960.11). Under the Standard Contract issued by DOE, licensees 
were given three options regarding payment of one-time fees: 
(1) payment of one-time fees plus interest over 10 years; (2) a 
single payment of one-time fees plus interest anytime prior 
acceptance to the first delivery of spent nuclear fuel and 
high-level radioactive waste; or (3) payment of all one-time 
fees without interest over two years. Thirteen utilities chose 
the second option, a single payment of one-time fees plus 
interest anytime prior to first delivery of spent nuclear fuel 
and high-level radioactive waste. It is these 13 utilities that 
are affected by section 401(a)(3) of H.R. 1270, which requires 
payment of outstanding fees by the end of Fiscal Year 2002, 
instead of upon acceptance of spent fuel and waste by DOE.
     In most instances, section 401(a)(3) would not accelerate 
payment of outstanding one-time fees. The current DOE 
acceptance schedule is based on the age of spent nuclear fuel, 
and the utilities in question are in the front of the 
acceptance queue. Based on the current acceptance priority 
ranking and the acceptance rate established by the bill, nine 
of the 13 utilities that owe one-time fees are projected to pay 
in the first year of acceptance. Since H.R. 1270 provides for 
the beginning of acceptance of spent nuclear fuel and high-
level radioactive waste in January 2002, the payments owed by 
these utilities would not be accelerated by the bill.
     In the case of the four utilities with outstanding fees 
whose spent fuel and waste is not projected to be accepted in 
2002, H.R. 1270 actually produces direct savings, rather than 
imposes direct costs. Under the agreements entered into with 
DOE, the utilities are required to pay interest of about four 
percent each year until acceptance of spent fuel and waste by 
DOE. To the extent some utilities are required by H.R. 1270 to 
pay their outstanding one-time fees before acceptance, that 
relieves them of interest payments that they would otherwise 
have to make. Under UMRA, ``direct savings'' are defined as 
``(A) in the case of a Federal intergovernmental mandate, * * * 
aggregate estimated reduction in costs to any State, local, or 
tribal government as a result of compliance with the Federal 
intergovernmental mandate; and (B) in the case of a Federal 
private sector mandate, * * * the aggregate estimated reduction 
in costs to the private sector as a result of compliance with 
the Federal private sector mandate.'' These interest payments 
are projected by DOE to total $500 million between 1997 and 
2002.
     The New York Power Authority (the Power Authority), an 
agency of the State of New York, is one of the thirteen 
utilities that has not yet paid its outstanding one-time fees. 
Under section 401(a)(3), the Power Authority would pay about 
$180 million in outstanding one-time fees in Fiscal Year 2002. 
Based on the current acceptance priority ranking and the 
acceptance rate established by H.R. 1270, the first acceptance 
of spent fuel and waste from the Power Authority is projected 
to occur in 2005. As indicated earlier, payment of outstanding 
one-time fees will actually produce direct savings for the 
Power Authority. Currently, the Power Authority pays about $6 
million per year in interest on one-time fees. By requiring 
payment of outstanding one-time fees in Fiscal Year 2002, H.R. 
1270 produces direct savings of $18 million for the Power 
Authority.
     Significantly, the State of New York is one of the parties 
that sued DOE to obtain a writ of mandamus requiring that 
acceptance begin in January 1998. If that effort is successful, 
it would require that the Power Authority pay its outstanding 
one-time fees 10 years earlier than now projected, and perhaps 
even earlier than proposed by H.R. 1270. For that reason, it is 
reasonable to conclude the State of New York is prepared to 
accelerate payment of one-time fees if acceptance is also 
accelerated. Under H.R. 1270, acceptance is accelerated from 
2010 to 2002.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   Constitutional Authority Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 3, which grants Congress the power 
to regulate commerce with foreign nations, among the several 
States, and with the Indian tribes.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

                        Committee Correspondence

                          House of Representatives,
                                     Committee on Commerce,
                                Washington, DC, September 16, 1997.
Hon. John Kasich,
Chairman, Committee on Budget, House of Representatives, Cannon House 
        Office Building, Washington, DC.
Hon. John Spratt,
Ranking Democratic Member, Committee on Budget, House of 
        Representatives, Cannon House Office Building, Washington, DC.
    Dear Chairman Kasich and Ranking Member Spratt: The 
Committee on Commerce has had under its consideration H.R. 
1270, the Nuclear Waste Policy Act of 1997. An important 
component of this legislation is its transition of the 
mandatory Nuclear Waste Fund fee to a discretionary user fee 
assessed against utility ratepayers. In the Committee's view, 
this change is necessary to prevent diversion of these fees 
from their intended purposes and to ensure adequate funding for 
the construction of a repository for the permanent disposal of 
spent nuclear fuel and high-level radioactive waste.
    The provisions of H.R. 1270, as reported by the 
Subcommittee on Energy and Power, take pay-as-you-go procedures 
into account through the mandatory collection of one-time fees 
from utilities for waste generated prior to the establishment 
of the Nuclear Waste Fund, and a delay in the implementation of 
the new user fee mechanism. It is our understanding that the 
Subcommittee-approved bill does not violate the House's budget 
rules.
    There is concern, however, that the recently-enacted 
balanced budget agreement could have changed the rules 
affecting the treatment of pay-as-you-go procedures. We are 
writing to inquire whether this is the case, and to obtain your 
assurance that H.R. 1270, as currently written, does not 
violate pay-as-you-go or any other budget-related restrictions 
and would not be subject to any budget-related points of order 
during consideration by the full House.
            Sincerely,
                                   Tom Bliley,
                                           Chairman.
                                   John D. Dingell,
                                           Ranking Democratic Member.
                                ------                                

                          House of Representatives,
                                   Committee on the Budget,
                                Washington, DC, September 18, 1997.
Hon. Tom Bliley,
Chairman, Committee on Commerce, Rayburn HOB, House of Representatives 
        Washington, DC.
    Dear Mr. Chairman: Thank you for your letter on H.R. 1270, 
the Nuclear Waste Storage Act of 1997. Although an estimate has 
not been prepared on the bill, I hope this letter will provide 
a tentative answer to several of the questions you posed about 
the version of the bill reported by the Subcommittee on Energy 
and Power.
    As you know, the reported bill would replace a mandatory 
fee with a discretionary fee controlled through annual 
appropriations action. In addition, the bill changes the 
conditions and timing of a one time payment of a fee by the 
utilities for waste disposal.
    As reported by the subcommittee, the bill appears to be 
generally within the appropriate spending levels set forth in 
the Concurrent Resolution on the Budget for Fiscal Year 1998 
and its accompanying report (H. Con. Res. 84/H. Rept. 105-116) 
as required under the Congressional Budget Act of 1974 (Budget 
Act). Specifically, it would neither exceed the Commerce 
Committee's allocation of new budget authority nor the 
aggregate level of budget authority and outlays for fiscal year 
1998 or for the total of fiscal years 1998 through 2002.
    Section 303 of the bill entitles two counties in Nevada to 
payments from the United States that are not subject to the 
availability of appropriations. Additionally, section 605 of 
the bill creates an entitlement to a specified level of 
compensation for the Nuclear Waste Technical Review Board. I 
understand that both these provisions will be subject to 
appropriations when the bill is marked up in full committee.
    The bill will apparently reduce the deficit under PAYGO in 
fiscal year 2002, but increase it by a similar amount spread 
over the course of fiscal years 1999, 2000, and 2001. 
Significantly, the bill would not increase the net deficit over 
the five year period in which PAYGO is in effect. Under PAYGO 
requirements, the sum of all direct spending and tax 
legislation must be deficit neutral.
    In conclusion, the committee has gone to commendable 
lengths to solve several serious budgetary problems in the bill 
from when it was originally reported in the 104th Congress. 
Most importantly, the one time fee was restructured to provide 
an offset for the loss in mandatory receipts. I also appreciate 
the willingness of the full committee to eliminate the 
potential entitlements relating to the payment to Nevada and 
the Nuclear Waste Technical Review Board.
    Accordingly I do not expect to object to floor 
consideration of this bill where it can be considered on its 
merits if the estimates hold up as expected, the finding 
mechanism is not materially modified, and the two potential 
entitlements are explicitly subject to appropriations action.
    Of course I will reserve judgment on the budgetary 
implications of the version of the bill that will be ultimately 
be made in order as base text on the floor until CBO has 
prepared a cost estimate and my staff has had the opportunity 
to review the final bill and report language. Moreover, this 
letter should not be construed as taking a position on the 
substantive merits of the bill.
    If you have any questions, please contact Jim Bates or 
Wayne Struble at ext. 6-7270.
            Sincerely,
                                          John R. Kasich, Chairman.
                                ------                                

                          House of Representatives,
                                   Committee on the Budget,
                                Washington, DC, September 18, 1997.
Hon. Tom Bliley,
Chairman, Commerce Committee, House of Representatives, Rayburn House 
        Office Building, Washington, DC.
Hon. John D. Dingell,
Ranking Democratic Member, Commerce Committee, House of 
        Representatives, Rayburn House Office Building, Washington, DC.
    Dear Chairman Bliley and Ranking Member Dingell: Thank you 
for your September 16 letter regarding H.R. 1270, the Nuclear 
Waste Policy Act of 1997. In your letter, you expressed 
concerns that H.R. 1270 as adopted by the Subcommittee on 
Energy and Power may be in violation of the Congressional 
Budget Act or PAYGO restrictions. As one who has worked to 
enact a balanced budget and as a cosponsor of H.R. 1270, I 
appreciate the opportunity to provide comments on the budget 
implications of the measure.
    As you point out, H.R. 1270 provides that the current fee 
assessed on electric utilities for the purpose of constructing 
a repository for their radioactive waste be changed from a 
mandatory receipt deposited in the Treasury to an offset to 
appropriations for construction of both interim and permanent 
storage facilities. CBO will score this change as a reduction 
in mandatory offsetting receipts, and therefore an increase in 
net mandatory spending. In order to remain within the 
constraints of the Congressional Budget Act, the bill does not 
adjust the fee until 1999 and also provides for a one-time 
payment of $2.7 billion in 2002. In this way, the legislation 
does not exceed the Commerce Committee's allocation for 
mandatory spending for the budget year (1998 in this case) or 
for the five-year period covered by the budget resolution.
    Title III of the bill, which provides for benefit 
agreements to be entered into between the federal government 
and the counties of Nye and Lincoln, Nevada, could, depending 
on the date of execution, cause the Commerce Committee to 
exceed its allocation of mandatory spending by a very small 
amount in 1998 and therefore violate the Congressional Budget 
Act. If the payment were to occur after 1998 or if the payment 
were made subject to appropriation, this provision would not 
violate the Congressional Budget Act.
    I appreciate that the sponsors of the bill have worked to 
free the bill of any Budget Act violations it might have. I 
would point out, however, that the bill has PAYGO implications 
that will have to be monitored. Although the bill provides for 
a savings of $0.2 billion over five years, the offset occurs in 
the last year of the five-year period. The recent 
reconciliation legislation cleared the PAYGO scorecard of any 
credits heretofore accumulated. Based on CBO scoring, this bill 
would result in costs being entered on the PAYGO scorecard for 
fiscal years 1999-2001, and potentially therefore an 
entitlement sequestration in those years. If recent experience 
is any guide, the PAYGO scorecard will once again accumulate 
some credits. Nonetheless, as long as the offset included in 
the bill does not occur until 2002, Congress and the 
administration will have to enact subsequent savings or revenue 
legislation to make sure that this legislation does not cause 
an entitlement sequester.
    I would note that OMB's scoring, not CBO's is critical for 
the purposes of the PAYGO rule. OMB could reduce the 
discretionary caps rather than reflect a PAYGO cost, on the 
grounds that some fee income is not disappearing but rather 
being transferred to the discretionary ledger. But since fee 
income would also be reduced, such a choice by OMB would only 
reduce the PAYGO scoring, not eliminate it.
    You asked whether the PAYGO issues result from recently 
enacted amendments to the PAYGO law. This is so, in that PAYGO 
would have expired after 1998 if not for the recent amendments. 
But no major changes were made to the way PAYGO operations--it 
has always been a year-by-year test, not a five-year test.
    I hope these comments prove helpful as the Commerce 
Committee moves forward with H.R. 1270. I commend the Committee 
for its work with this bill and its efforts to ensure that this 
bill does not stray from our path to a balanced budget.
            Sincerely,
                                       John M. Spratt, Jr.,
                                         Ranking Democratic Member.
                                ------                                

                          House of Representatives,
            Committee on Transportation and Infrastructure,
                                   Washington, DC, October 1, 1997.
The Hon. Thomas J. Bliley Jr.,
Chairman, Committee on Commerce,
Rayburn House Office Building, Washington, DC.
    Dear Mr. Chairman: I understand that the Committee on 
Commerce will file its report today on H.R. 1270, the Nuclear 
Waste Policy Act of 1997. As you know, H.R. 1270 was referred 
to the Committee on Transportation and Infrastructure. Because 
of the need to move this bill to the floor expeditiously, our 
Committee will agree to be discharged on this legislation based 
on our understanding that you will continue to work to address 
our concerns regarding the bill as discussed below.
    Title II of the bill vests the Secretary of Energy with the 
authority to fund road improvements along the route leading to 
the nuclear storage facility in Nevada and to provide technical 
assistance and fund training on the safe transportation of 
nuclear waste. The Committee on Transportation and Infrasture 
has exclusive legislative and oversight jurisdiction over 
highway construction as well as jurisdiction over the 
regulations governing the interstate transportation of 
hazardous materials on highways and by railroad. It is our 
understanding that H.R. 1270 was not intended to supplant 
provisions governing construction of federal-aid highways under 
Title 23 of the U.S. Code or motor carrier safety and rail 
safety provisions under Title 49 of the U.S. Code administered 
by the Department of Transportation, or the Hazardous Materials 
Transportation Act under 49 U.S.C. 5101 et. seq.
    We request that you include the following provisions in a 
Floor amendment: First, clarification that H.R. 1270 does not 
waive or otherwise affect any requirements governing 
construction of federal-aid highways under title 23, motor 
carrier and rail safety provisions under Title 49, or the 
Hazardous Materials Transportation Act.
    Second, we would like to include language that ensures that 
the training provisions in the bill do not result in 
unnecessary duplication of effort among federal agencies. We 
also want to ensure that the bill does not impose undue burdens 
on persons involved in the transportation of hazardous 
materials since those persons are already subject to rigorous 
training requirements in the Hazardous Materials Transportation 
Act and implementing regulations that our Committee has imposed 
in previous reauthorizations of the Hazardous Materials 
Transportation Act.
    Based on consultation between our respective Committee 
staffs, I understand that you are willing to work to address 
our concerns in a Floor amendment. On the basis of that 
understanding, the Committee on Transportation and 
Infrastructure will not proceed with any formal consideration 
of H.R. 1270. This is being done with the understanding that 
the Committee on Transportation and Infrastructure will be 
treated without prejudice as to its jurisdictional prerogatives 
on such or similar provisions in the future and it should not 
be considered as precedent for consideration of matters of 
jurisdictional interest to the Committee in the future. 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.
    I would appreciate your response to this letter, confirming 
this understanding with respect to H.R. 1270, and would ask 
that a copy of our exchange of letters on this matter be placed 
in the Congressional Record during consideration of the bill on 
the Floor.
    With kindest personal regards, I remain
                        Sincerely,
                                             Bud Shuster, Chairman.
                                ------                                

                          House of Representatives,
                                     Committee on Commerce,
                                   Washington, DC, October 1, 1997.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure, Rayburn House 
        Office Building, Washington, DC.
    Dear Mr. Chairman: Thank you for your letter of October 1, 
1997, concerning your interest in H.R. 1270, the Nuclear Waste 
Policy Act of 1997. I appreciate your assistance in expediting 
House consideration of this legislation and your comments on 
those provisions of H.R. 1270 which are within the jurisdiction 
of the Committee on Transportation and Infrastructure.
    The Committee on Commerce recognizes the jurisdiction of 
the Committee on Transportation and Infrastructure over 
Federal-aid highways and the interstate transportation of 
hazardous materials on highways and by railroad. The Committee 
on Commerce understands the importance of ensuring the safe 
transport of radioactive materials and agrees that the 
provisions of H.R. 1270 are not intended to waive or affect 
current statutory provisions governing the construction of 
highways, motor carrier and rail safety, or the Hazardous 
Materials Transportation Act. The Committee on Commerce is 
committed to working with the Committee on Transportation and 
Infrastructure prior to the consideration of H.R. 1270 by the 
full House to address your concerns about those provisions 
within you Committee's jurisdiction.
    Additionally, I would be pleased to support the 
representation of your Committee in any conference on H.R. 1270 
on those provisions of Title II within the jurisdiction of the 
Committee on Transportation and Infrastructure.
    Thank you for your helpfulness and cooperation in this 
matter.
            Sincerely,
                                              Tom Bliley, Chairman.
                                ------                                


             Section-by-Section Analysis of the Legislation

        section 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 and table of contents

    This section designates the Act's short title as the 
``Nuclear Waste Policy Act of 1997.''

Sec. 2. Definitions

    This section retains many of the definitions in the Nuclear 
Waste Policy Act of 1982, with modifications to reflect 
provisions of this Act, and eliminates those definitions that 
are no longer necessary. The bill adds definitions for 
``accept,'' ``acceptance,'' ``disposal system,'' ``engineered 
systems and components,'' ``integrated management system,'' 
``interim storage facility,'' ``interim storage facility 
site,'' ``metric tons uranium,'' ``Nuclear Waste Fund,'' 
``program approach,'' and ``site characterization.'' In 
addition, the bill modifies the definitions for ``affected 
Indian tribe,'' ``affected unit of local government,'' 
``disposal,'' ``engineered barriers,'' ``high-level radioactive 
waste,'' ``low level radioactive waste,'' ``Office'' (relating 
to the Office of Civilian Radioactive Waste Management), 
``repository,'' ``storage,'' and ``Yucca Mountain site.'' The 
bill eliminates the definitions for ``Administrator,'' 
``candidate site,'' ``civilian nuclear activity,'' ``disposal 
package,'' ``Governor,'' ``monitored retrievable storage 
facility,'' ``Negotiator,'' ``Office'' (relating to the Office 
of Nuclear Waste Negotiator), ``reservation,'' ``siting 
research,'' ``state,'' ``Storage Fund,'' ``test and evaluation 
facility,'' ``unit of general local government,'' and ``Waste 
Fund.''

Sec. 3. Findings and purposes

    This section provides findings and purposes.

                          title i--obligations

Sec. 101. Obligations of the Secretary of Energy

    This section states the obligations of DOE under the bill. 
First, the Department 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 nuclear fuel and high-level 
radioactive waste for storage at an interim storage facility no 
later than January 31, 2002. Third, DOE is obligated to provide 
for the transportation of such 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 and to seek to utilize 
effective private sector management and contracting practices. 
This legislation is not intended to affect the course of 
pending litigation over the Nuclear Waste Policy Act of 1982, 
including efforts to seek a writ of mandamus compelling DOE to 
commence disposal of spent nuclear fuel by January 31, 1998, 
any order suspending the obligation of utilities to pay fees to 
fund the nuclear waste program, or other relief.

                 title ii--integrated management system

Sec. 201. Intermodal transfer

    Under the Atomic Energy Act of 1954, commencement of 
intermodal transfer does not require licensing by the NRC. 
Currently, the NRC does not have authority over 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 Commission 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. 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, the NRC has no further 
responsibilities under the National Environmental Policy Act of 
1969 (P.L. 91-190, as amended) (NEPA) with respect to such 
activities. The NRC satisfied its NEPA obligations in 
conjunction with the rulemaking that issued the general 
license. As long as the terms of the general license are 
satisfied, no additional environmental review need be performed 
by the NRC.
    Subsection (a) 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. If direct rail access to the 
site becomes available, DOE is authorized to use rail 
transportation to meet the requirements of Title II. Subsection 
(b) requires DOE to commence rail-to-truck intermodal transfer 
at Caliente, Nevada, no later than January 31, 2002. Subsection 
(c) charges DOE with acquiring lands and rights-of-way 
necessary to begin intermodal transfer at Caliente, Nevada. 
Subsection (d) obligates DOE 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. Replacement of land and city wastewater disposal 
activities are directed to occur no later than January 31, 
2002.
    Subsection (e) directs DOE to publish in the Federal 
Register a legal description of the sites and rights-of-way to 
be acquired under this section and to file copies of a map of 
such sites and rights-of-way. This map will have the same force 
and effect as if included in the bill. DOE is authorized to 
correct clerical and typographical errors in legal descriptions 
and make minor adjustments in boundaries.
    Subsection (f) requires that DOE make improvements to 
existing roadways selected for heavy-haul 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.
    Subsection (g) designates a route for heavy-haul transport 
of spent nuclear fuel and high-level radioactive waste. In 
addition, the subsection directs DOE, in consultation with the 
State of Nevada and appropriate counties and local 
jurisdictions, to establish reasonable terms and conditions 
under which it may utilize heavy-haul truck transport to move 
spent fuel and waste from Caliente, Nevada, to the interim 
storage facility site. The subsection also provides that, 
notwithstanding any other law, DOE will be responsible for any 
incremental costs related to improving or upgrading Federal, 
State, and local roads in the heavy-haul transportation route 
utilized, and performing any maintenance activities on such 
roads, as necessary, to facilitate year-round safe transport of 
spent fuel and waste. Any such improvement, upgrading, or 
maintenance activity will be funded solely by appropriations 
pursuant to sections 401 and 403 of the bill.
    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 on-site representation. 
In addition, the subsection provides that DOE will pay 
reasonable expenses of such representation.

Sec. 202. Transportation planning

    Subsection (a) charges DOE with taking necessary and 
appropriate actions to ensure that it is able to accept and 
transport spent nuclear fuel and high-level radioactive waste 
beginning not later than January 31, 2002. DOE is directed to 
analyze each reactor facility in the order of priority 
established in the acceptance schedule and develop a logistical 
plan to assure DOE's ability to transport spent fuel and waste. 
Subsection (b) requires that, in conjunction with the 
development of the logistical plan required by subsection (a), 
DOE update and modify existing transportation institutional 
plans to ensure that institutional issues are addressed and 
resolved in order to support the commencement of transportation 
no later than January 31, 2002. The subsection requires that 
such planning 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

    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 the NRC's 
regulations regarding advance notification of State and local 
governments prior to transport of spent nuclear fuel and high-
level radioactive waste. Currently, the NRC requires advance 
notification of States under 10 CFR Part 71.97.
    Subsection (c) requires that DOE provide technical 
assistance and funds to States, affected units of local 
governments, and Indian tribes through those jurisdictions. DOE 
plans to transport substantial amounts of spent fuel or waste 
for training for public safety officials of appropriate units 
of local governments. The subsection provides that such 
training will cover procedures required for safe routine 
transportation of these materials, as well as procedures for 
dealing with emergency response situations. The provision of 
technical assistance and funds by DOE will be subject to 
appropriations. DOE is directed to provide technical assistance 
and funds for training to nonprofit employee organizations and 
joint labor-management organizations that demonstrate 
experience in implementing and operating worker health and 
safety training and education programs and demonstrating the 
ability to reach and involve in training programs workers 
directly engaged in transportation of spent fuel and waste or 
emergency response or post-emergency response with respect to 
transportation. Training by nonprofit employee organizations 
and joint labor-management organizations will cover procedures 
required for safe routine transportation of materials and 
procedures for dealing with emergency response situations; will 
be consistent with any training standards established by the 
Department of Transportation; and will include a training 
program for emergency response workers, instruction of public 
safety officers, and instruction of radiological protection and 
emergency medical personnel. The subsection provides that 
grants will be made to implement this subsection.
    A number of Federal agencies have programs relating to 
emergency response, and the Committee is concerned about 
possible duplication among these programs. To that end, the 
subsection directs the Departments of Transportation, Labor, 
and Energy, the Federal Emergency Management Agency, the 
National Institute of Environmental Health Sciences, the NRC, 
and the Environmental Protection Agency (EPA) to periodically 
review the emergency response and preparedness training 
programs of each Federal department, agency, or instrumentality 
to minimize duplication of effort and expense of the 
department, agency, or instrumentality in carrying out the 
programs, and to take necessary action to minimize any such 
duplication.
    Subsection (d) obligates DOE to utilize private carriers to 
the fullest extent possible to provide for transportation of 
spent fuel and waste, and provides that DOE will use direct 
Federal services for such transportation only upon a 
determination by the Secretary of Transportation, in 
consultation with the Secretary of Energy, that private 
industry is unable or unwilling to provide such transportation 
services at a reasonable cost. The use of private carriers 
should be the norm, and direct Federal service the rare 
exception.
    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 of such materials. 
In this manner, title for spent fuel and waste will transfer at 
the contract holders' designated sites, where DOE accepts 
possession and commences transport under the contracts entered 
into between DOE and contractor holders under the Nuclear Waste 
Policy Act of 1982.
    Subsection (f) provides that any person engaged in 
interstate commerce of spent nuclear fuel or high-level 
radioactive waste under contract to DOE pursuant to the bill 
will be subject to the employee protection provisions of 49 
U.S.C. 20109, 49 U.S.C. 31105, or the NRC. The employee 
protection provisions of the NRC are established by section 211 
of the Energy Reorganization Act of 1974 (42 U.S.C. 5851) and 
apply to employees of NRC licensees, applicants for NRC 
licenses, contractors or subcontractors of such licensees and 
applicants, and DOE contractors or subcontractors indemnified 
by section 170(d) of the Atomic Energy Act of 1954.
    Paragraph (1) of subsection (g) directs the Secretary of 
Transportation, pursuant to authority under other provisions of 
law and in consultation with the Secretary of Labor and the 
NRC, to promulgate a regulation establishing training standards 
applicable to workers directly involved in the removal and 
transportation of spent nuclear fuel and high-level radioactive 
waste. The regulation will specify minimum training standards 
applicable to workers, including managerial personnel, and 
require that the employer possess evidence of satisfaction of 
the applicable training standard before any individual may be 
employed in the removal and transportation or spent fuel and 
waste. Under paragraph (2), DOT is authorized to refrain from 
promulgating additional regulations with respect to worker 
training if the Secretary determines that regulations 
promulgated by the NRC establish adequate worker training 
standards. DOT and the NRC are directed to ensure coordination 
of worker training standards and avoid duplicate regulation 
through a Memorandum of Understanding. Paragraph (3) of the 
subsection provides that the training standards required to be 
promulgated by paragraph (1) include a specified minimum of 
hours of initial off-site instruction and actual field 
experience; a requirement that on-site managerial personnel 
receive the same training as workers, and a minimum number of 
additional hours of specialized training pertinent to their 
managerial responsibilities; and a training program applicable 
to persons responsible for responding to and cleaning up 
emergency situations occurring during the removal and 
transportation of spent fuel and waste. DOT is authorized to be 
appropriated such sums as may be necessary to perform its 
duties under this subsection.
    In all other respects, transport of spent fuel and waste 
will be governed by the applicable provisions of the Hazardous 
Materials Transportation Act of 1975 and other relevant 
statutes.

Sec. 204. Interim storage

    This section provides the means for DOE to begin acceptance 
of spent nuclear fuel and high-level radioactive waste at an 
interim storage facility beginning in 2002. In July 1996, the 
U.S. Court of Appeals for the District of Columbia Circuit held 
in Indiana Michigan Power Company v. U.S. Department of Energy 
that DOE has a legal obligation to begin acceptance of spent 
fuel and waste under the Nuclear Waste Policy Act of 1982, and 
that DOE's legal obligation to begin acceptance was not 
conditional on the availability of a repository. Section 204 
directs DOE to develop a phased interim storage facility, 
provides for construction of the facility during the NRC 
licensing proceeding, focuses NEPA review, and bars 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) of H.R. 1270 
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 decision to locate the interim storage facility within 
Area 25 of the NTS is based on several factors. 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. There is extensive data available 
concerning the geologic characteristics of the NTS, which 
indicates the NTS is an appropriate location for an interim 
storage facility. Additionally, there is a significant 
environmental baseline at the NTS that will facilitate 
preparation of the environmental review to support the license 
application.
    The interim storage facility is not exclusively dedicated 
to acceptance of spent fuel and waste from civilian nuclear 
power reactors, and DOE is directed to accept spent fuel and 
waste from atomic energy defense activities and foreign 
research reactors. This section addresses the only potential 
safety issue identified by the NRC relating to at-reactor 
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) directs DOE to design, construct, and 
operate a facility for the interim storage of spent nuclear 
fuel and high-level radioactive waste at the interim storage 
facility site. The 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, 2002. Current provisions of 10 CFR Part 72 provide 
the health and safety standards for the licensing of 
independent spent fuel storage installations. The interim 
storage facility will be designed to store spent fuel and high-
level radioactive waste until DOE is able to transfer such 
spent fuel and waste to the repository.
    The bill requires the NRC to license the interim storage 
facility under its regulations governing the licensing of 
independent spent fuel storage installations, but does not 
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. This 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 design of 
the first phase should permit DOE to ensure commencement of 
operations by January 31, 2002. The bill directs DOE to discuss 
compatibility issues with contract holders prior to designing 
the interim storage facility and to continue such discussions 
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, 
2002. Subsection (c) directs DOE to submit two license 
applications for an interim storage facility, for the first and 
second phases of the facility. For purposes of NEPA review, the 
first and second phases of the facility are to be considered 
separate facilities.
    The first phase of the facility should be modeled on 
existing independent spent fuel storage installations (ISFSIs) 
licensed by the NRC under existing regulations. DOE has 
testified that the first phase facility would 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 certified 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 36 months from its submittal. Based on testimony at 
the hearing held by the Subcommittee on Energy and Power, these 
milestones are achievable. The NRC has licensed eleven 
independent spent fuel storage installations since 1986, and no 
change in NRC regulations is needed 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).
    Since 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 or for NRC action on the application. However, DOE 
must submit a license application for the second phase and the 
NRC must act expeditiously on this license application in order 
to assure the second phase is operational before the capacity 
limit of the first phase is reached. 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 disposal facility. 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 NRC is directed to 
terminate all or part of any such order upon a determination 
that DOE has taken appropriate action to eliminate such risk. 
This provision balances the need to facilitate DOE's ability to 
begin acceptance in 2002 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 proceedings in order to achieve acceptance of spent 
nuclear fuel and high-level radioactive waste by January 31, 
2002.
    DOE is authorized by this subsection to utilize any 
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. For example, this provision 
authorizes 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 such 
a 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 such facilities 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 such a facility. To 
address concerns about the ability of the interim storage 
facility to adequately manage the site's spent nuclear fuel and 
high-level radioactive waste, DOE testified that the second 
phase of the interim storage facility will require a full-scale 
hot-cell capability.
    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, are preliminary 
decisionmaking activities and do not require the preparation of 
an environmental impact statement (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. This 
treats 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 subsection directs the NRC, in its 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 storage of spent nuclear fuel and high-level 
radioactive waste at the interim storage facility; alternatives 
to the facility site; alternatives to the design criteria for 
the facility or any individual components thereof; or 
environmental impacts of the storage of spent fuel and 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.
    The approach taken by the Committee with respect to the 
preparation of EIS's is consistent with the approach taken in 
the current Nuclear Waste Policy Act, and is similar to that 
taken by many other Federal laws, including environmental laws. 
For example, both the Endangered Species Act of 1973, (P.L. 93-
205, as amended) and the Clean Water Act of 1977 (P.L. 95-217, 
as amended) specify that certain actions are not to be 
considered major Federal actions. A number of energy statutes, 
including the Energy Security Act of 1980 (P.L. 96-294, as 
amended), the Energy Policy and Conservation Act of 1975 (P.L. 
94-163, as amended), and the Department of Energy Organization 
Act of 1980 (P.L. 95-91, as amended), for example, specify that 
certain agency actions are not to be considered major Federal 
actions.
    Subsection (f) provides that judicial review of the NRC's 
EIS shall be consolidated with judicial review of its licensing 
decision. Further, the subsection provides that no court can 
enjoin construction or operation 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 on a timely 
basis for purposes of the NRC's decision to grant or amend any 
license to operate any civilian nuclear power reactor. 
Subsection (g) applies to any decision by the NRC to issue any 
license renewal.
    Subsection (h) 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 the 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 1996, which envisions the completion of a 
viability assessment in 1998, a determination of site 
suitability in 2001, a license application to dispose of spent 
fuel and waste at the repository in 2002, and repository 
operation in 2010. The section establishes a presumptive 
radiation release standard that can be revoked and replaced by 
the NRC, in consultation with the EPA, if it does not provide 
for adequate protection of the health and safety of the public. 
The section also provides for focused NEPA review of the 
repository in preparation of an 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 section 160 of the 
Nuclear Waste Policy Amendments Act of 1987, reliance on the 
guidelines is no longer appropriate. Section 112(a) of the 
Nuclear Waste Policy Act of 1982 is repealed by this 
legislation, so revocation of the guidelines is 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, 2002, for authorization to construct a 
repository that will commence operation no later than January 
17, 2010. The subsection directs DOE to terminate site 
characterization if it determines the Yucca Mountain site 
cannot satisfy NRC regulations applicable to licensing of a 
geologic repository. In the event site characterization is 
terminated after such a determination, DOE is charged with 
notifying Congress, and the State of Nevada, and recommending 
to Congress not later than six months after such determination 
further actions, including the enactment of legislation, that 
may be needed to manage spent nuclear fuel and high-level 
radioactive waste. The subsection also directs DOE to seek 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 within one year of 
the date of enactment of this legislation to comply with this 
bill. This subsection provides that repository licensing will 
be based on a three-step process. First, DOE will apply for 
authorization to construct a repository. The bill directs the 
NRC to grant a construction authorization for the repository if 
there is reasonable assurance that spent fuel and waste can be 
disposed of in the repository: (1) in conformity with DOE's 
application, provisions of this bill, and NRC regulations; (2) 
with adequate protection of the health and safety of the 
public; and (3) consistent with the common defense and 
security.
    Second, the bill directs DOE to apply for a license to 
dispose of spent nuclear fuel and high-level radioactive waste 
in the repository after substantial completion of construction 
and the filing of any additional information needed to complete 
the license application. 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: (1) in conformity with DOE's application, provisions 
of this bill, and NRC regulations; (2) with adequate protection 
of the health and safety of the public; and (3) consistent with 
the common defense and security.
    Third, DOE is directed to apply to the NRC for a license 
amendment authorizing permanent closure of the repository after 
emplacing spent nuclear fuel and high-level radioactive waste 
in the repository and collecting sufficient confirmatory data 
on repository performance. The NRC is charged to grant such 
license amendment if there is reasonable assurance that the 
repository can be permanently closed: (1) in conformity with 
DOE's application, provisions of this bill, and NRC 
regulations; (2) with adequate protection of the health and 
safety of the public; and (3) 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 
beyond the standard established in subsection (d)(1).
    The Nuclear Waste Technical Review Board agreed, during the 
hearing before the Subcommittee on Energy and Power, that the 
human intrusion question is ``intractable.'' In later 
correspondence, the Board stated that ``[b]ecause science, even 
in principle, cannot provide answers to key questions related 
to human intrusion, the Board believes that any attempt to 
incorporate that phenomenon into a formal assessment of a 
repository's performance requires (emphasis in original) that 
policy judgments and assumptions be made,'' and that ``the 
Board does not have a view as to which set of policy judgments 
and assumptions is most appropriate. That choice, properly, 
ought to be in the hands of the legislature and the relevant 
regulatory agencies.'' Further, the Energy Policy Act of 1992 
(P.L. 102-486) required that the National Academy of Sciences 
(NAS) make findings and recommendations on reasonable standards 
for the protection of human health and safety from releases 
from radioactive materials. In its August 1995 report, NAS 
agreed that the risk of human intrusion thousands of years in 
the future is so speculative ``it is hardly surprising that 
Congress would seek a resolution of these issues.''
    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, of 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) addresses an issue that has been pending 
since enactment of the Nuclear Waste Policy Act of 1982--the 
standard to be applied by the NRC in determining whether the 
public is adequately protected from releases of radioactive 
materials or radioactivity from the repository. Section 121(a) 
of the Nuclear Waste Policy Act of 1982 directed the EPA to 
issue a radiation release standard within one year of the date 
of enactment. The EPA issued a standard in 1985, but it was 
overturned in July 1987 by the U.S. Court of Appeals for the 
First Circuit in Natural Resources Defense Council v. U.S. 
Environmental Protection Agency, and the EPA did not 
subsequently issue an operative standard. Congress directed the 
EPA a second time to issue a radiation release standard when it 
enacted the Energy Policy Act of 1992 (EPAct). Section 801 of 
EPAct directed EPA to issue a radiation release standard based 
upon and consistent with the findings and recommendations of 
the National Academy of Sciences. The National Academy of 
Sciences issued its recommendations more than two years ago, 
but EPA has still not issued a radiation release standard. 
Establishment of a radiation release standard is essential to 
completion of the repository design and authorization of 
repository construction in a timely manner, since the design 
will be based on the standard. Continued failure by EPA to 
issue a radiation release standard for the repository by itself 
would effectively prevent repository construction and 
licensing.
    For these reasons, the bill establishes a statutory 
radiation release standard. This subsection bars EPA from 
promulgating 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 will not be incorporated in NRC 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 bill directs the NRC to 
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 radiation 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, in consultation 
with EPA, that such standard would not provide for adequate 
protection of the health and safety of the public and 
establishes by rule another standard which will provide for 
adequate protection of the health and safety of the public. The 
legislation gives the NRC the lead role in the development of 
an alternative radiation release standard out of recognition 
that the NRC is the Federal agency with expertise on radiation, 
as well as the failure of EPA to issue a repository standard 
for the past fifteen years. The 100 millirem dose standard has 
been endorsed by the International Commission on Radiation 
Protection, and is the standard currently used by the NRC for 
general public protection. In a September 11, 1997, letter to 
the Committee, the NRC stated the licensing and release 
standards and assumptions of the bill ``will fully protect 
public health and safety and the environment in the disposal of 
the nation's high-level waste.'' Significantly, the bill 
permits the NRC to strike the standard in lieu of a new 
standard, but only if the NRC determines by rule, in 
consultation with the EPA, that the 100 millirem standard would 
not provide for adequate protection of the health and safety of 
the public and establishes a new standard by rule.
    Paragraph (1)(B) provides for application of the overall 
system performance standard. The subparagraph 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 (1) 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 of the overall 
system performance standard; and (2) 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 overall 
system performance standard based on regulatory insight gained 
through use of a probabilistic integrated performance model 
that uses the best estimate assumptions, data, and methods. 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 bill provides the NRC 
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 bill specifies 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.
    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 beyond allowable limits 
specified in paragraph (1). 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 NEPA and this section, DOE is 
directed to not consider the need for the repository, 
alternative sites for the repository, the time of initial 
availability of the repository, or any alternatives to 
isolation of spent nuclear fuel and high-level radioactive 
waste in a repository. This approach to NEPA review reflects 
the fact that these are requirements of the Nuclear Waste 
Policy Act of 1982 and this 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. Nothing in this subsection 
will affect any independent responsibilities of the NRC to 
protect the public health and safety under the Atomic Energy 
Act of 1954. In its EIS, the NRC is directed to not consider 
the need for a repository, the time of initial availability of 
the repository, alternative sites to the Yucca Mountain site, 
or nongeologic alternatives to such site.
    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 withdrawn 
from all forms of entry, appropriation, and disposal under the 
public lands laws, including the mineral leasing laws, the 
geothermal laws, the material sale laws, and the mining laws. 
Jurisdiction of any land within the interim storage facility 
site and Yucca Mountain site managed by the Secretary of the 
Interior or any other Federal officer is transferred to DOE. 
The interim storage facility and Yucca Mountain site are 
reserved for the use of DOE for the construction and operation 
of the interim storage facility, the repository, and activities 
associated with the purposes of Title II. 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 directs DOE to publish legal descriptions and 
file maps of the interim storage facility and repository. In 
addition, the subsection provides that these maps and legal 
descriptions will have the same force and effect as if they 
were included in this bill. DOE is authorized to 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

    Subsection (a) directs the NRC to 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, to the extent 
permitted by applicable provisions of law and regulation. 
Subsection (b) directs DOE to encourage efforts to develop 
private facilities for the storage of spent nuclear fuel, by 
providing information and assistance, as appropriate, to the 
developers of such facilities and to State and local 
governments and Indian tribes within those jurisdictions such 
facilities may be located, and to cooperate with developers of 
such facilities to assure compatibility between such facilities 
and the integrated management system. Subsection (c) states 
that development of private facilities for the storage of spent 
nuclear fuel or high-level radioactive waste would not relieve 
DOE of its obligations under this bill.

                       title iii--local relations

Sec. 301. On-site representative

    The section represents a continuation of the current Act, 
which directs the Secretary of Energy to allow Nye County, 
Nevada, to designate a representative to conduct oversight 
activities on behalf of the County at the Yucca Mountain site. 
Nothing in this Act affects or diminishes the scope of 
activities within the purview of the on-site representative. 
Reasonable expenses of such representation will be paid by DOE.

Sec. 302. Benefits agreements

    Subsection (a) directs DOE to offer to enter into separate 
agreements with Nye County 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 terminated 
only 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 only be one agreement each for Nye County and 
Lincoln County, Nevada. Under subsection (e), decisions by DOE 
under this section are not subject to judicial review.

Sec. 303. Content of agreements

    Subsection (a) establishes a schedule for the payment of 
benefits to Nye County and Lincoln County, Nevada, under 
benefits agreements authorized by section 302. Under this 
schedule, annual payments to each County prior to first receipt 
of spent fuel will be $2.5 million. Upon first spent fuel 
receipt, annual payments to each County will be $5 million. 
Thereafter, until closure of the interim storage facility and 
repository, annual payments to each County will be $5 million. 
The subsection clarifies that payments under benefits 
agreements are in addition to other payments to the affected 
units of local government provided by this bill.
    Under subsection (b), the benefits agreements will provide 
for the sharing of information, and permit the affected unit of 
local government to comment on development of the integrated 
management system and on documents required under law and 
regulation governing the effects of the system on the public 
health and safety. According to subsection (c), the signature 
of the Secretary of Energy on a valid benefits agreement under 
section 302 will constitute a commitment by the United States 
to make payments consistent with the agreement.
    DOE should 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, DOE 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. 304. 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. 305. 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.

Sec. 306. Initial land conveyances

    The section provides for the conveyance of certain Federal 
lands within the State of Nevada to Nye County, Lincoln County, 
and the City of Caliente, Nevada. Such transfers are not to 
occur earlier than October 1, 1998.

Sec. 307. Payments equal to taxes

    This section authorizes the Secretary to make payments to 
any affected Indian tribe or affected unit of local government 
an amount equal to that which the affected government would 
have received had it been allowed to tax the activities of the 
integrated management system. Subsection (b) authorizes the 
Secretary to halt such payments at such time as integrated 
management system activities or development are terminated.

                   TITLE IV--FUNDING AND ORGANIZATION

    Title IV makes a number of significant changes to program 
funding in order to assure funding is adequate to support 
continued development of the repository and development of an 
interim storage facility. These changes also redress a problem 
that has plagued the program since its inception--the diversion 
of dedicated consumer contributions to fund unrelated Federal 
programs. The bill makes a number of significant changes to 
nuclear waste program funding. First, by replacing the current 
mill fee with an annual fee that is adjusted to match 
appropriations, electric consumers will no longer pay far more 
than they receive in program funding. Electric consumers will 
receive a dollar of funding for every dollar of contribution. 
The incentive to divert consumer contributions to other Federal 
programs will be eliminated, since under the annual fee a 
reduction in program funding will result in reduced consumer 
contributions. Under the current fee structure, reducing 
nuclear waste program funding increases funds available for 
other programs.
    Second, by authorizing averaging of the annual fee, the 
title provides necessary flexibility to achieve the new 
responsibilities imposed by this bill. 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. By providing for acceptance at an interim storage 
facility in 2002, the bill is moving substantial costs forward 
by nearly ten years. According to information provided to the 
Committee by DOE, the cost of continuing development of the 
repository along the current schedule and beginning acceptance 
of spent fuel and waste at an interim storage facility in 2002 
would average about $800 million during the period Fiscal Year 
1999 through Fiscal Year 2010. However, funding requirements 
would range between $644 million and $1.1 billion during this 
period. If funding does not provide the flexibility to match 
these cost ranges, then some activities currently incorporated 
in the DOE program approach would have to be abandoned or 
deferred. This prospect is unacceptable, and the bill adopted 
averaging in order to provide the funding flexibility necessary 
to develop an interim storage facility without affecting 
repository characterization. Averaging will not increase 
overall program costs, but instead merely provides greater 
flexibility so that acceptance at an interim storage facility 
can begin by 2002 without sacrificing continued progress toward 
repository development.
    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. According to the ``Analysis of the Total System 
Life Cycle Cost of the Civilian Radioactive Waste Management 
Program'' (September 1995) prepared by DOE, underpayment of the 
defense contribution to the nuclear waste program totaled 
approximately $959 million through September 30, 1994. Although 
this legislation does not guarantee adequate appropriations 
will be made, prospects may be improved by a determination of 
the proper size of the defense contribution.
    Fourth, the bill provides for payment of one-time fees owed 
by utilities under section 302(a) of the Nuclear Waste Policy 
Act of 1982 before the end of Fiscal Year 2002. Under the 
budget laws, the shift from the mill fee to an annual fee 
adjusted to match appropriations levels reduces receipts. This 
shift was necessary in order to assure funding would be 
adequate to support development of both an interim storage 
facility and a repository, and to prevent continued diversion 
of consumer contributions to fund other Federal programs. It 
was necessary to provide for payment of outstanding one-time 
fees by a date certain in order to offset the loss of receipts 
attributable to the shift from the current mandatory mill fee 
to a discretionary annual fee.
    Fifth, this title preserves the existing balance in the 
Nuclear Waste Fund for future use.

Sec. 401. Program funding

    Subsection (a)(1) retains 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 upon payment of fees in accordance with 
paragraphs (2) and (3). Except as provided in paragraph (3), 
fees assessed pursuant to this paragraph will be paid to the 
Treasury and be available for use by DOE pursuant to this 
section until expended. 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. 
Subsection (a) does not require DOE to execute new contracts 
with current contract holders.
    Subsection (a)(1) differs from section 302(a)(1) of the 
Nuclear Waste Policy Act of 1982 in that it makes clear that 
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. Under 
subparagraph (A), 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 1999 and continue through the fiscal year in which 
disposal at the repository commences. During this period, the 
average annual fee cannot exceed one mill per kilowatt-hour 
generated and sold, and the fee in any single fiscal year in 
such period cannot exceed 1.5 mill. Any fee increase above one 
mill per kilowatt-hour during the averaging period would have 
to be offset by a decrease below one mill during the period to 
assure the average annual fee collected is no more than one 
mill per kilowatt-hour. After the fiscal year in which disposal 
at the repository commences, 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 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 the 
interim storage facility do not undermine progress on the 
commencement of disposal at the permanent repository in 2010.
    It appears that annual fees that average one-mill per 
kilowatt-hour will be sufficient to fund continued development 
of the repository and acceptance of spent nuclear fuel and 
high-level radioactive waste at an interim storage facility. 
Information supplied to the Committee by DOE indicates that in 
order to achieve these goals, a fee that averages one-mill per 
kilowatt-hour will be sufficient to maintain progress on the 
repository program and develop an interim storage facility by 
2002. DOE concluded in ``Nuclear Waste Fund Fee Adequacy: An 
Assessment'' (October 1996) that a fee of one mill per 
kilowatt-hour, along with the current balance of the Nuclear 
Waste Fund, is adequate to fund the nuclear waste program 
through 2071.
    Section 136 of the Nuclear Waste Policy Act of 1982 
authorized 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 
storage program in competition for funding with permanent 
repository. The bill maintains this principle by enabling DOE 
to collect more than the historic one-mill fee from utilities 
in certain years if it is necessary to provide adequate funding 
for both the ongoing permanent facility and for activities at 
the new interim storage facility.
    Under subparagraph (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 a number of 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, subparagraph (B) authorizes DOE to make 
expenditures from the Nuclear Waste Fund, without further 
appropriations, up to the level of the shortfall. This factor 
was anticipated in the 1982 Act, and DOE has estimated that the 
current balance of the Nuclear Waste Fund, in combination with 
the new fee structure proposed in H.R. 1270, will be adequate 
to fully fund construction, operation and closure of the 
permanent repository, currently planned for 2071. Subparagraph 
(C) directs DOE to establish procedures by rule to implement 
this paragraph.
    Subsection (a)(3) provides for payment of one-time fees 
established 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, at the rate of one mill per 
kilowatt-hour. In its implementation of section 302(a), DOE 
required that licensees agree to Standard Contracts, which DOE 
promulgated by rule (10 CFR Part 960.11). Under the Standard 
Contract issued by DOE in 1983, DOE granted licensees three 
options regarding payment of one-time fees: (1) Payment of one-
time fees plus interest over ten years; (2) a single payment of 
one-time fees plus interest anytime prior to the first delivery 
of spent nuclear fuel and high-level radioactive waste; or (3) 
payment of all one-time fees without interest over two years. 
All but 13 utilities chose the first and third options offered 
by DOE.
    One significant change made by the bill relates to the 
payment of one-time fees owed by utilities that opted to pay 
their fees in lump sum prior to acceptance of spent fuel and 
waste by DOE. Under the bill, these funds are required to be 
paid before the expiration of Fiscal Year 2002. This will 
result in an estimated payment of $2.7 billion in that fiscal 
year by utilities that have not yet paid their one-time fees. 
This change is necessary in order to assure that the 
legislation does not violate budgetary pay-as-you-go 
limitations. The bill directs the NRC to suspend the license of 
any licensee who fails or refuses to pay the full amount of its 
one-time fee, and that license will remain suspended until the 
full amount of the fee is paid. This sanction ensures that 
utilities owing one-time fees will pay them before the end of 
Fiscal Year 2002. Payment of one-time fees relieves utilities 
of any further obligation to the Federal government under 
paragraph (3) for DOE's storage and disposal of their spent 
nuclear fuel and high-level radioactive waste.
    With one major exception, subsection (b) largely retains 
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. The Nuclear Waste Policy Act of 1982 did not 
explicitly provide for disposal of spent fuel and waste from 
defense activities in the permanent repository. Section 8 left 
the decision on whether to dispose of defense waste in the 
repository to the President. On April 30, 1985, President 
Reagan determined there was no basis to conclude a repository 
dedicated to defense waste was required, and authorized 
disposal of defense waste in the repository. It is appropriate 
that Federal departments pay their appropriate share of the 
cost of the repository.
    Paragraph (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 is authorized to require that an applicant 
enter into an agreement with DOE as a precondition to the 
issuance or renewal of a license. Paragraph (2) prohibits the 
disposal of spent nuclear fuel and high-level radioactive waste 
generated or owned by a person other than a department of the 
Federal government in the repository unless the generator or 
owner of such spent fuel or waste has entered into a contract 
under subsection (a) of the bill by not later than the date on 
which such generator or owner commences generation of, or takes 
title to, such spent fuel or waste. Paragraphs (1) and (2) are 
intended to assure that generators and owners of spent fuel and 
waste enter into contracts with DOE before they commence 
generation or take title to spent fuel or waste. Paragraph (2) 
is intended to apply prospectively, since generators and owners 
of spent fuel and waste generated prior to the date of 
enactment have all entered into contracts. 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. Paragraph (1) provides that the Nuclear 
Waste Fund will consist of the balance in the Fund prior to the 
date of enactment of this bill, any appropriations made by 
Congress before the date of enactment of the Nuclear Waste 
Policy Act of 1997 to the Nuclear Waste Fund, all interest paid 
on amounts invested by the Treasury under paragraph (3)(B), and 
one-time fees collected pursuant to subsection (a)(3). 
Paragraph (2) provides that the Fund will be used only for 
purposes of the integrated management system. These provisions 
make clear that the Fund is reserved for the exclusive use of 
DOE in implementing the integrated management system. Paragraph 
(3) retains provisions of section 302(e)(1) 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 of 
the Fund.
    Subsection (d) limits the expenditure of funds collected 
under this section and section 403 after the date of enactment 
of this bill for purposes of the integrated management system.
    Subsection (e) prohibits the use of funds collected under 
this section or section 403 to design or construct packages 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 packages for the transportation, storage, or disposal of 
spent fuel and waste. The provision is not intended to prevent 
DOE from procuring such packages from private suppliers. DOE 
should meet its transportation responsibilities under the bill 
by procuring from private suppliers packages for 
transportation, storage, or disposal of spent fuel and waste. 
Private firms have developed and are continuing to develop such 
packages and are obtaining certification from the NRC.
    The 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 
packages licensed for storage, transportation, and disposal by 
1998, but packages licensed only for storage and 
transportation. Third, the MPC program, even if it produced 
packages later licensed for disposal, would not have produced a 
universal solution. The MPC would not have accommodated all 
spent fuel and waste, and other packages would be needed. 
Fourth, the bill moves forward hundreds of millions of dollars 
that otherwise would have been spent years later. This led the 
Committee to scrutinize the program approach in order to 
determine possible savings. Fifth, packages have been developed 
and licensed by private sector firms. The requirement that 
spent fuel and waste be transported in packages certified by 
the NRC gives utilities a powerful incentive to assure packages 
are certified to accommodate their spent fuel and waste.
    The bill maintains the burden of procuring and deploying 
packages with DOE. The current obligation of DOE to procure 
these packages 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 packages. If an MPC is 
developed and certified by a private firm, DOE can procure and 
deploy MPCs in lieu of other packages 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 
Energy of expenditures under this bill and other financial 
matters. Appropriations will also be subject to triennial 
authorization.
    Subsection (g) provides that section 401 takes effect on 
October 1, 1998, and section 302 of the Nuclear Waste Policy 
Act of 1982 continues in effect until that date. This ensures 
that DOE has authority to collect the mill fee until it is 
replaced by the annual fee in Fiscal Year 1999.

Sec. 402. Office of Civilian Radioactive Waste Management

    This section continues in effect the Office of Civilian 
Radioactive Waste Management (OCRWM), established by section 
304 of the 1982 Act to manage the DOE 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 April 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 its ``Analysis of the Total System 
Life Cycle Cost of the Civilian Radioactive Waste Management 
Program'' (September 1995), DOE indicated the defense 
underpayment through September 30, 1994, totaled 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 and spent fuel from 
foreign research reactors. The defense contribution will 
include an appropriate portion of costs associated with 
research and development with respect to development of an 
interim storage facility and repository, and interest on the 
principal amounts due. 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 and 
spent fuel from foreign research rectors requiring management 
in the integrated management system. Subsection (d) authorizes 
the appropriation of the defense contribution to pay the costs 
of managing spent fuel and waste from atomic energy defense 
activities.

             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 of 1954 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 and this Act'' is intended to include 
a statutory provision or a regulation issued thereunder.
    The second sentence addresses the relationship between non-
Federal 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. Water rights

     Subsection (a) provides that nothing in this Act or any 
other Act of Congress will constitute or be construed to 
constitute either an express or implied Federal reservation of 
water or water rights for any purpose arising under this bill. 
Subsection (b) authorizes the Federal government to acquire and 
exercise such water rights as it deems necessary to carry out 
its responsibilities under the Act pursuant to the substantive 
and procedural requirements of the State of Nevada. The 
subsection clarifies that nothing in this Act shall be 
construed to authorize the use of eminent domain by the United 
States to acquire water rights for such lands. Subsection (c) 
clarifies that nothing in this Act shall be construed to limit 
the exercise of water rights as provided under Nevada State 
laws.

Sec. 503. Judicial review of agency actions

    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.
    The 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. The 
elimination of the 70,000 MTU cap will provide DOE the 
flexibility it needs to maximize the size of the repository 
consistent with licensing requirements.

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 metric tons uranium 
(MTU) in the first year of acceptance, 600 MTU the second year, 
and 900 MTU beginning in the third year. Paragraph (2) 
establishes a higher acceptance rate--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. DOE has indicated that these acceptance 
rates are achievable.
    The acceptance priority established by DOE in its 
``Acceptance Priority Report'' (March 1995) is not affected by 
this bill. The Standard Contract does not provide an actual 
schedule for acceptance of spent nuclear fuel and high-level 
radioactive waste. However, Article IV.B.5.(a) of the Standard 
Contract directs DOE to issue an acceptance priority report and 
annual capacity report for planning purposes that sets forth 
the priority ranking and projected annual receiving capacity 
for DOE facilities. The acceptance priority report and annual 
capacity report are for planning purposes only and are not 
contractually binding on either DOE or the contract holders; 
however, the bill does not alter the priority ranking 
established by DOE.
    In addition, this section directs DOE to accept specified 
quantities of spent fuel and waste from atomic energy defense 
activities, foreign research reactors, and civilian nuclear 
power reactors which have permanently ceased operation. 
Paragraph (3) directs DOE to reserve at least 25 percent of the 
difference between the acceptance rate established in paragraph 
(2) and the rate provided by the schedule for contracts 
executed prior to the date of enactment of the bill, or 5 
percent of the total amount of spent fuel and waste actually 
accepted, whichever is higher, for acceptance of spent nuclear 
fuel from foreign research reactors, spent fuel from naval 
reactors, and high-level radioactive waste from atomic energy 
defense activities. If the amount of such spent fuel and waste 
is less than the minimum amount prescribed in paragraph (2), 
DOE is directed to accept spent fuel and waste from civilian 
nuclear power reactors which have permanently ceased operation. 
Under paragraph (4), if the acceptance rate in paragraph (2) is 
not achieved, DOE is directed to accept the spent fuel and 
waste described in paragraph (3)(A) in an amount that is the 
greater of the acceptance rate prescribed by paragraph (3) and 
calculated on the amount of spent fuel and waste actually 
received or 5 percent of the total amount of spent fuel and 
waste received.
    In the early years of acceptance, DOE may not be prepared 
to accept significant volumes of spent fuel and waste from 
naval reactors, foreign research reactors, and atomic energy 
defense activities. In that event, DOE should accept spent fuel 
and waste from civilian nuclear power reactors which have 
permanently ceased operation. In addition, DOE is authorized to 
accept other spent fuel and waste if acceptance of spent fuel 
from foreign research reactors, spent fuel from naval reactors, 
high-level radioactive waste from atomic energy defense 
activities, and spent fuel and waste from civilian nuclear 
power reactors which have permanently ceased operation does not 
meet the minimum amount prescribed in paragraph (2). DOE should 
consider a variety of factors, including safety and costs, in 
the exercise of this discretion. The requirements of paragraph 
(3) 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.
    Paragraph (5) requires that, if DOE is unable to begin 
acceptance by January 31, 2002, at the rate specified in 
paragraph (2), or if the cumulative amount accepted in any year 
thereafter is less than that provided in paragraph (2), DOE 
will adjust the acceptance rate upward such that within five 
years of the beginning of acceptance the total quantity 
accepted by DOE is consistent with the total quantity that 
would have been accepted if DOE had begun acceptance in 2002 
and continued to accept spent fuel and waste at the rate 
specified in paragraph (2).
    Paragraph (6) states that the acceptance schedule will not 
be affected or modified in any way as a result of DOE's 
acceptance of any material other than contract holders' spent 
nuclear fuel and high-level radioactive waste. This is intended 
to preserve the acceptance rate and acceptance priority 
established in DOE's ``Acceptance Priority Report'' (March 
1995).

Sec. 509. Subseabed or ocean water disposal

    This section prohibits the subseabed or ocean water 
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 largely been 
alleviated, which is reflected by the reliance of the Committee 
on the program approach announced by DOE in 1994, and modified 
in 1996. Progress has been made, but there is still room for 
improvement.

Sec. 701. Management reform initiatives

    Subsection (a) directs DOE to take actions as necessary to 
improve the management of the nuclear waste program to ensure 
that the program is operated, to the maximum extent 
practicable, in like manner as a private business. Subsection 
(b) provides that DOE employ 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

    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.

                              Agency Views

                 Executive Office of the President,
                           Office of Management and Budget,
                               Washington, DC., September 18, 1997.
Hon. Thomas J. Bliley, Jr.,
Chairman, Committee on Commerce,
House of Representatives, Washington DC.
    Dear Mr. Chairman: I am writing to advise you of the 
Administration's views on H.R. 1270, the proposed Nuclear Waste 
Policy Act of 1997. The Administration shares your commitment 
to resolving the complex and important issue of nuclear waste 
management in a timely and sensible manner, consistent with 
sound science and the protection of public health, safety, and 
the environment. The Federal government's long-standing 
commitment to permanent, geologic disposal should remain the 
basic goal of high-level radioactive waste management policy.
    Congress established a process to ensure that sound 
technical judgment plays the primary role in determining 
whether a particular site can host a permanent nuclear waste 
repository. Designating the Nevada Test Site as the interim 
waste storage site at this point undermines the ongoing 
evaluation of Yucca Mountain as a permanent disposal site as 
required by the Nuclear Waste Policy Act Amendments of 1987. In 
addition, the bill runs the risk of reducing resources needed 
for this effort. More importantly, it could undermine the 
credibility of the Nation's nuclear waste disposal program by 
prejudicing the Yucca Mountain permanent repository decision.
    The Administration believes that a decision on the siting 
of an interim storage facility should be based on objective, 
science-based criteria and should be informed by the viability 
assessment of Yucca Mountain. Therefore, the President has 
stated that he would veto any legislation that would designate 
an interim storage facility at a specific site before the 
viability of a permanent geologic repository at Yucca Mountain 
has been determined.
    In addition, the bill presents a number of environmental 
problems, including the removal of the Environmental Protection 
Agency from its responsibility for developing a radiation 
exposure standard and preempting the National Environmental 
Policy Act and other applicable Federal, State and local laws.
    The Administration understands the concerns of the utility 
industry, public utility commissions, and others about the 
inability of the Department of Energy to accept spent nuclear 
fuel by January 31, 1998. Secretary Pena has made very effort 
since his confirmation to work cooperatively with the affected 
parties to find satisfactory ways of mitigating the impacts of 
this delay and will continue to do so.
    Thank you for your consideration of these views.
            Sincerely,
                                      Franklin D. Raines, Director.

         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

An Act to provide for the development of repositories for the disposal 
of high-level radioactive waste and spent nuclear fuel, to establish a 
   program of research, development, and demonstration regarding the 
 disposal of high-level radioactive waste and spent nuclear fuel, and 
                          for other purposes.

  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.
[Sec. 307. Payments equal to taxes.

                   [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 terms ``engineered barriers'' and 
        ``engineered systems and components'' mean man made 
        components of a disposal system designed to prevent the 
        release of radionuclides into the geologic medium 
        involved. Such terms include 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 involvedby 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.

                  [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. 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 jurisdicational 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, 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 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.

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

                                [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.

                             [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.

                        [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.).

 [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 submissionby 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.

            [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.

                 [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.

  [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.

                            [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. (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 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, 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).

       [TITLE III--OTHER PROVISIONS RELATING TO RADIOACTIVE WASTE

                             [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) Audit by GAO.--If requested by either House of the 
Congress (or any committee thereof) or if considered necessary 
by the Comptroller General, the General Accounting Office shall 
conduct an audit of the Office, in accord 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 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 
asthe 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; or
          [(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, 
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. SHORT TITLE AND TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Nuclear 
Waste Policy Act of 1997''.
  (b) Table of Contents.--

Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
Sec. 3. Findings and purposes.

                          TITLE I--OBLIGATIONS

Sec. 101. Obligations of the Secretary of Energy.

                 TITLE II--INTEGRATED MANAGEMENT SYSTEM

Sec. 201. Intermodal transfer.
Sec. 202. Transportation planning.
Sec. 203. Transportation requirements.
Sec. 204. Interim storage.
Sec. 205. Permanent disposal.
Sec. 206. Land withdrawal.
Sec. 207. Private storage facilities.

                       TITLE III--LOCAL RELATIONS

Sec. 301. On-site representative.
Sec. 302. Benefits agreements.
Sec. 303. Content of agreements.
Sec. 304. Acceptance of benefits.
Sec. 305. Restriction on use of funds.
Sec. 306 Initial land conveyances.
Sec. 307 Payments equal to taxes.

                   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. 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 in section 
        508 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 terms ``engineered 
        barriers'' and ``engineered systems and components'', 
        mean man made components of a disposal system. Such 
        terms include the spent nuclear fuel or high-level 
        radioactive waste form, spent nuclear fuel package or 
        high-level radioactive waste package, and other 
        materials placed over and around such packages.
          (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;
                  (B) the highly radioactive material resulting 
                from atomic energy defense activities; and
                  (C) any other highly radioactive material 
                that the Commission, consistent with existing 
                law, determines by rule requires permanent 
                isolation.
          (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'' mean 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 term ``Nuclear Waste 
        Fund'' means the nuclear waste fund established in the 
        United States Treasury prior to the date of enactment 
        of this Act under section 302(c) of the Nuclear Waste 
        Policy Act of 1982.
          (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) Package.--The term ``package'' means the primary 
        container that holds, and is in direct contact with, 
        solidified high-level radioactive waste, spent nuclear 
        fuel, or other radioactive materials and any overpack 
        that are emplaced at a repository.
          (23) Program approach.--The term ``program approach'' 
        means the Civilian Radioactive Waste Management Program 
        Plan, dated May 1996, as modified by this Act, and as 
        amended from time to time by the Secretary in 
        accordance with this Act.
          (24) 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.
          (25) Secretary.--The term ``Secretary'' means the 
        Secretary of Energy.
          (26) 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.
          (27) 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.
          (28) 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.
          (29) Withdrawal.--The term ``withdrawal'' has the 
        same definition as that set forth in the Federal Land 
        Policy and Management Act (43 U.S.C. 1702 et seq.).
          (30) 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, 2002, it is necessary for 
        Congress to authorize the interim storage facility;
          (4) deficit-control measures designed to limit 
        appropriation of general revenues have limited the 
        availability of the Nuclear Waste Fund for its intended 
        purposes; and
          (5) the Federal Government has the responsibility to 
        provide for the permanent disposal of waste generated 
        from United States atomic energy defense activities.
  (b) Purposes.--The purposes of this Act are--
          (1) to direct the Secretary to develop an integrated 
        management system in accordance with this Act so that 
        the Department can accept spent nuclear fuel or high-
        level radioactive waste for interim storage commencing 
        no later than January 31, 2002, 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 fromthe 
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, 2002.

                          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, 2002.
  (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.

                 TITLE II--INTEGRATED MANAGEMENT SYSTEM

SEC. 201. INTERMODAL TRANSFER.

  (a) Transportation.--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. If direct rail 
access becomes available to the interim storage facility site, 
the Secretary may use rail transportation to meet the 
requirements of this title.
  (b) Capability Date.--The Secretary shall develop the 
capability to commence rail to truck intermodal transfer at 
Caliente, Nevada, no later than January 31, 2002.
  (c) Acquisitions.--The Secretary shall acquire lands and 
rights-of-way necessary to commence intermodal transfer at 
Caliente, Nevada.
  (d) Replacements.--The Secretary shall acquire and develop on 
behalf of, and dedicate to, the City of Caliente, Nevada, 
parcels of land and 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, 2002.
  (e) Notice and Map.--Within 6 months of the date of enactment 
of this Act, the Secretary shall--
          (1) publish in the Federal Register a notice 
        containing a legal description of the sites and rights-
        of-way to be acquired under this section; and
          (2) file copies of a map of such sites and rights-of-
        way with the Congress, the Secretary of the Interior, 
        the State of Nevada, the Archivist of the United 
        States, the Board of Lincoln County Commissioners, the 
        Board of Nye County Commissioners, and the Caliente 
        City Council.
Such map and legal description shall have the same force and 
effect as if they were included in this Act. The Secretary may 
correct clerical and typographical errors in legal descriptions 
and make minor adjustments in the boundaries.
  (f) Improvements.--The Secretary shall make improvements to 
existing roadways selected for heavy-haul truck transport 
between Caliente, Nevada, and the interim storage facility site 
as necessary to facilitate year-round safe transport of spent 
nuclear fuel and high-level radioactive waste.
  (g) Heavy-Haul Transportation Route.--
          (1) Designation of route.--The route for the heavy-
        haul truck transport of spent nuclear fuel and high-
        level radioactive waste shall be as designated in the 
        map dated July 21, 1997 (referred to as ``Heavy-Haul 
        Route'') and on file with the Secretary.
          (2) Truck transportation.--The Secretary, in 
        consultation with the State of Nevada and appropriate 
        counties and local jurisdictions, shall establish 
        reasonable terms and conditions pursuant to which the 
        Secretary may utilize heavy-haul truck transport to 
        move spent nuclear fuel and high-level radioactive 
        waste from Caliente, Nevada, to the interim storage 
        facility site.
          (3) Improvements and maintenance.--Notwithstanding 
        any other law--
                  (A) the Secretary shall be responsible for 
                any incremental costs related to improving or 
                upgrading Federal, State, and local roads 
                within the heavy-haul transportation route 
                utilized, and performing any maintenance 
                activities on such roads, as necessary, to 
                facilitate year-round safe transport of spent 
                nuclear fuel and high-level radioactive waste; 
                and
                  (B) any such improvement, upgrading, or 
                maintenance activity shall be funded solely by 
                appropriations made pursuant to sections 401 
                and 403 of this Act.
  (h) Local Government Involvement.--The Commission shall enter 
into a Memorandum of Understanding with the City of Caliente 
and Lincoln County, Nevada, to provide advice to the Commission 
regarding intermodal transfer and to facilitate on-site 
representation. Reasonable expenses of such representation 
shall be paid by the Secretary.

SEC. 202. TRANSPORTATION PLANNING.

  (a) Transportation Readiness.--The Secretary shall take those 
actions that are necessary and appropriate to ensure that the 
Secretary is able to accept and transport spent nuclear fuel 
and high-level radioactive waste beginning not later than 
January 31, 2002. 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, 2002. 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.--
          (1) In general.--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.
          (2) Employee organizations.--
                  (A) In general.--The Secretary shall provide 
                technical assistance and funds for training 
                directly to nonprofit employee organizations 
                and joint labor-management organizations that 
                demonstrate experience in implementing and 
                operating worker health and safety training and 
                education programs and demonstrate the ability 
                to reach and involve in training programs 
                target populations of workers who are or will 
                be directly engaged in the transportation of 
                spent nuclear fuel and high-level radioactive 
                waste or emergency response or post-emergency 
                response with respect to such transportation.
                  (B) Training.--Training under this 
                paragraph--
                          (i) shall cover procedures required 
                        for safe routine transportation of 
                        materials and procedures for dealing 
                        with emergency response situations;
                          (ii) shall be consistent with any 
                        training standards established by the 
                        Secretary of Transportation; and
                          (iii) shall include--
                                  (I) a training program 
                                applicable to persons 
                                responsible for responding to 
                                emergency situations occurring 
                                during the removal and 
                                transportation of spent nuclear 
                                fuel and high-level radioactive 
                                waste;
                                  (II) instruction of public 
                                safety officers in procedures 
                                for the command and control of 
                                the response to any incident 
                                involving the waste; and
                                  (III) instruction of 
                                radiological protection and 
                                emergency medical personnel in 
                                procedures for responding to an 
                                incident involving spent 
                                nuclear fuel or high-level 
                                radioactive waste being 
                                transported.
          (3) Grants.--To implement this subsection, grants 
        shall be made under section 401(c).
          (4) Minimizing duplication of effort and expenses.--
        The Secretaries of Transportation, Labor, and Energy, 
        Directors of the Federal Emergency Management Agency 
        and National Institute of Environmental Health 
        Sciences, the Nuclear Regulatory Commission, and 
        Administrator of the Environmental Protection Agency 
        shall review periodically, with the head of each 
        department, agency, or instrumentality of the 
        Government, all emergency response and preparedness 
        training programs of that department, agency, or 
        instrumentality to minimize duplication of effort and 
        expense of the department, agency, or instrumentality 
        in carrying out the programs and shall take necessary 
        action to minimize duplication.
  (d) Use of Private Carriers.--The Secretary, in providing for 
the transportation of spent nuclear fuel and high-level 
radioactive waste under this Act, shall by contract use 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.
  (f) Employee Protection.--Any person engaged in the 
interstate commerce of spent nuclear fuel or high-level 
radioactive waste under contract to the Secretary pursuant to 
this Act shall be subject to and comply fully with the employee 
protection provisions of section 20109 of title 49, United 
States Code (in the case of employees of railroad carriers), 
and section 31105 of title 49, United States Code (in the case 
of employees operating commercial motor vehicles), or the 
Commission (in the case of all other employees).
  (g) Training Standard.--
          (1) Regulation.--No later than 12 months after the 
        date of enactment of this Act, the Secretary of 
        Transportation, pursuant to authority under other 
        provisions of law, in consultationwith the Secretary of 
Labor and the Commission, shall promulgate a regulation establishing 
training standards applicable to workers directly involved in the 
removal and transportation of spent nuclear fuel and high-level 
radioactive waste. The regulation shall specify minimum training 
standards applicable to workers, including managerial personnel. The 
regulation shall require that the employer possess evidence of 
satisfaction of the applicable training standard before any individual 
may be employed in the removal and transportation of spent nuclear fuel 
and high-level radioactive waste.
          (2) Secretary of Transportation.--If the Secretary of 
        Transportation determines, in promulgating the 
        regulation required by paragraph (1), that regulations 
        promulgated by the Commission establish adequate 
        training standards for workers, then the Secretary of 
        Transportation can refrain from promulgating additional 
        regulations with respect to worker training in such 
        activities. The Secretary of Transportation and the 
        Commission shall use their Memorandum of Understanding 
        to ensure coordination of worker training standards and 
        to avoid duplicative regulation.
          (3) Training standards content.--The training 
        standards required to be promulgated under paragraph 
        (1) shall, among other things deemed necessary and 
        appropriate by the Secretary of Transportation, include 
        the following provisions--
                  (A) a specified minimum number of hours of 
                initial off site instruction and actual field 
                experience under the direct supervision of a 
                trained, experienced supervisor;
                  (B) a requirement that onsite managerial 
                personnel receive the same training as workers, 
                and a minimum number of additional hours of 
                specialized training pertinent to their 
                managerial responsibilities; and
                  (C) a training program applicable to persons 
                responsible for responding to and cleaning up 
                emergency situations occurring during the 
                removal and transportation of spent nuclear 
                fuel and high-level radioactive waste.
          (4) Authorization.--There is authorized to be 
        appropriated to the Secretary of Transportation, from 
        general revenues, such sums as may be necessary to 
        perform his duties under this subsection.

SEC. 204. INTERIM STORAGE.

  (a) Authorization.--The Secretary shall design, construct, 
and operate a facility for the interim storage of spent nuclear 
fuel and high-level radioactive waste at the interim storage 
facility site. The interim storage facility shall be subject to 
licensing pursuant to the Atomic Energy Act of 1954 (42 U.S.C. 
2011 et seq.) in accordance with the Commission's regulations 
governing the licensing of independent spent fuel storage 
installations and shall commence operation in phases by January 
31, 2002. The interim storage facility shall store spent 
nuclear fuel and high-level radioactive waste until the 
Secretary is able to transfer such fuel and waste 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, 2002.
          (2) First phase.--No later than 12 months after the 
        date of enactment of this Act, 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 36 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 this Act 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 this Act 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.
  (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) Savings Clause.--Nothing in this Act shall affect the 
Commission's procedures for the licensing of any technology for 
the dry storage of spent nuclear fuel at the site of any 
civilian nuclear power reactor as adopted by the Commission 
under section 218 of the Nuclear Waste Policy Act of 1982, as 
in effect prior to the date of the enactment of this Act. The 
establishment of such procedures shall not preclude the 
licensing, under any applicable procedures or rules of the 
Commission in effect prior to such establishment, of any 
technology for the storage of civilian spent nuclear fuel at 
the site of any civilian nuclear power reactor.

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, 2002, 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 
this Act, the Commission shall amend its regulations governing 
the disposal of spent nuclear fuel and high-level radioactive 
waste in geologic repositories to the extent necessary to 
comply with this Act. Subject to subsection (c), such 
regulations shall provide for the licensing of the repository 
according to the following procedures:
          (1) Construction authorization.--The Commission shall 
        grant the Secretary a construction authorization for 
        the repository upon determining that there is 
        reasonable assurance that spent nuclear fuel and high-
        level radioactive waste can be disposed of in the 
        repository--
                  (A) in conformity with the Secretary's 
                application, the provisions of this Act, and 
                the regulations of the Commission;
                  (B) with adequate protection of the health 
                and safety of the public; and
                  (C) consistent with the common defense and 
                security.
          (2) License.--Following substantial completion of 
        construction and the filing of any additional 
        information needed to complete the license application, 
        the Commission shall issue a license to dispose of 
        spent nuclear fuel and high-level radioactive waste in 
        the repository if the Commission determines that the 
        repository has been constructed and will operate--
                  (A) in conformity with the Secretary's 
                application, the provisions of this Act, and 
                the regulations of the Commission;
                  (B) with adequate protection of the health 
                and safety of the public; and
                  (C) consistent with the common defense and 
                security.
          (3) Closure.--After emplacing spent nuclear fuel and 
        high-level radioactive waste in the repository and 
        collecting sufficient confirmatory data on repository 
        performance to reasonably confirm the basis for 
        repository closure consistent with the Commission's 
        regulations applicable to the licensing of a 
        repository, as modified in accordance with this Act, 
        the Secretary shall apply to the Commission to amend 
        the license to permit permanent closure of the 
        repository. The Commission shall grant such license 
        amendment upon finding that there is reasonable 
        assurance that the repository can be permanently 
        closed--
                  (A) in conformity with the Secretary's 
                application to amend the license, the 
                provisions of this Act, and the regulations of 
                the Commission;
                  (B) with adequate protection of the health 
                and safety of the public; and
                  (C) consistent with the common defense and 
                security.
          (4) Post-closure.--The Secretary shall take those 
        actions necessary and appropriate at the Yucca Mountain 
        site to prevent any activity at the site subsequent to 
        repository closure that poses an unreasonable risk of--
                  (A) breaching the repository's engineered or 
                geologic barriers; or
                  (B) increasing the 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 this Act 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, in 
                consultation with the Administrator of the 
                Environmental Protection Agency, determines by 
                rule that such standard would not provide for 
                adequate protection of the health and safety of 
                the public and establishes by rule another 
                standard which will provide for adequate 
                protection of the health and safety of the 
                public. 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 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 (42 U.S.C. 2011 et seq.). 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 this Act, the Secretary shall--
                  (A) publish in the Federal Register a notice 
                containing a legal description of the interim 
                storage facility site; and
                  (B) file copies of the maps described in 
                paragraph (1), and the legal description of the 
                interim storage facility site with the 
                Congress, the Secretary of the Interior, the 
                Governor of Nevada, and the Archivist of the 
                United States.
          (4) Notice and maps.--Concurrent with the Secretary's 
        application to the Commission for authority to 
        construct the repository, the Secretary shall--
                  (A) publish in the Federal Register a notice 
                containing a legal description of the Yucca 
                Mountain site; and
                  (B) file copies of the maps described in 
                paragraph (2), and the legal description of the 
                Yucca Mountain site with the Congress, the 
                Secretary of the Interior, the Governor of 
                Nevada, and the Archivist of the United States.
          (5) Construction.--The maps and legal descriptions of 
        the interim storage facility site and the Yucca 
        Mountain site referred to in this subsection shall have 
        the same force and effect as if they were included in 
        this Act. The Secretary may correct clerical and 
        typographical errors in the maps and legal descriptions 
        and make minor adjustments in the boundaries of the 
        sites.

SEC. 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 
application 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--LOCAL RELATIONS

SEC. 301. ON-SITE REPRESENTATIVE.

  The Secretary shall offer to Nye County, Nevada, an 
opportunity to designate a representative to conduct on-site 
oversight activities at the Yucca Mountain site. Reasonable 
expenses of such representatives shall be paid by the 
Secretary.

SEC. 302. BENEFITS AGREEMENTS.

  (a) In General.--
          (1) Separate agreements.--The Secretary shall offer 
        to enter into separate agreements with Nye County, 
        Nevada, and Lincoln County, Nevada, concerning the 
        integrated management system.
          (2) Agreement content.--Any agreement shall contain 
        such terms and conditions, including such financial and 
        institutional arrangements, as the Secretary and 
        agreement entity determine to be reasonable and 
        appropriate and shall contain such provisions as are 
        necessary to preserve any right to participation or 
        compensation of Nye County, Nevada, and Lincoln County, 
        Nevada.
  (b) Amendment.--An agreement entered into under subsection 
(a) may be amended only with the mutual consent of the parties 
to the amendment and terminated only in accordance with 
subsection (c).
  (c) Termination.--The Secretary shall terminate an agreement 
under subsection (a) if any element of the integrated 
management system may not be completed.
  (d) Limitation.--Only 1 agreement each for Nye County, 
Nevada, and Lincoln County, Nevada, may be in effect at any one 
time.
  (e) Judicial Review.--Decisions of the Secretary under this 
section are not subject to judicial review.

SEC. 303. CONTENT OF AGREEMENTS.

  (a) In General.--
          (1) Schedule.--The Secretary, subject to 
        appropriations, shall make payments to the party of a 
        benefits agreement under section 302(a) in accordance 
        with the following schedule:

                            BENEFITS SCHEDULE                           
                          [Amounts in millions]                         
------------------------------------------------------------------------
                            Event                                County 
------------------------------------------------------------------------
(A) Annual payments prior to first receipt of fuel...........       $2.5
(B) Upon first spent fuel receipt............................       $5  
(C) Annual payments after first spent fuel receipt until                
 closure of facility.........................................       $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 line (A) of the benefit 
        schedule shall be made on the date of execution of the 
        benefits agreement and thereafter on the anniversary 
        date of such execution. Annual payments after the first 
        spent fuel receipt until closure of the facility under 
        line (C) of the benefit schedule shall be made on the 
        anniversary date of such first spent fuel receipt.
          (4) Reduction.--If the first spent fuel payment under 
        line (B) is made within 6 months after the last annual 
        payment prior to the receipt of spent fuel under line 
        (A) of the benefit schedule, such first spent fuel 
        payment under line (B) of the benefit schedule shall be 
        reduced by an amount equal to \1/12\ of such annual 
        payment under line (A) of the benefit schedule for each 
        full month less than 6 that has not elapsed since the 
        last annual payment under line (A) of the benefit 
        schedule.
  (b) Contents.--A benefits agreement under section 302 shall 
provide that--
          (1) the parties to the agreement shall share with one 
        another information relevant to the licensing process 
        for the interim storage facility or repository, as it 
        becomes available; and
          (2) the affected unit of local government that is 
        party to such agreement may comment on the development 
        of the integrated management system and on documents 
        required under law or regulations governing the effects 
        of the system on the public health and safety.
  (c) Construction.--The signature of the Secretary on a valid 
benefits agreement under section 302 shall constitute a 
commitment by the United States to make payments in accordance 
with such agreement.

SEC. 304. ACCEPTANCE OF BENEFITS.

  (a) Consent.--The acceptance or use of any of the benefits 
provided under this title by any affected unit of local 
government shall not be deemed to be an expression of consent, 
express, or denied, either under the Constitution of the State 
of Nevada or any law thereof, to the siting of the interim 
storage facility or repository in the State of Nevada, any 
provision of such Constitution or laws to the contrary 
notwithstanding.
  (b) Arguments.--Neither the United States nor any other 
entity may assert any argument based on legal or equitable 
estoppel, or acquiescence, or waiver, or consensual 
involvement, in response to any decision by the State of 
Nevada, to oppose the siting in Nevada of the interim storage 
facility or repository premised upon or related to the 
acceptance or use of benefits under this title.
  (c) Liability.--No liability of any nature shall accrue to be 
asserted against the State of Nevada, its Governor, any 
official thereof, or any official of any governmental unit 
thereof, premised solely upon the acceptance or use of benefits 
under this title.

SEC. 305. RESTRICTION ON USE OF FUNDS.

  None of the funding provided under section 303 may be used--
          (1) directly or indirectly to influence legislative 
        action on any matter pending before Congress or a State 
        legislature or for any lobbying activity as provided in 
        section 1913 of title 18, United States Code;
          (2) for litigation purposes; and
          (3) to support multistate efforts or other coalition-
        building activities inconsistent with the purposes of 
        this Act.

SEC. 306. INITIAL LAND CONVEYANCES.

  (a) Conveyance of Public Lands.--Within 120 days after 
October 1, 1998, the Secretary of the Interior, or other agency 
with jurisdiction over the public lands described in subsection 
(b), shall convey the public lands described in subsection (b) 
to the appropriate county, unless the county notifies the 
Secretary of the Interior or the head of such other appropriate 
agency in writing within 60 days of such date of enactment that 
it elects not to take title to all or any part of the property, 
except that any lands conveyed to the County of Nye, County of 
Lincoln, or the City of Caliente under this subsection that are 
subject to a Federal grazing permit or a similar federally 
granted privilege shall be conveyed between 60 and 120 days of 
the earliest time the Federal agency administering or granting 
the privilege would be able to legally terminate such privilege 
under the statutes and regulations existing on October 1, 1998, 
unless the Federal agency, county or city, and the affected 
holder of the privilege negotiate an agreement that allows for 
an earlier conveyance, but in no case to occur earlier than 
October 1, 1998.
  (b) Special Conveyances.--Subject to valid existing rights 
and notwithstanding any other law, the Secretary of the 
Interior or the head of the other appropriate agency shall 
convey:
          (1) To the County of Nye, Nevada, the following 
        public lands depicted on the maps dated October 11, 
        1995, and on file with the Secretary:
                  Map 1: Proposed Pahrump Industrial Park Site
                  Map 2: Proposed Lathrop Wells (Gate 510) 
                Industrial Park Site
                  Map 3: Pahrump Landfill Sites
                  Map 4: Amargosa Valley Regional Landfill Site
                  Map 5: Amargosa Valley Municipal Landfill 
                Site
                  Map 6: Beatty Landfill/Transfer station Site
                  Map 7: Round Mountain Landfill Site
                  Map 8: Tonopah Landfill Site
                  Map 9: Gabbs Landfill Site.
          (2) To the County of Lincoln, Nevada, the following 
        public lands depicted on the maps dated October 11, 
        1995, and on file with the Secretary:
                  Map 2: Lincoln County, Parcel M, Industrial 
                Park Site, Jointly with the City of Caliente
                  Map 3: Lincoln County, Parcels F and G, Mixed 
                Use, Industrial Sites
                  Map 4: Lincoln County, Parcels H and I, Mixed 
                Use and Airport Expansion Sites
                  Map 5: Lincoln County, Parcels J and K, Mixed 
                Use, Airport and Landfill Expansion Sites
                  Map 6: Lincoln County, Parcels E and L, Mixed 
                Use, Airport and Industrial Expansion Sites.
          (3) To the City of Caliente, Nevada, the following 
        public lands depicted on the maps dated October 11, 
        1995, and on file with the Secretary:
                  Map 1: City of Caliente, Parcels A, B, C and 
                D, Community Growth, Landfill Expansion and 
                Community Recreation Sites
                  Map 2: City of Caliente, Parcel M, Industrial 
                Park Site, jointly with Lincoln County.
  (c) National Environmental Policy Act of 1969.--The 
activities of the Secretary and the head of any other Federal 
agency in connection with subsections (a) and (b) shall be 
considered preliminary decision making activities. 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 any 
environmental review under subparagraph (E) or (F) of section 
102(2) of such Act.

SEC. 307. PAYMENTS EQUAL TO TAXES.

  (a) Taxable Amounts.--In addition to financial assistance 
provided under this title, the Secretary is authorized to grant 
to any affected Indian tribe or affected unit of local 
government an amount each fiscal year equal to the amount such 
affected Indian tribe or affected unit of local government, 
respectively, would receive if authorized to tax integrated 
management system activities, as such affected Indian tribe or 
affected unit of local government taxes the non-Federal real 
property and industrial activities occurring within such 
affected unit of local government.
  (b) Termination.--Such grants shall continue until such time 
as all such activities, development, and operations are 
terminated at such site.
  (c) Assistance to Indian Tribes and Units of Local 
Government.--
          (1) Period.--Any affected Indian tribe or affected 
        unit of local government may not receive any grant 
        under subsection (a) after the expiration of the 1-year 
        period following the date on which the Secretary 
        notifies the affected Indian tribe or affected unit of 
        local government of the termination of the operation of 
        the integrated management system.
          (2) Activities.--Any affected Indian tribe or 
        affected unit of local government may not receive any 
        further assistance under this section if the integrated 
        management system activities at such site are 
        terminated by the Secretary or if such activities are 
        permanently enjoined by any court.

                   TITLE IV--FUNDING AND ORGANIZATION

SEC. 401. PROGRAM FUNDING.

  (a) Contracts.--
          (1) Authority of 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 spent fuel or 
        waste upon the payment of fees in accordance with 
        paragraphs (2) and (3). Except as provided in paragraph 
        (3), fees assessed pursuant to this paragraph shall be 
        paid to the Treasury of the United States and shall be 
        available for use by the Secretary pursuant to this 
        section until expended.
          (2) Annual fees.--
                  (A) Electricity.--
                          (i) In general.--Under a contract 
                        entered into under paragraph (1) there 
                        shall be a fee for electricity 
                        generated by civilian nuclear power 
                        reactors and sold on or after the date 
                        of enactment of this Act. The aggregate 
                        amount of such fees collected during 
                        each fiscal year shall be no greater 
                        than the annual level of appropriations 
                        for expenditures on the integrated 
                        management system for that fiscal year, 
                        minus--
                                  (I) any unobligated balance 
                                of fees collected during the 
                                previous fiscal year; and
                                  (II) such appropriations 
                                required to be funded by the 
                                Federal Government pursuant to 
                                section 403.
                          (ii) Fee level.--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 1999 
                        and continuing through the fiscal year 
                        in which disposal at the repository 
                        commences--
                                  (I) the average annual fee 
                                collected under this 
                                subparagraph shall not exceed 
                                1.0 mill per-kilowatt hour 
                                generated and sold; and
                                  (II) the fee in any fiscal 
                                year in such period shall not 
                                exceed 1.5 mill per kilowatt 
                                hour generated and sold.
                        Thereafter, 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) 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 
                appropriations.
                  (C) Rules.--The Secretary shall, by rule, 
                establish procedures necessary to implement 
                this paragraph.
          (3) One-time fees.--The one-time fees collected under 
        contracts executed under section 302(a) of the Nuclear 
        Waste PolicyAct of 1982 before the date of enactment of 
this Act 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 Nuclear Waste Fund. The Secretary shall collect all such fees 
before the expiration of fiscal year 2002. The Commission shall suspend 
the license of any licensee who fails or refuses to pay the full amount 
of the fee referred to in this paragraph and the license shall remain 
suspended until the full amount of the fee referred to in this 
paragraph is paid. In paying such a fee, the person delivering such 
spent nuclear fuel or high-level radioactive wastes, to the Secretary 
shall have no further financial obligation under this paragraph 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 
                        subsection (a).
                  (B) Precondition.--The Commission, as it 
                deems necessary or appropriate, may require as 
                a precondition to the issuance or renewal of a 
                license under section 103 or 104 of the Atomic 
                Energy Act of 1954 (42 U.S.C. 2133, 2134) that 
                the applicant for such license shall have 
                entered into an agreement with the Secretary 
                for the disposal of spent nuclear fuel and 
                high-level radioactive waste that may result 
                from the use of such license.
          (2) Disposal in repository.--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, in 
        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 this Act;
                  (B) any appropriations made by the Congress 
                before the date of enactment of this Act to the 
                Nuclear Waste Fund;
                  (C) all interest paid on amounts invested by 
                the Secretary of the Treasury under paragraph 
                (3)(B); and
                  (D) the one-time fees collected pursuant to 
                subsection (a)(3).
          (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 this Act 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 to design or 
construct packages 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.
  (g) Effective Date.--This section shall take effect October 
1, 1998, and section 302 of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10222) shall continue in effect until October 
1, 1998.

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 this Act, shall continue in effect subsequent to 
the date of enactment of this Act.
  (b) Functions of Director.--The Director of the Office shall 
be responsible for carrying out the functions of the Secretary 
under this Act, subject to the general supervision of the 
Secretary. The Director of the Office shall be directly 
responsible to the Secretary.
  (c) Audits.--
          (1) Standard.--The Office of Civilian Radioactive 
        Waste Management, its contractors, and subcontractors 
        at all tiers, shall conduct, or have conducted, audits 
        and examinations of their operations in accordance with 
        the usual and customary practices of private 
        corporations engaged in large nuclear construction 
        projects consistent with its role in the program.
          (2) Time.--The management practices and performances 
        of the Office of Civilian Radioactive Waste Management 
        shall be audited every 5 years by an independent 
        management consulting firm with significant experience 
        in similar audits of private corporations engaged in 
        large nuclear construction projects. The first such 
        audit shall be conducted 5 years after the date of 
        enactment of this Act.
          (3) 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.

SEC. 403. DEFENSE CONTRIBUTION.

  (a) Allocation.--No later than one year from the date of 
enactment of this Act, 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, high-level radioactive waste from atomic 
energy defense activities, and spent nuclear fuel from foreign 
research reactors. The share of costs allocable to the 
management of spent nuclear fuel, high-level radioactive waste 
from atomic energy defense activities, and spent nuclear fuel 
from foreign research reactors shall include--
          (1) an appropriate portion of the costs associated 
        with research and development activities with respect 
        to development of 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 materials 
described in 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, 
and spent nuclear fuel from foreign research reactors requiring 
management in the integrated management system.
  (d) Authorization.--There is authorized to be appropriated to 
the Secretary, from general revenues, for carrying out the 
purposes of this Act, such sums as may be necessary to pay the 
costs of the management of spent nuclear fuel and high-level 
radioactive waste from atomic energy defense activities 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 of 
1954 (42 U.S.C. 2011 et seq.) and this Act, the Secretary shall 
comply only with the requirements of the Atomic Energy Act of 
1954 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. WATER RIGHTS.

  (a) No Federal Reservation.--Nothing in this Act or any other 
Act of Congress shall constitute or be construed to constitute 
either an express or implied Federal reservation of water or 
water rights for any purpose arising under this Act.
  (b) Acquisition and Exercise of Water Rights Under Nevada 
Law.--The United States may acquire and exercise such water 
rights as it deems necessary to carry out its responsibilities 
under this Act pursuant to the substantive and procedural 
requirements of the State of Nevada. Nothing in this Act shall 
be construed to authorize the use of eminent domain by the 
United States to acquire water rights.
  (c) Exercise of Water Rights Generally Under Nevada Laws.--
Nothing in this Act shall be construed to limit the exercise of 
water rights as provided under Nevada State laws.

SEC. 503. JUDICIAL REVIEW OF AGENCY ACTIONS.

  (a) Jurisdiction of United States Courts of Appeals.--
          (1) Original and exclusive jurisdiction.--Except for 
        review in the Supreme Court of the United States, and 
        except as otherwise provided in this Act, the United 
        States courts of appeals shall have original and 
        exclusive jurisdiction over any civil action--
                  (A) for review of any final decision or 
                action of the Secretary, the President, or the 
                Commission under this Act;
                  (B) alleging the failure of the Secretary, 
                the President, or the Commission to make any 
                decision, or take any action, required under 
                this Act;
                  (C) challenging the constitutionality of any 
                decision made, or action taken, under any 
                provision of this Act; or
                  (D) for review of any environmental impact 
                statement prepared or environmental assessment 
                made pursuant to the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
                with respect to any action under this Act or 
                alleging a failure to prepare such statement 
                with respect to any such action.
          (2) Venue.--The venue of any proceeding under this 
        section shall be in the judicial circuit in which the 
        petitioner involved resides or has its principal 
        office, or in the United States Court of Appeals for 
        the District of Columbia.
  (b) Deadline for Commencing Action.--A civil action for 
judicial review described under subsection (a)(1) may be 
brought no later than 180 days after the date of the decision 
or action or failure to act involved, as the case may be, 
except that if a party shows that the party did not know of the 
decision or action complained of or of the failure to act, and 
that a reasonable person acting under the circumstances would 
not have known of such decision, action, or failure to act, 
such party may bring a civil action no later than 180 days 
after the date such party acquired actual or constructive 
knowledge of such decision, action, or failure to act.
  (c) Application of Other Law.--The provisions of this section 
relating to any matter shall apply in lieu of the provisions of 
any other Act relating to the same matter.

SEC. 504. LICENSING OF FACILITY EXPANSIONS AND TRANSSHIPMENTS.

  (a) Oral Argument.--In any Commission hearing under section 
189 of the Atomic Energy Act of 1954 (42 U.S.C. 2239) on an 
application for a license, or for an amendment to an existing 
license, filed after January 7, 1983, to expand the spent 
nuclear fuel storage capacity at the site of a civilian nuclear 
power reactor, through the use of high-density fuel storage 
racks, fuel rod compaction, the 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) Priority ranking.--Acceptance priority ranking 
        shall be determined by the Department's ``Acceptance 
        Priority Ranking'' report.
          (2) Acceptance rate.--Except as provided in paragraph 
        (5), the Secretary's acceptance rate for spent nuclear 
        fuel shall be no less than the following: 1,200 MTU in 
        2002 and 1,200 MTU in 2003, 2,000 MTU in 2004 and 2,000 
        MTU in 2005, 2,700 MTU in 2006, and 3,000 MTU 
        thereafter.
          (3) Other acceptances.--In each year, once the 
        Secretary has achieved the annual acceptance rate for 
        spent nuclear fuel from civilian nuclear power reactors 
        established pursuant to the contracts executed under 
        the Nuclear Waste Policy Act of 1982 (as set forth in 
        the Secretary's annual capacity report dated March 1995 
        (DOE/RW-0457)), the Secretary--
                  (A) shall accept from spent nuclear fuel from 
                foreign research reactors and spent nuclear 
                fuel from naval reactors and high-level 
                radioactive waste from atomic energy defense 
                activities, an amount of spent nuclear fuel and 
                high-level radioactive waste which is--
                          (i) at least 25 percent of the 
                        difference between such annual 
                        acceptance rate and the annual rate 
                        specified in paragraph (2), or
                          (ii) 5 percent of the total amount of 
                        spent nuclear fuel and high-level 
                        radioactive waste actually accepted,
                whichever is higher. If such amount is less 
                than the rate prescribed in the preceding 
                sentence, the Secretary shallaccept spent 
nuclear fuel or high-level radioactive waste of domestic origin from 
civilian nuclear power reactors which have permanently ceased 
operation; and
                  (B) may, additionally, accept any other spent 
                nuclear fuel or high-level radioactive waste.
          (4) Exception.--If the annual rate under the 
        acceptance schedule is not achieved, the acceptance 
        rate of the Secretary of the materials described in 
        paragraph (3)(A) shall be the greater of the acceptance 
        rate prescribed by paragraph (3) and calculated on the 
        basis of the amount of spent nuclear fuel and high-
        level radioactive waste actually received or 5 percent 
        of the total amount of spent nuclear fuel and high-
        level radioactive waste actually accepted.
          (5) Adjustment.--If the Secretary is unable to begin 
        acceptance by January 31, 2002 at the rate specified in 
        paragraph (2) or if the cumulative amount accepted in 
        any year thereafter is less than that which would have 
        been accepted under the rate specified in paragraph 
        (2), the acceptance schedule shall, to the extent 
        practicable, be adjusted upward such that within 5 
        years of the start of acceptance by the Secretary--
                  (A) the total quantity accepted by the 
                Secretary is consistent with the total quantity 
                that the Secretary would have accepted if the 
                Secretary had begun acceptance in 2002; and
                  (B) thereafter the acceptance rate is 
                equivalent to the rate that would be in place 
                pursuant to paragraph (2) if the Secretary had 
                commenced acceptance in 2002.
          (6) Effect on schedule.--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 this Act, shall 
continue in effect subsequent to the date of enactment of this 
Act.
  (b) Members.--
          (1) Number.--The Board shall consist of 11 members 
        who shall be appointed by the President not later than 
        90 days after December 22, 1987, from among persons 
        nominated by the National Academy of Sciences in 
        accordance with paragraph (3).
          (2) Chair.--The President shall designate a member of 
        the Board to serve as Chairman.
          (3) National academy of sciences.--
                  (A) Nominations.--The National Academy of 
                Sciences shall, not later than 90 days after 
                December 22, 1987, nominate not less than 22 
                persons for appointment to the Board from among 
                persons who meet the qualifications described 
                in subparagraph (C).
                  (B) Vacancies.--The National Academy of 
                Sciences shall nominate not less than 2 persons 
                to fill any vacancy on the Board from among 
                persons who meet the qualifications described 
                in subparagraph (C).
                  (C) Nominees.--
                          (i) Each person nominated for 
                        appointment to the Board shall be--
                                  (I) eminent in a field of 
                                science or engineering, 
                                including environmental 
                                sciences; and
                                  (II) selected solely on the 
                                basis of established records of 
                                distinguished service.
                          (ii) The membership of the Board 
                        shall be representatives of the broad 
                        range of scientific and engineering 
                        disciplines related to activities under 
                        this title.
                          (iii) No person shall be nominated 
                        for appointment to the Board who is an 
                        employee of--
                                  (I) the Department of Energy;
                                  (II) a national laboratory 
                                under contract with the 
                                Department of Energy; or
                                  (III) an entity performing 
                                spent nuclear fuel or high-
                                level radioactive waste 
                                activities under contract with 
                                the Department of Energy.
          (4) Vacancies.--Any vacancy on the Board shall be 
        filled by the nomination and appointment process 
        described in paragraphs (1) and (3).
          (5) Terms.--Members of the Board shall be appointed 
        for terms of 4 years, each such term to commence 120 
        days after December 22, 1987, except that of the 11 
        members first appointed to the Board, 5 shall serve for 
        2 years and 6 shall serve for 4 years, to be designated 
        by the President at the time of appointment, except 
        that a member of the Board whose term has expired may 
        continue to serve as a member of the Board until such 
        member's successor has taken office.

SEC. 603. FUNCTIONS.

  The Board shall evaluate the technical and scientific 
validity of activities undertaken by the Secretary after 
December 22, 1987, including--
          (1) site characterization activities; and
          (2) activities relating to the packaging or 
        transportation of spent nuclear fuel or high-level 
        radioactive waste.

SEC. 604. INVESTIGATORY POWERS.

  (a) Hearings.--Upon 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, subject to 
appropriations, be paid at the rate of pay payable for level 
III of the Executive Schedule for each day (including travel 
time) such member is engaged in the work of the Board.
  (b) Travel Expenses.--Each member of the Board may 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, subject to appropriations, appoint 
        and fix the compensation of such clerical staff as may 
        be necessary to discharge the responsibilities of the 
        Board.
          (2) Provisions of title 5.--Clerical staff shall be 
        appointed subject to the provisions of title 5, United 
        States Code, governing appointments in the competitive 
        service, and shall be paid in accordance with the 
        provisions of chapter 51 and subchapter III of chapter 
        3 of such title relating to classification and General 
        Schedule pay rates.
  (b) Professional Staff.--
          (1) Authority of chairman.--Subject to paragraphs (2) 
        and (3), the Chairman may, subject to appropriations, 
        appoint and fix 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, subject to 
appropriations, procure temporary and intermittent services 
under section 3109(b) of title 5 of the United States Code, but 
at rates for individuals not to exceed the daily equivalent of 
the maximum annual rate of basic pay payable for GS-18 of the 
General Schedule.

SEC. 608. REPORT.

  The Board shall report not less than 2 times per year to 
Congress and the Secretary its findings, conclusions, and 
recommendations.

SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated for expenditures such 
sums as may be necessary to carry out the provisions of this 
title.

SEC. 610. TERMINATION OF THE BOARD.

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

                      TITLE VII--MANAGEMENT REFORM

SEC. 701. MANAGEMENT REFORM INITIATIVES.

  (a) In General.--The Secretary is directed to take actions as 
necessary to improve the management of the civilian radioactive 
waste management program to ensure that the program is 
operated, to the maximum extent practicable, in like manner as 
a private business.
  (b) Site Characterization.--The Secretary shall employ, on an 
on-going basis, integrated performance modeling to identify 
appropriate parameters for the remaining site characterization 
effort and to eliminate studies of parameters that are shown 
not to affect long-term repository performance.

SEC. 702. REPORTING.

  (a) Initial Report.--Within 180 days of the date of enactment 
of this Act, the Secretary shall report to Congress on its 
planned actions for implementing the provisions of this Act, 
including the development of the Integrated Waste Management 
System. Such report shall include--
          (1) an analysis of the Secretary's progress in 
        meeting its statutory and contractual obligation to 
        accept title to, possession of, and delivery of spent 
        nuclear fuel and high-level radioactive waste beginning 
        no later than January 31, 2002, 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.

                            DISSENTING VIEWS

    H.R. 1270 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, many of us 
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 
amendements to the Waste Policy Act, which abandoned any 
pretense of exploring multiple sites to ensure that 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, Congress 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. Congress then 
instructed DOE and the NRC to go forth and determine whether 
our political decision was technically supportable.
    Over the last five years, the Department of Energy has 
finally begun to get moving on the studies and investigations 
that would provide an answer to the technical question of Yucca 
Mountain's suitability for use as our nation's permanent high-
level nuclear waste repository. This legislation would 
undermine those efforts by reviving plans to store nuclear 
waste above ground in a so-called ``interim'' storage facility 
located in the State of Nevada. This would repeal the legal 
limitations currently placed on interim storage that were 
enacted to prevent interim storage from becoming permanent 
storage. In addition, H.R. 1270 would further erode critical 
environmental and public health and safety protections relating 
to transportation, interim storage and permanent disposal of 
spent fuel and other high-level nuclear waste.
    Interim storage was a bad idea in 1982 (when it was dubbed 
``Away from Reactor Storage''), a bad idea in 1987 (when it was 
renamed ``Monitored Retrievable Storage''), and it remains a 
bad idea in 1997. Why? Because an above-ground interim storage 
facility is really a dagger poised at the hearts 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 to begin 
accepting nuclear waste. Congress then told DOE and NRC to do the 
scientific and technical studies required to determine the site's 
suitability, but failed to fully fund the programs aimed at achieving 
this objective. As a result, we still don't know whether Yucca Mountain 
will be a safe place to dispose of all the nation's nuclear waste. And 
if the Yucca Mountain site proves to be unsuitable, we won't have any 
ready alternatives. We'll be right back at square one.
    And now, instead of correcting the errors of the past, we 
are approving new legislation that will even further erode 
public confidence in the fairness and integrity of this 
program. If H.R. 1270 passes, we will be no closer to a 
permanent solution to the high-level waste dilemma than we were 
when the first Nuclear Waste Policy Act passed back in 1982. A 
brief review of some of the ``highlights'' of this legislation 
reveals some of its most glaring inadequacies:
    First, there's the ``pass the buck'' rate cap. By capping 
utility payments into the nuclear waste fund, requiring the 
fund to cover cost of both interim storage and the permanent 
repository, and failing to address what is likely to be at 
minimum at $4 billion shortfall in the waste fund, this bill 
sets the stage for nuclear utilities to escape full 
responsibility for paying the costs of the waste problem they 
created. There are only 109 operating nuclear reactors in the 
country, and no new reactors will be coming on line in the 
foreseeable future as we move to a competitive electricity 
market. In fact, many utilities are already moving to shut down 
the reactors they have. As a result, if we cap nuclear utility 
payments into the waste fund, there may not be enough money to 
complete the permanent repository. What will happen then? The 
buck will be passed along to the American taxpayer.
    Next, there's ``interim'' storage oxymoron. Placing waste 
in an interim storage facility in Nevada virtually guarantees 
that the ``interim'' facility will become a de facto permanent 
repository. Once nuclear waste is moved away from the reactor 
sites, the nuclear industry won't care whether the permanent 
underground repository program withers on the vine. An oxymoron 
is a contradiction in terms--like jumbo shrimp or carnivorous 
vegetarian. If we allow an interim storage facility to be built 
in Nevada, the nuclear lobby will simply pull the plug on 
funding for the permanent repository and we will be left with 
the ultimate oxymoron--a permanent interim storage facility. 
Punting final resolution of this issue to future generations is 
simply irresponsibility. The generations that benefited from 
the electricity produced by nuclear power have the 
responsibility to pay for the permanent disposal of the waste 
generated as the result of nuclear power. We should not simply 
turn the problemover to our children, grandchildren, great-
grandchildren by storing the waste in an above ground warehouse in 
Nevada for the next 50, 100, or 200 years.
    Third, there's the ``Charlie and the MTA'' waste transport 
provisions. This bill opens the door to the largest radioactive 
waste transportation project in human history, without adequate 
assurances of adequate safety protections. Forty-three states 
would face the risk of transportation accidents and radiation 
exposures from the casks. What's worse, if Yucca Mountains 
proves to be unsuitable, we'd have to pack up all the waste all 
over again and ship it somewhere else--thereby doubling the 
chance of a catastrophic radiological accident. In the old 
song, ``Charlie and the MTA,'' the poor guy gets stranded in 
the Boston subway because he doesn't have the fare to get off 
the train. Under H.R. 1270, it will be the fate of high-level 
nuclear waste that's still unlearned: It may ride forever 
through the streets and railroads of our towns and cities with 
no place to get off.
    What's worse, the transportation of this toxic waste is 
being rushed forward without adequate guarantees that every 
necessary precaution will be taken to avoid or mitigate the 
consequences of an accident. Indeed, under current law, the 
private DOE contractors who ship the waste may not have 
sufficient economic incentives to take every precaution to 
ensure its safe transport. Unlike contractors for the Defense 
Department and all other federal agencies, DOE nuclear 
contractors are totally shielded under the Price-Anderson Act 
from any financial liability for accidents they cause. As a 
result, a DOE contractor who incurs liability for acts of 
negligence, gross negligence, or willful misconduct can escape 
any financial liability for their misdeeds. The money to pay 
for the damage done by these corporate malfeasors comes 
directly out of the Nuclear Waste fund. In other words, grossly 
negligent contractors, or contractors who engage in willful 
misconduct that results in a transportation accident will be 
reimbursed out of the fund financed by the same ratepayers that 
supporters of this legislation are ostensibly seeking to 
protect. This is irresponsible.
    Fourth, we have the ``Holy Roman Empire'' provision on 
environment impact statements. It's been said that the Holy 
Roman Empire was neither Holy, nor Roman, nor an Empire. Under 
H.R. 1270, there is something which is called an environmental 
impact statement, but it has so many loopholes in it that it 
doesn't protect the environment, doesn't examine impacts, and 
isn't really very much of a statement. Indeed, the bulk of the 
environmental impact statement (EIS) provisions in this 
legislation are restrictions on the nature, scope and content 
of the EIS.
    Congress enacted the National Environmental Policy Act 
(NEPA) to assure a thorough review of the environmental impacts 
of major federal actions. This landmark environmental 
legislation was put in place to assure the public that before 
the federal government undertook a major action, it would 
conduct an assessment of its environmental impact (including 
ananalysis of less harmful alternatives) and provide an opportunity for 
public input to the decision making process at an early stage.
    There is no federal action that can have a greater long-
term impact on public health, safety, and the environment than 
the disposal of all of the high-level radioactive waste from 
the nation's nuclear power plants for the next 10-20,000 years. 
By exempting, eviscerating or delaying NEPA analysis of all the 
major federal actions authorized under the bill (i.e., land 
conveyance, interim storage, permanent repository) H.R. 1270 
negates the whole purpose of NEPA. H.R. 1270 actually prevents 
an analysis of possible alternatives to all the aforementioned 
actions, which is the crux of the EIS process--creating an EIS 
that is completely hollow. Finally, it prevents truly 
meaningful public involvement in the decision-making process by 
allowing a gutted EIS process to occur only at the final 
licensing decision point, rather than early enough in the 
process where it might have a real impact.
    Public trust and support of both an interim storage 
facility and the permanent repository is essential to the 
success of the radioactive waste program. The DOE already has a 
considerable credibility problem which will only be made worse 
by eliminating or gutting the ability of the public to provide 
input to these major decisions. Interim storage could exist for 
100 years or more and the permanent repository must exist for 
tens of thousands of years. Forcing decisions of this magnitude 
without careful consideration of the environmental consequences 
and the alternatives is a recipe for disaster.
    Fifth, we have the ``Indiana Jones and the Temple of Doom'' 
provision, which directs the NRC in its licensing process to 
assume that no human intrusion can occur for 1,000 years. Even 
though the scientific experts say the human intrusion is 
possible, the regulators directed to just assume that no 27th 
century Indiana Jones could ever penetrate the Nuclear Temple 
of Doom we're building out in Nevada. Even though the Chairman 
of the Nuclear Waste Technical Review Panel testified that the 
human intrusion problem was ``intractable,'' H.R. 1270 directs 
the regulators to simply assume its existence away. This flies 
in the face of sound science and common sense. In 1995, the 
National Academy of Sciences issued a report which examined the 
issue of human intrusion in some depth. The Academy concluded 
that:

          [I]t is not reasonable to assume that a system of 
        post-closure oversight of the repository can be 
        developed, based on active institutional controls, that 
        will prevent an unreasonable risk of breaching the 
        repository's engineered barriers or increasing the 
        exposure of individual members of the public to 
        radiation beyond allowable limits. We do recommend that 
        the consequences of an intrusion be calculated to 
        assess the resilience of the repository to intrusion.

    Accordingly, the National Academy recommended that EPA 
determine what human intrusion scenarios might be most 
appropriate as a part of its rulemaking. With H.R. 1270,we 
ignore that recommendation in favor of a blanket directive to the 
regulators to assume the human intrusion problem away. In other words, 
whatever problems we find difficult to solve, H.R. 1270 pretends don't 
exist.
    Sixth, we have the ``millirems and malignancies'' 
provision. H.R. 1270 actually repeals current law and forbids 
the Environmental Protection Agency from issuing radiation 
exposure standards for the permanent waste repository. Instead, 
to receive a license, the repository need only meet an 
excessively high 100 millirem radiation exposure standard 
issued by the NRC that poses a lifetime risk of one cancer 
death for every 285 exposed individuals.
    Radiation protection standards for repositories must be 
designed to protect the public for 10,000 years or more. There 
must be a strong technical basis for the standards and a public 
process in order to have scientifically sound, publicly 
acceptable standards. Congress should not try to set statutory 
radiation protection standards for radioactive waste disposal. 
We are not radiation experts. We should not abandon the 
existing process of setting radiation protection standards 
based on scientific and technical deliberations, and replace it 
with one based on politics.
    While sponsors of H.R. 1270 complain that EPA has taken too 
long to set radiation protection standards, they conveniently 
forget the reasons why this has been the case. The first draft 
radiation standards for the permanent waste issued back when 
the Reagan Administration controlled the Environmental 
Protection Agency and seemed to think that the letters EPA 
stood for ``Every Polluter's Ally.'' These proposed rules were 
junked in 1987 after several states and the environmental 
community successfully sued EPA for having proposed standards 
that were inadequate to protect human health and the 
environment. EPA then went back to the drawing board to 
repromulgate standards that would meet the requirements of the 
law. When the nuclear industry became concerned that EPA 
actually would propose tougher standards, they succeeded in 
getting a provision attached to Energy Policy Act of 1992 which 
barred EPA from issuing any standards until after the National 
Academy of Sciences first completed a study on this matter. NAS 
issued their report in 1995, which recommended that EPA 
determine a radiation standard based on the risk to individuals 
as a result of exposure to radiation released from the 
repository that takes into account the fact that peak releases 
could occur tens of thousands of years from now.
    With this legislation, we will be tossing the approach 
recommended in the NAS report in the trash bin and replacing it 
with a totally inadequate and arbitrary standard that ignores 
the recommendations of the scientific community. The standard 
in the bill is totally inconsistent with the NAS 
recommendations regarding: (1) the process of setting a 
radiation standard; (2) the level of the standards; (3) who 
should be protected by the standard; (4) how human intrusion 
should be addressed; and (5) what time period should be 
considered for the standards. The NAS noted that a 100 millirem 
standard is used internationally as an upperlimit for ALL 
sources of radiation, and that other countries ``apportion this total 
radiation dose limit among the respective . . . sources of exposure, 
typically allocating to high-level waste disposal a range of'' 10 to 30 
millirems per year.
    Moreover, despite arguments by the bill's sponsors to the 
contrary, the Substitute's 100 millirem per year radiation 
exposure standard is NOT the international standard used today 
to protect the public from radiation emitted from storage of 
spent fuel and other operations at a nuclear reactor. Indeed, 
it far exceeds the standards adopted abroad for their high-
level waste and spent nuclear fuel programs, including Sweden 
(10 millirem/year), France (25 millirem/year), Finland and 
Switzerland (10 millirem/year) and Canada (1 millirem/year).
    Finally, we have the ``No-Go for Seniors PAYGO'' provision. 
According to a September 18, 1997 letter the Committee received 
from Rep. Spratt, the Ranking Democrat on the House Budget 
Committee:

          Although the bill provides for a savings of $0.2 
        billion over five years, the offset occurs in the last 
        year of the five-year period. The recent reconciliation 
        legislation cleared the PAYGO scorecard of any credits 
        heretofore accumulated. Based on CBO scoring, this bill 
        would result in costs being entered on the PAYGO 
        scorecard for fiscal years 1999-2001, and potentially 
        therefore an entitlement sequestration in those years. 
        If recent experience is any guide, the PAYGO scorecard 
        will once again accumulate some credits. Nonetheless, 
        as long as the offset included in the bill does not 
        occur until 2002, Congress and the administration will 
        have to enact subsequent savings or revenue legislation 
        to make sure this legislation does not cause an 
        entitlement sequester. (emphasis added)

    In other words, in its reckless rush to create a nuclear 
waste dump in Nevada, H.R. 1270 actually confronts America's 
seniors with the prospect of cuts in their Medicare and 
Medicaid benefits. Given the fact that Congress is highly 
unlikely to raise taxes to offset the costs of this program, 
the PAYGO problems created by this bill forces us to confront 
the Hobson's choice of making cuts in entitlement programs or 
having to make further cuts in the budget for important 
domestic discretionary programs. America's seniors should not 
have to suffer additional cuts in their Medicare benefits in 
order to satisfy the wishes of the nuclear utility industry, 
and we should not be forced into another round of cuts in 
education, environmental protection, or other domestic 
discretionary programs because of nuclear waste legislation.
    In short, H.R. 1270 is rife with the same short-sighted 
thinking and special interest provisions that helped create the 
current nuclear waste dilemma in the first place. We 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 
theenvironment. While we commend our Democratic colleagues for their 
efforts to improve this legislation, we regretfully cannot support the 
product of their efforts in light of the fatal flaws enumerated above.
    During the Commerce Committee's Subcommittee and full 
Committee markups of H.R. 1270, Rep. Markey offered a series of 
amendments which were intended to correct some of the most 
glaring deficiencies in this legislation, as follows:
          An amendment to strike the bill's provisions that: 
        (1) bar EPA from setting high-level radiation 
        protection standards for the permanent repository and 
        instead direct the NRC to establish an excessively high 
        statutory radiation standard of 100 millirems.
          An amendment to delete the ridiculous requirement 
        built into this bill that the NRC shall assume no human 
        intrusion into the repository will be possible for 
        1,000 years.
          An amendment to strike the bill's provisions that 
        provide for various exemptions from National 
        Environmental Policy Act requirements that an 
        environmental impact statement (EIS) be prepared for 
        the transportation, interim storage, and permanent 
        waste repository.
          An amendment 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.
          An 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.
          An amendment to lift the 1.5 mil cap on the nuclear 
        waste fund, so that DOE will be able to pay for both 
        interim storage and permanent disposal of nuclear waste 
        in the event that more utilities decommission their 
        reactors early due to safety problems or competitive 
        pressures brought on by the advent of retail 
        electricity competition.
    In light of the Committee's rejection of each of these 
amendments, as well as the amendments relating to 
transportation which were offered by our colleague Rep. 
McCarthy, as well as the amendment offered by Rep. DeGette 
regarding the NEPA exemptions, we cannot support passage of 
H.R. 1270. In its present form, this bill endangers public 
health, safety, and the environment, and does not merit 
adoption by the House. We respectfully dissent.

                                   Edward J. Markey.
                                   Diana DeGette.
                                   Elizabeth Furse.
                                   Henry A. Waxman.