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106th Congress                                            Rept. 106-155
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================



 
                    NUCLEAR WASTE POLICY ACT OF 1999

                                _______
                                

                  May 20, 1999.--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. 45]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Commerce, to whom was referred the bill 
(H.R. 45) 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..............................    25
Hearings.........................................................    32
Committee Consideration..........................................    33
Rollcall Votes...................................................    33
Committee Oversight Findings.....................................    39
Committee on Government Reform Oversight Findings................    39
New Budget Authority, Entitlement Authority, and Tax Expenditures    39
Committee Cost Estimate..........................................    39
Congressional Budget Office Estimate.............................    39
Federal Mandates Statement.......................................    46
Advisory Committee Statement.....................................    46
Constitutional Authority Statement...............................    46
Applicability to Legislative Branch..............................    46
Exchange of Committee Correspondence.............................    46
Section-by-Section Analysis of the Legislation...................    48
Changes in Existing Law Made by the Bill, as Reported............    72
Dissenting Views.................................................   193

                               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 1999'.
  ``(b) Table of Contents.--
``Sec. 1. Short title and table of contents.
``Sec. 2. Definitions.
``Sec. 3. Findings and purposes.

                ``TITLE I--INTEGRATED MANAGEMENT SYSTEM

``Sec. 101. Transportation.
``Sec. 102. Transportation planning.
``Sec. 103. Transportation requirements.
``Sec. 104. Interim storage.
``Sec. 105. Permanent disposal.
``Sec. 106. Land withdrawal.
``Sec. 107. Applicability.

                      ``TITLE II--LOCAL RELATIONS

``Sec. 201. On-site representative.
``Sec. 202. Benefits agreements.
``Sec. 203. Content of agreements.
``Sec. 204. Acceptance of benefits.
``Sec. 205. Restriction on use of funds.
``Sec. 206. Initial land conveyances.
``Sec. 207. Payments in lieu of taxes.

                 ``TITLE III--FUNDING AND ORGANIZATION

``Sec. 301. Nuclear Waste Fund.
``Sec. 302. Office of Civilian Radioactive Waste Management.
``Sec. 303. Defense contribution.

            ``TITLE IV--GENERAL AND MISCELLANEOUS PROVISIONS

``Sec. 401. Compliance with other laws.
``Sec. 402. Water rights.
``Sec. 403. Judicial review of agency actions.
``Sec. 404. Licensing of facility expansions and transshipments.
``Sec. 405. Siting a second repository.
``Sec. 406. Financial arrangements for low-level radioactive waste site 
closure.
``Sec. 407. Nuclear Regulatory Commission training authorization.
``Sec. 408. Subseabed or ocean water disposal.
``Sec. 409. Purchase of American-made equipment and products.
``Sec. 410. Separability.

            ``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. Compensation of members.
``Sec. 506. Staff.
``Sec. 507. Support services.
``Sec. 508. Report.
``Sec. 509. Authorization of appropriations.
``Sec. 510. Termination of the board.

``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) Affected Indian tribe.--The term `affected Indian 
        tribe' means an Indian tribe whose reservation is surrounded by 
        or borders on an affected unit of local government, or whose 
        federally defined possessory or usage rights to other lands 
        outside of the border of the Indian tribe's reservation arising 
        out of congressionally ratified treaties may be affected by the 
        locating of an interim storage facility or repository, if the 
        Secretary finds, upon petition of the appropriate government 
        officials of the Indian tribe, that such affects are both 
        substantial and adverse to the Indian tribe.
          ``(3) 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.
          ``(4) Atomic energy defense activity.--The term `atomic 
        energy defense activity' means any activity of the Secretary 
        performed in whole or in part in carrying out any of the 
        following functions:
                  ``(A) Naval reactors development.
                  ``(B) Weapons activities including defense inertial 
                confinement fusion.
                  ``(C) Verification and control technology.
                  ``(D) Defense nuclear materials production.
                  ``(E) Defense nuclear waste and materials byproducts 
                management.
                  ``(F) Defense nuclear materials security and 
                safeguards and security investigations.
                  ``(G) Defense research and development.
                  ``(H) Nuclear nonproliferation.
          ``(5) 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)).
          ``(6) Commission.--The term `Commission' means the Nuclear 
        Regulatory Commission.
          ``(7) Department.--The term `Department' means the Department 
        of Energy.
          ``(8) 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.
          ``(9) 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.
          ``(10) Engineered barriers.--The term `engineered barriers' 
        means man-made components of a disposal system, including 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.
          ``(11) High-level radioactive waste.--The term `high-level 
        radioactive waste' means--
                  ``(A) the highly radioactive material resulting from 
                the reprocessing in the United States of spent nuclear 
                fuel, including liquid waste produced directly in 
                reprocessing and any solid material derived from such 
                liquid waste that contains fission products in 
                sufficient concentrations;
                  ``(B) the highly radioactive material resulting from 
                atomic energy defense activities; and
                  ``(C) any other highly radioactive material that the 
                Commission, consistent with existing law, determines by 
                rule requires permanent isolation.
          ``(12) Federal agency.--The term `Federal agency' means any 
        Executive agency, as defined in section 105 of title 5, United 
        States Code.
          ``(13) 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)).
          ``(14) 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.
          ``(15) 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 I of this Act.
          ``(16) 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.
          ``(17) 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.
          ``(18) Metric tons uranium and MTU.--The terms `metric tons 
        uranium' and `MTU' mean the amount of uranium in the original 
        unirradiated fuel element whether or not the spent nuclear fuel 
        has been reprocessed.
          ``(19) Nuclear waste fund.--The term `Nuclear Waste Fund' 
        means the Nuclear Waste Fund established in the United States 
        Treasury before the date of enactment of this Act under section 
        302(c) of the Nuclear Waste Policy Act of 1982.
          ``(20) Office.--The term `Office' means the Office of 
        Civilian Radioactive Waste Management established within the 
        Department before the date of enactment of this Act under 
        section 304(a) of the Nuclear Waste Policy Act of 1982.
          ``(21) 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.
          ``(22) Program approach.--The term `program approach' means 
        the Civilian Radioactive Waste Management Program Plan, dated 
        July 1998, as modified by this Act, and as amended from time to 
        time by the Secretary in accordance with this Act.
          ``(23) Repository.--The term `repository' means a system 
        designed and constructed under title I of this Act for the 
        permanent geologic disposal of spent nuclear fuel and high-
        level radioactive waste, including both surface and subsurface 
        areas at which spent nuclear fuel and high-level radioactive 
        waste receipt, handling, possession, safeguarding, and storage 
        are conducted.
          ``(24) Secretary.--The term `Secretary' means the Secretary 
        of Energy.
          ``(25) Site characterization.--The term `site 
        characterization' means activities, whether in a laboratory or 
        in the field, undertaken to establish the geologic condition 
        and the ranges of the parameters of the Yucca Mountain 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 the Yucca 
        Mountain site for the location of a repository, but not 
        including preliminary borings and geophysical testing needed to 
        assess whether site characterization should be undertaken.
          ``(26) Spent nuclear fuel.--The term `spent nuclear fuel' 
        means fuel, other than foreign spent nuclear fuel, as defined 
        in section 131 f.(4) of the Atomic Energy Act of 1954 (42 
        U.S.C. 2160(f)(4)), that has been withdrawn from a nuclear 
        reactor following irradiation, the constituent elements of 
        which have not been separated by reprocessing.
          ``(27) Storage.--The term `storage' means retention of spent 
        nuclear fuel or high-level radioactive waste with the intent to 
        recover such waste or fuel for subsequent use, processing, or 
        disposal.
          ``(28) Withdrawal.--The term `withdrawal' has the same 
        definition as that set forth in the Federal Land Policy and 
        Management Act (43 U.S.C. 1702 et seq.).
          ``(29) Yucca mountain site.--The term `Yucca Mountain site' 
        means the area in the State of Nevada that is withdrawn and 
        reserved in accordance with this Act for the location of a 
        repository.

``SEC. 3. FINDINGS AND PURPOSES.

  ``(a) Findings.--The Congress finds that--
          ``(1) while spent nuclear fuel can be safely stored at 
        reactor sites, the expeditious movement to and storage of such 
        spent nuclear fuel at a centralized Federal facility will 
        enhance the Nation's environmental protection;
          ``(2) while the Federal Government has the responsibility to 
        provide for 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 and the environment, promoting the Nation's energy 
        security, and ensuring the Secretary's ability to commence 
        acceptance of spent nuclear fuel and high-level radioactive 
        waste by June 30, 2003, it is necessary for Congress to 
        authorize the interim storage facility;
          ``(4) deficit-control measures designed to limit 
        appropriation of general revenues have limited the availability 
        of the Nuclear Waste Fund for its intended purposes and 
        threaten to undermine the repository program; and
          ``(5) the Federal Government has the responsibility to 
        provide for the permanent disposal of waste generated from 
        United States atomic energy defense activities.
  ``(b) Purposes.--The purposes of this Act are--
          ``(1) to direct the Secretary to develop an integrated 
        management system in accordance with this Act so that the 
        Department can accept spent nuclear fuel and high-level 
        radioactive waste for interim storage commencing June 30, 2003, 
        and for permanent disposal at a repository commencing January 
        17, 2010;
          ``(2) to authorize the Secretary to take title to spent 
        nuclear fuel and store it on civilian nuclear power reactor 
        sites in order to provide relief from the financial and other 
        burdens imposed on the owners and operators of such reactors by 
        the Secretary's failure to accept spent nuclear fuel in 
        accordance with section 302(a)(5)(B) of the Nuclear Waste 
        Policy Act of 1982;
          ``(3) 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 health and safety and the 
        environment;
          ``(4) to ensure that consumers' contributions to the Nuclear 
        Waste Fund are solely dedicated to the purposes for which the 
        Fund was established; and
          ``(5) 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 accept spent nuclear fuel and high-level radioactive waste.

                ``TITLE I--INTEGRATED MANAGEMENT SYSTEM

``SEC. 101. TRANSPORTATION.

  ``(a) In General.--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 by June 30, 2003. The Secretary shall make use of the most safe 
and efficient method available to transport spent nuclear fuel and 
high-level radioactive waste to the interim storage facility and the 
Yucca Mountain site. To the extent practicable, the Secretary shall 
avoid the shipment of spent nuclear fuel and high-level radioactive 
waste through the Las Vegas metropolitan area.
  ``(b) Intermodal Transfer.--In the event the Secretary determines 
there is a need for rail to truck intermodal transfer, the Secretary 
shall do the following:
          ``(1) Develop the capability to commence rail to truck 
        intermodal transfer at Caliente, Nevada, by June 30, 2003.
          ``(2) Acquire lands and rights-of-way necessary to commence 
        intermodal transfer at Caliente, Nevada.
          ``(3) 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 by June 30, 2003.
          ``(4) Within 6 months of the Secretary's determination of a 
        need for rail to truck intermodal transfer--
                  ``(A) publish in the Federal Register a notice 
                containing a legal description of the sites and rights-
                of-way to be acquired under this subsection; and
                  ``(B) file copies of a map of such sites and rights-
                of-way with the Congress, the Secretary of the 
                Interior, the State of Nevada, the Archivist of the 
                United States, the Board of Lincoln County 
                Commissioners, 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.
For purposes of carrying out this subsection, 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.
  ``(c) 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.
  ``(d) Improvements and Maintenance of Truck Transport Route.--
Notwithstanding any other law--
          ``(1) the Secretary shall be responsible for--
                  ``(A) making improvements to existing roadways in 
                Nevada, and
                  ``(B) any 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
          ``(2) any such improvement, upgrading, or maintenance 
        activity shall be funded solely by appropriations made pursuant 
        to sections 301 and 303 of this Act.
  ``(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) Designated Route.--Consistent with the requirements of 
subsection (a), the Secretary may, in lieu of any other route 
designation under this section, enter into discussions with the heads 
of other Federal agencies regarding alternate routes between Caliente, 
Nevada and the Yucca Mountain Site and running through the Nevada Test 
Site and other Federal lands.

``SEC. 102. TRANSPORTATION PLANNING.

  ``(a) Transportation Readiness.--
          ``(1) In general.--As soon as is practicable following the 
        date of enactment of this Act, the Secretary shall analyze each 
        specific reactor facility and develop a logistical plan to 
        assure the Secretary's ability to transport spent nuclear fuel 
        and high-level radioactive waste, using routes that minimize, 
        to the maximum practicable extent and consistent with Federal 
        requirements governing transportation of hazardous materials, 
        transportation of spent nuclear fuel and high-level radioactive 
        waste through populated areas.
          ``(2) Institutional plans.--In conjunction with the 
        development of the logistical plan in accordance with paragraph 
        (1), 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 by June 30, 2003. Among other things, such planning 
        shall provide a schedule and process for addressing and 
        implementing, as necessary, transportation routing plans, 
        transportation contracting plans, transportation training in 
        accordance with section 103, and transportation tracking 
        programs.
  ``(b) Rail Routes.--Not later than one year after the date of 
enactment of this Act, the Secretary of Transportation shall establish 
procedures for the selection of preferred rail routes for the 
transportation of spent nuclear fuel and high-level radioactive waste 
to the interim storage facility site and the Yucca Mountain site. Such 
procedures shall be established in consultation with the designated 
emergency services planning management official for any State or Indian 
tribe affected by the rail routes selected.

``SEC. 103. 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 before 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, voluntary emergency 
                response organizations, and joint labor-management 
                organizations that demonstrate experience in 
                implementing and operating worker health and safety 
                training and education programs and demonstrate the 
                ability to reach and involve in training programs 
                target populations of workers who are or will be 
                directly engaged in the transportation of spent nuclear 
                fuel and high-level radioactive waste or emergency 
                response or post-emergency response with respect to 
                such transportation.
                  ``(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 such fuel or 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 from the Nuclear Waste Fund.
          ``(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) 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).
  ``(f) 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 existing Federal regulations 
        establish adequate training standards for workers, then the 
        Secretary of Transportation can refrain from promulgating 
        additional regulations with respect to worker training in such 
        activities. The Secretary of Transportation and the Commission 
        shall use their Memorandum of Understanding to ensure 
        coordination of worker training standards and to avoid 
        duplicative regulation.
          ``(3) Training standards content.--If training standards are 
        required to be promulgated under paragraph (1), such standards 
        shall, among other things deemed necessary and appropriate by 
        the Secretary of Transportation, provide for--
                  ``(A) a specified minimum number of hours of initial 
                off-site instruction and actual field experience under 
                the direct supervision of a trained, experienced 
                supervisor;
                  ``(B) a requirement that 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
                  ``(C) a training program applicable to persons 
                responsible for responding to and cleaning up emergency 
                situations occurring during the removal and 
                transportation of spent nuclear fuel and high-level 
                radioactive waste.
        The Secretary of Transportation may specify an appropriate 
        combination of knowledge, skills, and prior training to fulfill 
        the minimum number of hours requirements of subparagraphs (A) 
        and (B).
          ``(4) Emergency responder training standards.--The training 
        standards for persons responsible for responding to emergency 
        situations occurring during the removal and transportation of 
        spent nuclear fuel and high-level radioactive waste shall, in 
        accordance with existing regulations, ensure their ability to 
        protect nearby persons, property, or the environment from the 
        effects of accidents involving spent nuclear fuel and high-
        level radioactive waste.
          ``(5) Authorization.--There are 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. 104. 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 June 30, 2003. The interim storage facility shall store spent 
nuclear fuel and high-level radioactive waste until the Secretary is 
able to dispose of such fuel and waste in the repository. The annual 
acceptance rate at the interim storage facility shall be as follows: 
600 MTU in 2003, 1200 MTU in 2004, 2000 MTU in 2005, 2000 MTU in 2006, 
2700 MTU in 2007, and 3000 MTU annually thereafter.
  ``(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 order to commence operations in phases by 
        June 30, 2003.
          ``(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 for the first phase 
        of the interim storage facility shall have a term of 20 years. 
        The first phase of the interim storage facility 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 of 
        the interim storage facility. The license for the second phase 
        of the interim storage facility shall have an additional 
        storage capacity of 30,000 MTU. The license for the second 
        phase of the interim storage facility 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 and 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 Area 25 of the Nevada 
        Test Site, to protect the public health and safety or the 
        environment before commencement of operations of the second 
        phase of the interim storage facility.
  ``(e) National Environmental Policy Act of 1969.--
          ``(1) Preliminary decisionmaking activities of the 
        Secretary.--The designation by the Secretary of the interim 
        storage facility site, the preparation and submittal by the 
        Secretary of any license application for the interim storage 
        facility, the construction and operation by the Secretary of 
        the interim storage facility, or any other activity of the 
        Secretary (other than under subsection (i)) under this section 
        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 of the Commission.--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 interim storage 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 
                        interim storage facility as designated by the 
                        Secretary;
                          ``(v) any alternatives to the design criteria 
                        for the interim storage 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.
          ``(3) On-site storage.--Activities of the Secretary under 
        subsection (i) are not major Federal actions subject to the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).
  ``(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 before 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 before the date of 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 before such establishment, of any technology for the storage 
of spent nuclear fuel at the site of any civilian nuclear power 
reactor.
  ``(i) Storage On-Site by the Government.--In order to provide relief 
from the financial and other burdens imposed on owners and operators of 
civilian nuclear power reactors by the Secretary's failure to accept 
spent nuclear fuel in accordance with section 302(a)(5)(B) of the 
Nuclear Waste Policy Act of 1982, the Secretary may take title to spent 
nuclear fuel generated by civilian nuclear power reactors for storage 
on the site of such reactors.

``SEC. 105. 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.
          ``(3) Date.--By December 31, 2002, the Secretary shall apply 
        to the Commission for authorization to construct a repository 
        that will commence operations by January 17, 2010. If, at any 
        time before 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 will 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) Commission regulations.--The promulgation of standards 
        or criteria by the Commission 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 require any environmental review under 
        subparagraph (E) or (F) of section 102(2) of such Act.
          ``(2) 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.
          ``(3) 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, the 
        time of the initial availability of the repository, alternate 
        sites for the Yucca Mountain site, or any alternatives to the 
        disposal of spent nuclear fuel and high-level radioactive waste 
        in a repository.
          ``(4) 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 
        for the Yucca Mountain site, or any alternatives to the 
        disposal of spent nuclear fuel and high-level radioactive waste 
        in a repository.
  ``(f) Judicial Review.--No court shall have jurisdiction to enjoin 
issuance of the Commission repository licensing regulations before its 
final decision on review of such regulations.

``SEC. 106. 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 over 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 for interim storage facility site.--The 
        Secretary shall establish the boundaries and have maps drawn 
        for the interim storage facility site.
          ``(2) Boundaries for the Yucca Mountain site.--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 for the interim storage facility 
        site.--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 legal description (including 
                maps) 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 for the Yucca Mountain site.--
        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 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. 107. APPLICABILITY.

  ``Nothing in this Act shall affect the application of chapter 51 of 
title 49, United States Code; part A of subtitle V of title 49, United 
States Code; part B of subtitle VI of title 49, United States Code; and 
title 23, United States Code.

                      ``TITLE II--LOCAL RELATIONS

``SEC. 201. 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. 202. 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. 203. 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 202(a) in accordance with the following schedule:

                           ``BENEFITS SCHEDULE
                          [Amounts in millions]
------------------------------------------------------------------------
                            Event                                Amount
------------------------------------------------------------------------
(A) Annual payments before first spent fuel receipt..........       $2.5
(B) Payment upon first spent fuel receipt....................       $5
(C) Annual payments after first spent fuel receipt until            $5
 closure of facility.........................................
------------------------------------------------------------------------

          ``(2) Definition.--For purposes of this section, the term 
        `first spent fuel receipt' means the acceptance of spent 
        nuclear fuel or high-level radioactive waste for storage at the 
        interim storage facility or disposal at the repository but does 
        not include acceptance for purposes of testing or operational 
        demonstration.
          ``(3) Annual payments.--Annual payments before first spent 
        fuel receipt under line (A) of the benefits 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 benefits 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 
        before the first spent fuel receipt under line (A) of the 
        benefits schedule, such first spent fuel payment under line (B) 
        of the benefits schedule shall be reduced by an amount equal to 
        \1/12\ of such annual payment under line (A) of the benefits 
        schedule for each full month less than 6 that has not elapsed 
        since the last annual payment under line (A) of the benefits 
        schedule.
  ``(b) Contents.--A benefits agreement under section 202 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 202 shall constitute a commitment by 
the United States to make payments in accordance with such agreement.

``SEC. 204. 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 implied, 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.
  ``(b) Arguments.--Neither the United States nor any other entity may 
assert any argument based on legal or equitable estoppel, acquiescence, 
waiver, or consensual involvement, in response to any decision by the 
State of Nevada to oppose the siting in the State of 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 may 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. 205. RESTRICTION ON USE OF FUNDS.

  ``None of the funding provided under section 203 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; or
          ``(3) to support multistate efforts or other coalition-
        building activities inconsistent with the purposes of this Act.

``SEC. 206. INITIAL LAND CONVEYANCES.

  ``(a) Conveyance of Public Lands.--Within 120 days after October 1, 
2000, 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 or 
the City of Caliente, Nevada, unless the county or city 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 in Nevada 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, 2000, 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, 
2000.
  ``(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. 207. PAYMENTS IN LIEU OF 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 the Secretary 
permanently closes the repository.
  ``(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 III--FUNDING AND ORGANIZATION

``SEC. 301. NUCLEAR WASTE FUND.

   ``(a) Contracts.--
          ``(1) In general.--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 
        high-level radioactive waste or spent nuclear fuel for the 
        acceptance of title, on-site storage, subsequent 
        transportation, interim storage, 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 for the integrated management system.
          ``(2) Fee for electricity generated.--For electricity 
        generated by a civilian nuclear power reactor and sold after 
        the date of enactment of this Act, the fee under paragraph (1) 
        shall be equal to 1.0 mill per kilowatt-hour.
          ``(3) One-time fee.--The one-time fee collected under 
        contracts executed under section 302(a) of the Nuclear Policy 
        Waste Act of 1982 after 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. In paying such a fee to the 
        Secretary, the person delivering such spent nuclear fuel or 
        high-level radioactive waste derived from spent nuclear fuel 
        shall have no further financial obligation to the Federal 
        Government for the long-term storage and permanent disposal of 
        such spent nuclear fuel or high-level radioactive waste.
          ``(4) Payment procedures.--The Secretary shall annually 
        review the amount of the fees established by paragraph (2) to 
        evaluate whether collection of the fee will provide sufficient 
        revenues to offset expenditures for the integrated management 
        system. In the event the Secretary determines that either 
        insufficient or excess revenues are being collected, in order 
        to recover the costs incurred for the integrated management 
        system, the Secretary shall propose an adjustment to the fee to 
        ensure 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 a joint resolution disapproving the Secretary's 
        proposed adjustment is enacted into law.
          ``(5) Contracts.--
                  ``(A) Contracts under section 302.--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 
                such contracts have been modified by the parties to 
                such contracts.
                  ``(B) Contracts under this Act.--Contracts entered 
                into under paragraph (1) of this subsection shall 
                provide that--
                          ``(i) following commencement of operation of 
                        a repository, the Secretary shall take title to 
                        the spent nuclear fuel or high-level 
                        radioactive waste involved as expeditiously as 
                        practicable upon the request of the generator 
                        or owner of such spent fuel or waste; and
                          ``(ii) in return for the payment of fees 
                        established by this section, the Secretary 
                        shall as expeditiously as practicable dispose 
                        of the high-level radioactive waste or spent 
                        nuclear fuel involved.
          ``(6) Rights of contract holders.--With respect to any 
        contract entered into under section 302(a) of the Nuclear Waste 
        Policy Act of 1982 and continued in effect under paragraph 
        (5)(A), either party may propose to amend the contract as 
        necessary to provide for storage of spent nuclear fuel or high-
        level nuclear waste in the interim storage facility established 
        under section 104 of this Act or to have the Secretary take 
        title under subsection (i) of such section to spent nuclear 
        fuel or high-level nuclear waste for the purpose of on-site 
        storage. The party proposing such an amendment shall notify the 
        other party to the contract of its intent to enter into such an 
        amendment. Contract amendments may be entered into at any time 
        after the date of the enactment of this Act.
          ``(7) Secretary's obligation with respect to proposed 
        contract amendments.--The Secretary shall--
                  ``(A) provide notice to the public of any offer to 
                amend a contract under paragraph (6); and
                  ``(B) provide an initial response to any such offer 
                made by another party within 30 days of the date notice 
                is given under paragraph (6).
          ``(8) Effect on authority to bring or maintain an action.--
        Upon the effective date of any contract amendment entered into 
        under paragraph (6), the parties to such an amendment shall be 
        deemed to have waived any authority to bring or maintain an 
        action against the Secretary (other than an action for costs 
        incurred before such effective date) for failure to accept its 
        spent nuclear fuel in accordance with section 302(a)(5)(B) of 
        the Nuclear Waste Policy Act of 1982.I22  ``(9) Liability.--
        Nothing in this Act shall be construed to subject the United 
        States to financial liability for any failure of the Secretary 
        to meet any deadline established in this Act.
  ``(b) Advance Contracting Requirement.--
          ``(1) License issuance and renewal.--
                  ``(A) In general.--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) 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 high-level radioactive waste and spent 
                nuclear fuel that may result from the use of such 
                license.
          ``(2) Contract requirement.--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 stored or disposed of by the 
        Secretary in any facility 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 the date on which such generator or owner commences 
        generation of, or takes title to, such spent fuel or waste.
          ``(3) Assignable rights and duties.--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) Government fuel and waste.--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 stored or disposed 
        of by the Secretary in any facility 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) Nuclear Waste Fund.--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. The Nuclear 
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 Nuclear Waste Fund immediately upon their 
        realization;
          ``(2) any appropriations made by the Congress to the Nuclear 
        Waste Fund; and
          ``(3) any unexpended balances available on the date of 
        enactment of this Act for the disposal of spent nuclear fuel or 
        high-level radioactive waste, which shall automatically be 
        transferred to the Nuclear Waste Fund on such date.
  ``(d) Use of Nuclear Waste Fund.--The Secretary may make expenditures 
from the Nuclear Waste Fund, subject to subsection (e), only for 
purposes of the integrated management system.
  ``(e) Administration of Nuclear Waste Fund.--
          ``(1) Secretary of the Treasury.--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.
          ``(2) Budget.--The Secretary shall submit the budget of the 
        Nuclear Waste Fund to the Office of Management and Budget 
        annually along with the budget of the Department of Energy 
        submitted at such time in accordance with chapter 11 of title 
        31, United States Code. The budget of the Nuclear Waste Fund 
        shall consist of the estimates made by the Secretary of 
        expenditures from the Nuclear Waste Fund and other relevant 
        financial matters for the succeeding 3 fiscal years. The 
        Secretary may make expenditures from the Nuclear Waste Fund, 
        subject to appropriations which shall remain available until 
        expended.
          ``(3) Investment of excess.--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--
                  ``(A) having maturities determined by the Secretary 
                of the Treasury to be appropriate to the needs of the 
                Nuclear 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) 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.
          ``(5) Obligations.--If at any time the moneys available in 
        the Nuclear Waste Fund are insufficient to enable the Secretary 
        to discharge the Secretary's responsibilities under this Act, 
        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 Nuclear 
        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 chapter 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) Repayment.--Any appropriations made available to the 
        Nuclear Waste Fund under paragraph (5) 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 Nuclear Waste Fund, less the 
        average undisbursed cash balance in the Nuclear 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.
  ``(f) Budget Status of Nuclear Waste Fund.--Notwithstanding any other 
provision of law, the receipts and disbursements of the Nuclear Waste 
Fund shall not be counted as new budget authority, outlays, receipts, 
or deficit or surplus for purposes of--
          ``(1) the budget of the United States Government as submitted 
        by the President;
          ``(2) the congressional budget; or
          ``(3) the Balanced Budget and Emergency Deficit Control Act 
        of 1985.

``SEC. 302. 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 before 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. 303. 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 and 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 and 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.--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 IV--GENERAL AND MISCELLANEOUS PROVISIONS

``SEC. 401. 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. 402. 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. 403. 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. 404. 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 
        January 1, 2015.
          ``(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 on-site 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. 405. 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. 406. 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, before issuance of 
        licenses for low-level radioactive waste disposal or, in the 
        case of licenses in effect on January 7, 1983, before 
        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. 407. NUCLEAR REGULATORY COMMISSION TRAINING AUTHORIZATION.

  ``The Commission shall 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. 408. SUBSEABED OR OCEAN WATER DISPOSAL.

  ``Notwithstanding any other provision of law--
          ``(1) the subseabed or ocean water disposal of spent nuclear 
        fuel or high-level radioactive waste is prohibited; and
          ``(2) no funds shall be obligated for any activity relating 
        to the subseabed or ocean water disposal of spent nuclear fuel 
        or high-level radioactive waste.

``SEC. 409. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.

   ``(a) In General.--It is the sense of the Congress that, to the 
greatest extent practicable, all equipment and products purchased with 
funds made available under this Act should be American-made.
  ``(b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
under this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.
  ``(c) Prohibition of Contracts With Persons Falsely Labeling Products 
as Made in America.--If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States that is 
not made in the United States, the person shall be ineligible to 
receive any contract or subcontract made with funds made available 
under this Act, pursuant to the debarment, suspension, and 
ineligibility procedures described in sections 9.400 through 9.409 of 
title 48, Code of Federal Regulations.

``SEC. 410. SEPARABILITY.

  ``If any provision of this Act, or the application of such provision 
to any person or circumstance, is held to be invalid, the remainder of 
this Act, or the application of such provision to persons or 
circumstances other than those as to which it is held to be invalid, 
shall not be affected thereby.

            ``TITLE V--NUCLEAR WASTE TECHNICAL REVIEW BOARD

``SEC. 501. 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 502.

``SEC. 502. 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 before 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. 503. 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. 504. 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. 505. 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. 506. 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. 507. 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. 508. REPORT.

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

``SEC. 509. 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. 510. 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.''.

SEC. 2. EFFECT ON PAYGO SCORECARD.

  Upon the enactment of this Act, the Director of the Office of 
Management and Budget shall not make any estimates of changes in direct 
spending outlays and receipts under section 252(d) of the Balanced 
Budget and Emergency Deficit Control Act of 1985 resulting from the 
enactment of section 301 of Nuclear Waste Policy Act of 1999.

                          Purpose and Summary

    The purpose of H.R. 45, the Nuclear Waste Policy Act of 
1999, is to revitalize the Nation's program for the permanent 
disposal of spent nuclear fuel and high-level radioactive 
waste. The bill creates an integrated management system for the 
acceptance, on-site storage, transportation, centralized 
interim storage, and permanent disposal of spent nuclear fuel 
and high-level radioactive waste generated by the U.S. 
Department of Energy (DOE) and the U.S. Department of Defense 
(DOD). The legislation also provides secure funding for the 
integrated management system by taking the Nuclear Waste Fund 
off-budget, so the current balance in the Nuclear Waste Fund 
and future revenues collected from ratepayers are dedicated 
solely to the integrated management system and cannot be used 
for other purposes.

                  Background and Need for Legislation

    The need to revise the Nuclear Waste Policy Act of 1982 is 
driven by several key changes in circumstances since the 
inception of the DOE repository program. First, the development 
of the permanent repository, which was to have begun operations 
by January 31, 1998, has been repeatedly delayed for 
managerial, political, and other reasons. DOE now plans to open 
the repository in the year 2010, twelve years later than 
required by the 1982 Act. This delay has resulted in 
significant legal consequences for the Federal government and 
potentially significant monetary damages, as recent court 
decisions have held DOE liable for damages for breaching its 
statutory and contractual obligation to begin disposal of spent 
fuel and waste by January 31, 1998. Current damage claims by 
just ten utilities total $8.5 billion, greater than the current 
balance in the Nuclear Waste Fund. Future damage claims may be 
filed between now and the time the permanent repository opens, 
and could total tens of billions of dollars. While it is 
unclear whether any damages awarded would be paid from the 
consumer-funded Nuclear Waste Fund or the taxpayer-funded 
Judgment Fund, either alternative is of great concern.
    Second, budget rules have fostered a continuing diversion 
of consumer fees paid into the Nuclear Waste Fund to other 
purposes. The balance in the Nuclear Waste Fund, estimated at 
$7.2 billion at the end of September 1998, has become 
inaccessible for program use, and most of the annual payments 
made by consumers of electricity generated by nuclear reactors 
are diverted to other Federal programs. The repository program 
is entering a critical phase, as DOE completes site 
characterization and repository design, and is poised to begin 
construction. Under the 1982 Act, Congress intended the balance 
in the Nuclear Waste Fund to be fully available to DOE to pay 
for this costly phase of the program. However, unless Congress 
modifies current budget rules to rededicate the Nuclear Waste 
Fund to its intended purposes, DOE will not have sufficient 
funding to open the repository in 2010, as scheduled, which 
could prolong the period during which DOE remains in breach of 
its contractual obligations. This could compound the potential 
liability facing the Federal government, either exposing 
taxpayers to significant damage claims, if payments are made 
out of the Judgment Fund, or draining the Nuclear Waste Fund, 
if it is the source of damage payments.
    Third, the inability of the Federal government to fulfill 
its obligation to accept spent fuel and dispose of it in a 
permanent repository means that spent fuel continues to 
accumulate at the sites of commercial power reactors around the 
country. Electric consumers are forced to bear the additional 
costs of storing this spent fuel, and, in some cases, 
limitations in the on-site storage capacity at certain reactor 
sites may force premature reactor shutdown. The potential 
safety and security advantages of centralized storage and 
disposal cannot be realized until the Federal government 
removes spent fuel and waste from reactor sites.
    In sum, legislation is needed to put the nuclear waste 
program back on firm financial footing, to enable DOE to open 
the permanent repository in 2010, and to provide relief to 
utilities and electric consumers until the repository is 
operational.

         I. Background on the Nuclear Waste Policy Act of 1982

    Under the Nuclear Waste Policy Act of 1982, the Federal 
government is responsible for the permanent disposal of the 
Nation's spent nuclear fuel and high-level radioactive waste, 
and the generators and owners of spent fuel and waste bear 
financial responsibility for the program. The Federal 
government's responsibility extends to spent fuel and waste 
generated by civilian nuclear power reactors, as well as spent 
fuel and waste generated by DOE and DOD fromnuclear weapons 
operations and nuclear propulsion units for naval vessels. The 1982 Act 
authorized two permanent repositories in the United States and required 
DOE to conduct a survey of possible repository sites. The search for 
suitable sites is based on the Congress' decision that the most 
effective method for the permanent disposal of spent fuel and waste is 
emplacement deep underground in stable geologic formations.
    In order to ensure adequate financing for the program, 
Congress established the Nuclear Waste Fund, which is financed 
by a fee of one mill (one tenth of one cent) per kilowatt-hour 
of electricity generated by civilian nuclear power reactors and 
sold to consumers. Congress established the Nuclear Waste Fund 
as a separate fund in the Treasury of the United States with 
its own dedicated funding source in order to insulate the 
program from competition with other Federal programs for 
funding. The Nuclear Waste Fund was designed not only to pay 
for the program in the near future, including site selection, 
design, construction of repositories, and related 
transportation activities, but also to provide for the long-
term operation and maintenance of these repositories. The 
Nuclear Waste Fund is critical to provide continued funding as 
civilian nuclear power reactors are gradually decommissioned 
and the influx of new revenues diminishes over time.
    By 1987, DOE had narrowed its consideration of the first 
repository site to three possible locations, in Washington, 
Texas, and Nevada. DOE suspended efforts toward a second 
repository after initial scrutiny of additional candidate 
sites. Congress approved amendments to the Nuclear Waste Policy 
Act in 1987 which designated Yucca Mountain, Nevada, as the 
sole location for study as the permanent repository site, 
dropped plans for a second repository, and authorized a 
Monitored Retrievable Storage facility. To date, however, no 
such facility has been developed.

                II. Progress at the Yucca Mountain Site

    Site characterization work at the Yucca Mountain site has 
been plagued by delays, causing DOE to miss its milestone to 
begin disposing of spent fuel and waste at the repository by 
January 31, 1998. The latest DOE schedule calls for the 
repository to open in the year 2010, twelve years behind 
schedule.
    In recent years, DOE has made significant improvements to 
the site characterization program, and DOE generally is on or 
ahead of its revised site characterization schedule. For 
example, the five-mile long exploratory tunnel was completed in 
April 1997, several months ahead of schedule. Various technical 
studies of the site are underway, including experiments 
simulating the thermal load of waste packages to determine the 
effect on the surrounding rock.
    DOE completed, on schedule, its Viability Assessment of the 
Yucca Mountain site in December 1998. This assessment 
summarized the present state of technical knowledge of the 
repository site and concluded there were no known factors which 
would eliminate Yucca Mountain as being a safe site for the 
permanent disposal of spent fuel and waste. DOE further 
concluded ``Yucca Mountain remains a promising site for a 
geologic repository, and work should proceed to support a 
decision in 2001 on whether to recommend the site to the 
President for development as a repository.'' Research continues 
on several aspects of the site, notably the flow of groundwater 
through the underlying rocks and the risk of seismic activity 
affecting the repository. According to the testimony of both 
DOE and the Nuclear Waste Technical Review Board before the 
Committee, neither of these issues poses unacceptable risks to 
the integrity or safe operation of the repository.
    DOE's current schedule calls for completion of the 
repository environmental impact statement (EIS) in 2000, 
completion of the site suitability determination in 2001, and 
submission of the license application for repository 
construction to the Nuclear Regulatory Commission (NRC) in 
2002. License applications for other components of facility 
operation would be submitted in later years.

                 III. Current Interim Storage Practices

    Currently, spent nuclear fuel is stored on-site at 72 
civilian nuclear power reactor sites and one commercial storage 
site. There are presently 104 operating reactors and 14 
shutdown reactors in the United States, located in 33 States. 
The primary method of on-site storage involves placing the 
spent fuel rods into pools of water. The water acts both as a 
cooling agent and a radiation shield. Pool storage serves as a 
short-term measure until the spent fuel can be transported off-
site for permanent disposal in a geologic repository. With the 
lack of progress on the permanent repository, however, a number 
of utilities are facing a shortage of pool capacity for 
continued on-site interim storage.
    As a way of increasing on-site storage capacity, some 
utilities switched to dry cask storage technology as their pool 
storage became full. Dry cask storage involves placing spent 
fuel rods in a container of steel or steel-reinforced concrete; 
these casks are then placed on a concrete pad in a secure part 
of the reactor facility. The NRC has already certified seven 
dry cask storage designs, and seven additional dry cask designs 
are pending NRC approval. The NRC has issued licenses to use 
dry cask storage for 10 operating commercial reactor sites, 
plus two shutdown civilian nuclear power reactor sites; license 
applications for dry cask storage at additional sites are 
pending at the NRC. However, dry cask storage may not be 
available to all utilities.
    The NRC has testified regarding the near-term safety of on-
site storage of spent fuel. According to the NRC, at-reactor 
storage will continue to protect public health and safety for 
an interim period. However, the NRC has expressed greater 
concerns about long-term storage at shutdown reactors, because 
of reduced oversight and day-to-day management of such sites. 
The NRC testified that centralized interim storage would 
consolidate spent fuel at a single location, allowing for a 
more focused and efficient inspection and surveillance program, 
further reducing the small risk of accidents from interim 
storage at reactor sites. By removing spent fuel from the 
vicinity of population centers and placing it at a centralized 
interim storage facility at an isolated location, the 
consequences of any accident could also be reduced.

 IV. Spent Nuclear Fuel and High-level Radioactive Waste from Federal 
                               Activities

    An important element of the nuclear waste program is the 
disposal of spent fuel and high-level waste that originated 
from various Federal nuclear activities. The U.S. Navy uses 
nuclear reactors for power and propulsion in submarines and 
large surface vessels, and spent fuel from these reactors is 
transferred to DOE for final disposition. Research reactors 
owned by DOE and universities utilize nuclear fuel, which is 
transferred to DOE upon removal from the reactors. The Federal 
government is also responsible for the disposal of reactor fuel 
which was produced in the United States for use in dozens of 
foreign research reactors. The bulk of DOE's waste, however, 
results from the Department's activities in support of the 
Nation's nuclear weapons program. DOE currently estimates that 
it will have to dispose of 20,000 canisters of high-level 
radioactive waste and 2,600 metric tons heavy metal of spent 
naval reactor fuel in the repository.
    Management of spent fuel and waste from atomic energy 
defense activities is an important environmental protection 
issue, as these materials are located at five sites in five 
States. Many of the high-level wastes are stored in less-than-
ideal conditions. The absence of a permanent repository is a 
significant factor in the lack of progress in cleaning up some 
sites and will continue to affect future remediation efforts 
throughout the DOE nuclear weapons complex.

                           V. Transportation

    The Nation's experience with the transportation of nuclear 
materials provides a high degree of confidence that spent fuel 
and waste can be transported safely and without an adverse 
impact on human health or the environment. The existing 
regulatory regime for the transport of radioactive materials 
has worked well, and the legislation relies on this proven 
regulatory approach. During the past 30 years, there have been 
over 2,500 shipments of spent nuclear fuel in the United 
States. Since 1957, there have been nearly 700 shipments of 
spent naval reactor fuel over 1 million miles. In the last two 
decades, DOE has transported nuclear weapons and special 
nuclear materials nearly 100 million miles. According to the 
NRC, there has never been an accident involving these materials 
which resulted in a release of radioactivity.
    Under current law, the U.S. Department of Transportation 
(DOT) has primary responsibility for regulating the safe 
transport of hazardous materials, including nuclear waste. The 
transportation of spent nuclear fuel and high-level radioactive 
waste is governed by the Hazardous Materials Transportation Act 
of 1975, which authorizes DOT to promulgate regulations for the 
safe transport of hazardous materials. These DOT hazardous 
material regulations address the packaging, marking, labeling, 
placarding, and highway routing of such materials. Section 
105(b) of the Hazardous Materials Transportation Act allows 
States and Indian tribes to establish specific highway routes 
over which hazardous materials may or may not be transported by 
motor vehicles in areas subject to the jurisdiction of such 
States and Indian tribes. 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. The 
NRC also certifies casks used for the shipment of spent reactor 
fuel.

                         VI. Legal Developments

    DOE's failure to begin disposing of spent fuel and waste by 
January 31, 1998, as required by the Nuclear Waste Policy Act 
of 1982 and by the Standard Contract entered into between DOE 
under that Act, has stimulated a great deal of litigation. In 
1996, the U.S. Circuit Court of Appeals for the District of 
Columbia held in Indiana Michigan Power Company v. Department 
of Energy that DOE had an unconditional statutory obligation to 
begin disposal of spent fuel by January 31, 1998. Utility 
efforts to get a court order for specific performance by DOE 
were deferred by the court. In the fall of 1998, the U.S. Court 
of Federal Claims held in Yankee Atomic Electric Company v. 
United States that DOE had a contractual obligation to begin 
disposal by January 31, 1998, and the agency was liable for any 
damages resulting from its failure to perform. In the most 
recent case, Northern States Power Company v. United States, 
the U.S. Court of Federal Claims decided in April 1999 that the 
utility plaintiff must first pursue administrative remedies 
through its Standard Contract with DOE before seeking further 
relief in court for DOE's breach of contract.
    Other claims against the Federal government for DOE's 
failure to begin accepting spent fuel are pending. The 
potential liability of the Federal government for these claims 
is substantial, since those already filed by just ten utilities 
total $8.5 billion--an amount greater than the present balance 
in the Nuclear Waste Fund. Damage payments of this magnitude 
would bring the program to a halt. Damage claims between now 
and 2010 could total tens of billions of dollars, and are 
likely to increase until DOE begins to meet its obligation to 
dispose of spent fuel and waste. Damage awards could take the 
form of reductions in future fees to be paid by utilities, 
although cases involving shutdown reactors could yield outright 
damage payments by the Federal government.
    Although the courts have found that DOE has a legal duty to 
begin disposing of spent fuel and waste by January 31, 1998, 
courts to date have not granted requests for specific 
performance by DOE. At present, the only relief available to 
utilities is to pursue financial damages. H.R. 45 accelerates 
DOE's performance by authorizing the agency to take title to 
spent fuel for on-site storage and provide for centralized 
interim storage in Nevada beginning in 2003. These options 
could help DOE mitigate its potential liability for failing to 
begin disposal in 1998. Without legislation, the earliest DOE 
can begin acceptance at the repository is 2010, and likely much 
later if the funding problems in the current repository program 
are not resolved.

                      VII. Funding Considerations

    Under the Nuclear Waste Policy Act of 1982, the repository 
program is required to be funded solely by the beneficiaries of 
the facility--those consumers receiving electricity from 
civilian nuclear power reactors, plus those government agencies 
sending spent fuel and wasteto the repository. However, changes 
in the Nation's budget laws since passage of the Nuclear Waste Policy 
Act in 1982 have resulted in the diversion of dedicated ratepayer 
contributions to fund unrelated Federal programs.
    Under current budget and appropriation rules, it is very 
unlikely that program funding will increase to the levels 
necessary to complete repository construction by 2010. DOE 
estimates it will need approximately $10 billion to construct 
the permanent repository by 2010, yet under the status quo, DOE 
will likely receive only $4 billion, less than half the 
necessary amount. Secretary Richardson acknowledged this 
problem at the hearing on March 12, 1999, stating, ``After 
2003, regardless of what solution we adopt, interim, Yucca, 
permanent, we are going to have funding problems in the out-
years, and we are ready to work with you to deal with that.'' 
Therefore, legislation is necessary to ensure that sufficient 
funding will be available to meet the government's statutory 
and contractual obligations.
    Legislation is necessary to stop the continued diversion of 
the contributions from utility consumers to fund other Federal 
programs. Currently, consumers of electricity generated from 
nuclear power plants pay a fee of one mill (one tenth of one 
cent) per kilowatt-hour generated and sold. This fee generates 
approximately $660 million per year. Under the Nuclear Waste 
Policy Act of 1982, all of this revenue was to be deposited 
into the Nuclear Waste Fund and dedicated solely to funding the 
nuclear waste program. Instead, only a fraction of these 
ratepayer contributions are spent for the intended purpose, 
while most of these annual fees are diverted to pay for other 
Federal programs.
    H.R. 45 restores the Nuclear Waste Fund's status, and makes 
the entire balance of the Nuclear Waste Fund available for its 
intended purpose, subject to annual appropriations. Based on 
current DOE estimates, H.R. 45 assures sufficient revenue to 
fund all of the activities authorized by the legislation.

                 VIII. The Integrated Management System

    The key component of the Nuclear Waste Policy Act of 1982 
is the construction and operation of a geologic repository for 
the permanent disposal of spent nuclear fuel and high-level 
radioactive waste. A permanent repository will provide a safe 
and stable facility for the long-term isolation of radioactive 
materials with long half-lives. Without a permanent repository, 
spent fuel and waste will continue to accumulate at dozens of 
temporary storage facilities scattered around the country. 
Disposing of these materials at a centralized location offers 
clear health and safety benefits for the public.
    The permanent repository remains the cornerstone of H.R. 
45. The permanent repository cannot open by 2010 unless 
adequate revenues are assured and the diversion of consumer 
fees is halted. This legislation strengthens the repository 
program by providing a source of dedicated funding, returning 
the program to the financing approach intended by Congress when 
it passed the 1982 Act. H.R. 45 also provides a repository 
licensing process and establishes a radiation release standard 
for the repository, both steps essential for timely repository 
development.
    In addition to maintaining emphasis on the permanent 
repository, H.R. 45 provides two additional options for interim 
storage until the repository opens. DOE is authorized to take 
title to spent fuel stored on-site at civilian nuclear power 
reactors, so consumers no longer have to bear these costs. H.R 
45 also directs DOE to develop a centralized interim storage 
facility at a location on the Nevada Test Site adjacent to the 
Yucca Mountain site for the permanent repository. The bill 
directs DOE to accept spent fuel at the interim storage 
facility by June 30, 2003. Neither on-site storage nor 
centralized interim storage is meant as a replacement for the 
permanent repository. Instead, these options serve as temporary 
storage solutions until the repository is available to accept 
spent fuel for permanent disposal.
    H.R. 45 enables utilities to voluntarily amend their 
existing contracts with DOE to take advantage of one or both of 
these options to compensate for DOE's failure to begin 
disposing of spent fuel by January 31, 1998. Accordingly, if a 
utility and DOE enter into a contract amendment to exercise one 
or both of these interim storage options, the utility will be 
deemed to have waived its rights to bring a legal action 
against DOE for its failure to meet the 1998 obligation. This 
waiver functions prospectively only; that is, it does not 
affects claims for costs incurred before the effective date of 
any contract amendment. A utility's election of one or both 
options does not alter its legal rights or affect any existing 
lawsuits arising from DOE's failure to accept spent fuel during 
the period between January 31, 1998, and the effective date of 
any contract amendments. This legal relief is essential to 
limit the potential liability of the Federal government and 
prevent future damage claims from either draining program 
funds, in the event the Nuclear Waste Fund can be used for 
damages, or drawing on the taxpayer-financed Judgment Fund.

                                Hearings

    The Subcommittee on Energy and Power held a hearing on the 
current nuclear waste program and H.R. 45, the Nuclear Waste 
Policy Act of 1999, on February 10, 1999. The Subcommittee 
received testimony from: The Honorable James Gibbons, U.S. 
Representative, Second District, State of Nevada; The Honorable 
Shelley Berkley, U.S. Representative, First District, State of 
Nevada; The Honorable Kenny Guinn, Governor, State of Nevada; 
The Honorable Kevin Phillips, Mayor, City of Caliente, Nevada; 
Mr. Lake H. Barrett, Acting Director, Office of Civilian 
Radioactive Waste Management, U.S. Department of Energy; The 
Honorable Shirley Ann Jackson, Chairman, U.S. Nuclear 
Regulatory Commission; The Honorable Nils Diaz, Commissioner, 
U.S. Nuclear Regulatory Commission; The Honorable Greta Dicus, 
Commissioner, U.S. Nuclear Regulatory Commission; The Honorable 
Edward McGaffigan, Commissioner, U.S. Nuclear Regulatory 
Commission; The Honorable Jeffrey Merrifield, Commissioner, 
U.S. Nuclear Regulatory Commission; Dr. Jared Cohon, Chairman, 
Nuclear Waste Technical Review Board; The Honorable Robert 
Perciasepe, Assistant Administrator for Air and Radiation, U.S. 
Environmental Protection Agency; Mr. Stuart E. Schiffer, Deputy 
Assistant Attorney General, Commercial Litigation Branch, Civil 
Division, U.S. Department of Justice; The Honorable LeRoy 
Koppendrayer, Commissioner, Minnesota Public Utilities 
Commission, representing the Nuclear Waste Strategy Coalition; 
The Honorable John Strand, Chairman, Michigan Public Service 
Commission, representing the NationalAssociation of Regulatory 
Utility Commissioners; Mr. David Joos, President and CEO, Consumers 
Energy, representing the Nuclear Energy Institute; Mr. Richard Abdoo, 
Chairman and CEO, Wisconsin Electric Power Company; and Ms. Joan 
Claybrook, President, Public Citizen. The Subcommittee on Energy and 
Power held a second hearing on H.R. 45 on March 12, 1999. The 
Subcommittee received testimony from The Honorable Bill Richardson, 
Secretary, U.S. Department of Energy.

                        Committee Consideration

    On April 14, 1999, the Subcommittee on Energy and Power met 
in open markup session and approved H.R. 45 for Full Committee 
consideration, as amended, by a rollcall vote of 25 yeas to 0 
nays. On April 21, 1999, the Full Committee met in open markup 
session and ordered the bill H.R. 45, as amended, reported to 
the House by a roll call vote of 40 yeas to 6 nays.

                             Rollcall Votes

    Clause 3(b) of rule XIII 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. 45 and on 
amendments offered to the measure, including the names of those 
Members voting for and against.


                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee held legislative 
hearings and made findings that are reflected in this report.

           Committee on Government Reform Oversight Findings

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, no oversight findings have been 
submitted to the Committee by the Committee on Government 
Reform.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
45, the Nuclear Waste Policy Act of 1999, would result in no 
new or increased budget authority, entitlement authority, or 
tax expenditures or revenues.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 17, 1999.
Hon. Tom Bliley,
Chairman, Committee on Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed revised cost estimate for H.R. 45, the 
Nuclear Waste Policy Act of 1999.
    On May 4, 1999, CBO prepared a cost estimate for H.R. 45 as 
ordered reported by the House Committee on Commerce on April 
21, 1999. This revised estimate corrects an error in the 
discussion of the basis for the estimate prepared on April 21, 
1999, but does not change CBO's estimated cost of the bill.
    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 Keith Mattrick (for the private-sector impact).
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 45--Nuclear Waste Policy Act of 1999

    Summary: H.R. 45 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 June 30, 2003. The bill would 
direct DOE to continue site characterization activities at the 
proposed permanent repository site at Yucca Mountain, also in 
Nevada. Title III would direct that receipts and outlays of the 
Nuclear Waste Fund not be counted for purposes of the 
President's budget, the Congressional budget, or the Balanced 
Budget and Emergency Deficit Control Act.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing H.R. 45 would cost about $4 billion 
over the 2000-2004 period. The bill would not change the 
current requirement that nuclear utilities pay a fee of one-
tenth of a cent per kilowatt-hour of electricity sold. Such 
fees are deposited in the Nuclear Waste Fund. By moving the 
receipts and expenditures of the Nuclear Waste Fund off-budget, 
H.R. 45 would not directly change the federal budgetary impact 
of the program, but that treatment could ease the way for 
increased federal spending by exempting such spending from 
budgetary controls. Enacting H.R. 45 would not affect direct 
spending or receipts; therefore, pay-as-you-go procedures would 
not apply.
    H.R. 45 contains intergovernmental mandates as defined in 
the Unfunded Mandates Reform Act (UMRA), but CBO estimates that 
the costs imposed by these mandates would not exceed the 
threshold established by that act ($50 million in 1996, 
adjusted annually for inflation).
    H.R. 45 would impose a private-sector mandate, as defined 
by UMRA, by requiring new training standards for workers 
involved in the removal and transportation of spent nuclear 
fuel and nuclear waste. Information provided by government and 
industry sources indicate that any added costs of this mandate 
beyond current training requirements would be minimal and thus 
would not exceed the threshold for private-sector mandates 
($100 million in 1996, adjusted annually for inflation) 
established in UMRA.
    Estimated cost to the Federal Government: CBO estimates 
that enactment of H.R. 45 would not affect direct spending. We 
estimate that building and operating an interim storage 
facility and continuing the study of the Yucca Mountain site 
for a permanent waste repository as authorized by the bill 
would require appropriations of nearly $4.3 billion over the 
2000-2004 period. (This estimate is about $1 billion higher 
than estimates for similar legislation considered in the 105th 
Congress. The increase is attributable to changes in DOE's 
program plan for the nuclear water program, and the more 
compressed schedule for preparing to receive waste at an 
interim repository.)
    The estimated budgetary impact of H.R. 45 is shown in the 
following table. The costs of this legislation fall within 
budget functions 050 and 270 (defense and energy).

----------------------------------------------------------------------------------------------------------------
                                                            By fiscal years in millions of dollars--
                                               -----------------------------------------------------------------
                                                   1999       2000       2001       2002       2003       2004
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending on the Nuclear Waste Program Under
 Current Law:
    Budget Authority \1\......................        358          0          0          0          0          0
    Estimated Outlays.........................        324         55          0          0          0          0
Proposed Changes:
    Estimated Authorization Level.............          0        740        830        900        900        900
    Estimated Outlays.........................          0        578        746        879        893        900
Spending on the Nuclear Waste Program Under
 H.R. 45:
    Estimated Authorization Level \1\.........        358        740        830        900        900        900
    Estimated Outlays.........................        324        633        746        879        893        900
----------------------------------------------------------------------------------------------------------------
\1\ The 1999 level is the amount appropriated for that year.

    Basis of estimate: This estimate is based on DOE's current 
plan for the nuclear waste program, issued in July 1998, and on 
information from the department concerning the costs of an 
interim storage facility. For purposes of this estimate, CBO 
assumes H.R. 45 will be enacted before the end of fiscal year 
1999, and that the department will proceed to develop an 
interim storage facility in Nevada to accept waste beginning on 
June 30, 2003, as authorized by the bill. We assume that DOE 
will apply to the Nuclear Regulatory Commission (NRC) 
byDecember 31, 2002, for authorization to construct a permanent nuclear 
waste repository at the Yucca Mountain site, and that this facility 
will begin operations by January 17, 2010.

Spending subject to appropriation

    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 costs of building, operating, and transporting 
nuclear waste to the Nevada facility would be about $2.4 
billion over the 2000-2004 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. 45.)
    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 of transporting 
the waste from nuclear reactors to the facility by dedicated 
trains and heavy-haul trucks--which would require road 
improvements. Procurement of special shipping casks and waste-
storage canisters would account for most of the initial 
transportation costs. Based on information from DOE, CBO 
estimates that costs for waste transportation would total $1.3 
billion over the 2000-2004 period. This amount includes $10 
million annually over the 2000-2003 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 interim storage facility would be build in two phases 
and designed to accept up to 40,000 metric tons of uranium. 
Estimated costs of operating the facility 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 203.
    As authorized by the bill, additional costs would be 
incurred after 2004 to complete construction of the interim 
facility and continue operations. These costs, including the 
cost of transporting the waste, would exceed $2 billion over 
the 2005-2009 period.
    Yucca Mountain. H.R. 45 would direct DOE to proceed with 
its Civilian Radioactive Waste Management Program Plan of July 
1998. This plan calls for continuing to evaluate the Yucca 
Mountain site as a permanent repository fur 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, CBO estimates that this effort would 
require appropriations averaging about $390 million annually 
and totaling $1.95 billion over the 2000-2004 period.
    Substantial additional costs would be incurred after 2004 
to construct and operate a nuclear waste repository at Yucca 
Mountain if the NRC issues a license to the department. In its 
December 1998 report, Analysis of the Total System Life Cycle 
Cost of the Civilian Radioactive Waste Management Program, DOE 
estimates the future cost to complete the program is 
``approximately $36.6 billion, in constant 1998 dollars from 
1999 through closure and decommissioning, assumed to be in 
2116.''
    Nuclear Waste Technical Review Board. Title V would 
authorize continuation of the oversight activities of the 
Nuclear Waste Technical Review Board. Based on the board's 
ongoing work, CBO estimates this agency would spend about $3 
million annually over the 2000-2004 period, assuming 
appropriation of the necessary amounts.

Direct spending

    CBO estimates that enacting H.R. 45 would not affect direct 
spending. H.R. 45 would authorize modification of contracts 
between DOE and nuclear utilities that may result in reduced 
payments of annual nuclear waste fees; however, CBO already 
expects such lower payments under current law. Implementation 
of H.R. 45 by constructing an interim nuclear waste repository 
in 2003 could affect the timing of some one-time nuclear waste 
fees owed to the government by 13 nuclear electric utilities; 
however, any such change would require appropriations and would 
not be a result of enacting the bill.
    All commercial nuclear power plant operators in the United 
States are parties to DOE's Standard Contract for Disposal of 
Spent Nuclear Fuel. The Standard Contract provides for DOE to 
take title to and dispose of commercial nuclear waste in 
exchange for certain annual fees and one-time fees paid by 
nuclear utilities to DOE. It states that DOE was to begin 
disposing of nuclear waste on January 31, 1998. Because that 
date has passed and DOE has not begun to dispose of this waste, 
some nuclear utilities are seeing damages through the judicial 
system.
    H.R. 45 would allow nuclear utilities or DOE to propose 
modifications to their individual Standard Contracts for 
Nuclear Waste Disposal to provide for storage of nuclear waste 
in the interim repository authorized by the bill, or to have 
DOE take title to the waste while stored at the utility's site. 
In order to propose either of these contract amendments, the 
bill would require utilities to waive any authority they have 
to seek damages from DOE for its failure to begin accepting 
nuclear waste on January 31, 1998.
    Annual Nuclear Waste Fees. Some utilities may be interested 
in seeking a Standard Contract modification that would require 
DOE to take title (and presumably financialresponsibility) for 
the utility's waste while it is being stored at the utility's site. 
This modification could be accomplished by reducing the annual fees 
that utilities would otherwise be required to pay to DOE. 
(Alternatively, appropriated funds could be used to pay utilities for 
the costs of on-site storage.) Under article IX of the Standard 
Contract, utilities may seek a change in the annual fees they owe to 
compensate them for any additional costs incurred because of an 
avoidable delay in the waste disposal schedule. CBO has assumed that 
DOE would reduce fees by about $400 million for failing to dispose of 
10,000 metric tons of waste over the 1998-2009 period. Because this is 
the same amount that we estimate utilities would seek after having DOE 
take title to the waste on their sites, CBO estimates that enactment of 
H.R. 45 would not further reduce annual nuclear waste receipts.
    One-time Nuclear Waste Fees. As of January 1999, 13 nuclear 
utilities owed DOE about $2.3 billion for one-time nuclear 
waste fees. The one-time fee is a payment for disposal of waste 
generated before enactment of the 1982 Nuclear Waste Policy 
Act, and it is due when waste is delivered to DOE. If DOE 
receives sufficient funding and is able to construct and open 
an interim repository by June 30, 2003, CBO expects utilities 
would begin to seek contract modifications and all of these 
one-time fees would be paid to the government within a few 
years. Because the opening of an interim nuclear waste 
repository would require appropriations, the subsequent receipt 
of one-time fees would not be a result of enacting H.R. 45.

Off-budget status

    Section 301 would require that the receipts and 
disbursements of the Nuclear Waste Fund not be counted as new 
budget authority, outlays, or receipts in the President's 
budget request, the Congressional budget, or for purposes of 
estimates made under the Balanced Budget and Emergency Deficit 
Control Act. H.R. 45 also would authorize appropriations from 
the general fund to pay for the share of DOE's nuclear waste 
disposal program that is attributable to the federal 
government's atomic energy defense activities. The bill would 
not exclude spending from the general fund on this program from 
the federal budget.
    By itself, moving the Nuclear Waste Fund off-budget would 
not change total spending of the federal government. Under 
scorekeeping rule 13 in the conference report on the Balanced 
Budget Act of 1997, H.R. 45 would not be scored as affecting 
spending or receipts for Congressional scorekeeping purposes. 
If the Office of Management and Budget reduced the statutory 
caps on discretionary spending to reflect this change in 
budgetary concepts, making the fund off-budget would not create 
any additional leeway for on-budget appropriations. By 
exempting Nuclear Waste Fund appropriations from the budgetary 
control and enforcement procedures that apply to most other 
programs, however, the bill could have the effect of increasing 
spending on nuclear waste disposal. The amount of any increase 
would depend upon future appropriation actions.
    Pay-as-you-go considerations: None.
    Estimated impact on State, local, and tribal government: 
H.R. 45 contains intergovernmental mandates as defined in UMRA, 
but CBO estimates that the costs imposed by these mandates 
would not exceed the threshold established by that act ($50 
million in 1996, adjusted annually for inflation).

Mandates

    H.R. 45 would preempt any conflicting requirement of state 
law. This preemption would be a mandate as defined by UMRA, but 
CBO estimates that it would impose costs on state and local 
governments that would be well below the threshold in UMRA.
    By directing DOE to construct and operate an interim 
storage facility, H.R. 45 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 
estimates that recurring state spending could increase by as 
much as $5 million per year after shipments to the interim 
storage facility begin. In order to prepare for such shipments, 
the state could also incur one-time costs of $50 million to 
$100 million, spread over several years. 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, however. It would support 
a number of activities, including emergency communications, 
emergency response planning and training, inspections, and 
escort of waste shipments. Further, some of these expenditures 
probably would be reimbursed by the federal government, 
depending on the availability of appropriations. This estimate 
does not include costs of upgrading roadways for heavy-haul 
transportation of nuclear waste in Nevada, because H.R. 45 
provides that DOE would be responsible for those costs.
    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. 45 would require that it begin 
to receive material at an interim facility in fiscal year 2003. 
As a result, the state would have to respond to the shipment 
and storage of waste at least seven years sooner than under 
current law. Further, the state's costs would increase because 
it would have to plan for two facilities.

Other impacts

    H.R. 45 would direct DOE to make cash payments and convey 
parcels of land to Nye County, Nevada, and Lincoln County, 
Nevada. Each would receive annual payments of $2.5 million 
until the first waste is shipped to the interim facility and $5 
million after shipments begin plus a single $5 million payment 
at the time shipments begin. The bill also 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. 45 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. Under H.R. 45, only Nye County 
would be eligible to receive reimbursement for the costs of an 
on-site representative.
    Amounts appropriated by the Congress for payment authorized 
by section 116 have varied considerably over the past several 
years, ranging from zero to $15 million. The Energy and Water 
Development Appropriations Act, 1999 (Public Law 105-245) 
provided $250,000 for the state of Nevada and $5.5 million for 
affected local governments.
    Estimated impact on the private sector; H.R. 45 would 
impose a mandate on the private sector by requiring the 
Secretary of Transportation to establish training standards for 
workers involved in the removal and transportation of spent 
nuclear fuel and nuclear waste. The workers that would be 
affected by this provision already require extensive training 
under current law. Industry experts have indicated that the 
additional costs imposed by this provision would be minimal and 
would not exceed the threshold for private-sector mandates 
($100 million in 1996, adjusted annually for inflation) 
established in UMRA. In addition, these costs could be offset 
by appropriations designated to cover the cost of training 
programs consistent with those requirements. The bill would 
direct the Secretary of Energy to provide funds and technical 
assistance to nonprofit employee organizations, voluntary 
emergency response organizations, and joint labor-management 
organizations that implement such training programs.
    Previous CBO estimate: On May 4, 1999, CBO prepared a cost 
estimate for H.R. 45 as ordered reported by the House Committee 
on Commerce on April 21, 1999. This revised estimate corrects 
an error in the discussion of the basis for the estimate 
prepared on April 21, 1999, but does not change CBO's estimated 
cost of the bill.
    The discussion of direct spending in our earlier estimate 
of the bill stated that ``CBO has assumed that DOE would reduce 
fees by about $400 million a year for failing to dispose of 
10,000 metric tons of waste over the 1998-2009 period.'' Our 
assumption is that fees will be reduced by a total of about 
$400 million over the 1998-2009 period. Thus, this revised 
estimate excludes the words ``a year'' in that discussion.
    Estimate prepared by: Federal Costs: Kim Cawley. Impact on 
State, Local, and Tribal Governments: Marjorie Miller. Impact 
on the Private Sector: Keith Mattrick.
    Estimate approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      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 3(d)(1) of rule XIII 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.

                  Exchange of Committee Correspondence

                          House of Representatives,
            Committee on Transportation and Infrastructure,
                                       Washington, DC, May 4, 1999.
Hon. Tom Bliley,
Chairman, Committee on Commerce, House of Representatives, Rayburn 
        House Office Building, Washington, DC.
    Dear Mr. Chairman: I understand that the Committee on 
Commerce will file its report today on H.R. 45, the Nuclear 
Waste Policy Act of 1999. As you know, H.R. 45 was referred to 
the Committee on Transportation and Infrastructure. Due to the 
need to move this bill to the floor expeditiously, the 
Committee on Transportation and Infrastructure will agree to be 
discharged from further consideration of this legislation based 
on the following understandings.
    Title I of the bill vests the Secretary of Energy with the 
responsibility of making improvements to existing roadways in 
Nevada and the authority of fund road improvements along the 
route leading to the nuclear storage facility, as well as 
authority to provide technical assistance and fund training on 
the safe transportation of nuclear waste. The Committee on 
Transportation and Infrastructure has primary legislative and 
oversight jurisdiction over highway construction and over the 
regulation of both interstate and intrastate transportation of 
hazardous materials by highway and railroad.
    It is my understanding that H.R. 45 is 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, Chapter 51 of title 49 
of the U.S. Code. To confirm this understanding, H.R. 45 
includes a provision clarifying that the bill does not waive or 
otherwise affect any requirements governing the construction of 
federal-aid highways under Title 23, motor carrier and rail 
safety provisions under Title 49, or the Hazardous Materials 
Transportation Act.
    It is my further understanding that H.R. 45 includes a 
provision ensuring that the training provisions of the bill do 
not result in unnecessary duplication of effort among federal 
agencies. I am also assured that the bill will not impose undue 
burdens on persons involved in the transportation of hazardous 
materials, as those persons are currently subject to rigorous 
training requirements under the Hazardous Materials 
Transportation Act.
    On the basis of these clarifications, from consultation 
between our respective committee staffs, the Committee on 
Transportation and Infrastructure will not proceed with formal 
consideration of H.R. 45. However, it is my 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 that the 
Committee's decision in this matter will not be considered 
precedent for consideration of matters of jurisdictional 
interest to the Committee in the future.
    Additionally, should H.R. 45 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 
the foregoing understandings with regard to H.R. 45, and would 
request that a copy of our exchange of letters on this matter 
be placed in the Congressional Record during consideration of 
H.R. 45 on the Floor.
    With kindest personal regards, I remain
            Sincerely,
                                             Bud Shuster, Chairman.
                                ------                                

                          House of Representatives,
                                     Committee on Commerce,
                                       Washington, DC, May 5, 1999.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure, House of 
        Representatives, Rayburn House Office Building, Washington, DC.
    Dear Bud: Thank you for your letter regarding your 
Committee's jurisdictional interest in H.R. 45, the Nuclear 
Waste Policy Act of 1999.
    I acknowledge your committee's jurisdiction over the 
provisions of this legislation addressing the construction and 
repair of federal-aid highways and training for transporters of 
nuclear waste and agree with your interpretation of those 
provisions. I appreciate your cooperation in moving the bill to 
the House floor expeditiously and agree that your decision to 
forgo further action on the bill will not prejudice the 
Transportation and Infrastructure Committee with respect to its 
jurisdictional prerogatives on this or similar provisions. I 
will also insert a copy of your letter and this response in the 
Congressional Record when H.R. 45 is considered by the House.
    Thank you again for your cooperation.
            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 bill's short title as the ``Nuclear Waste Policy 
Act of 1999.''
    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 bill, eliminates 
those definitions that are no longer necessary, and adds 
definitions of key terms used in the legislation. The bill adds 
definitions for ``accept,'' ``acceptance,'' ``disposal 
system,'' ``integrated management system,'' ``interim storage 
facility,'' ``interim storage facility site,'' ``metric tons 
uranium,'' ``Nuclear Waste Fund,'' ``program approach,'' and 
``withdrawal.'' In addition, the bill modifies the definitions 
for ``affected Indian tribe,'' ``affected unit of local 
government,'' ``atomic energy defense activity,'' ``disposal,'' 
``engineered barriers,'' ``high-level radioactive waste,'' 
``low level radioactive waste,'' ``Office'' (relating to the 
Office of Civilian Radioactive Waste Management), ``package,'' 
``repository,'' ``site characterization,'' ``spent nuclear 
fuel,'' ``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--integrated Management System

    Sec. 101. Transportation. This section provides direction 
to DOE regarding its transportation of spent nuclear fuel and 
high-level radioactive waste to the interim storage facility 
and permanent repository sites. The section also clarifies 
issues related to DOE's acceptance of spent fuel and waste.
    Under existing law, DOE has broad discretion to choose the 
methods and routes for transportation of spent fuel and waste 
from current storage sites to Nevada and onward to the Yucca 
Mountain site. Based upon current practices and testimony 
received, the Committee expects DOE to rely primarily on rail 
transportation to ship spent fuel and waste from current 
storage sites to Nevada. However, some spent fuel and waste 
will be transported to Nevada by other methods, including legal 
weight trucks. To facilitate shipping within the State of 
Nevada, DOE has indicated it may either construct a rail spur 
from mainline routes directly to the Yucca Mountain site or opt 
for an intermodal method, transferring canisters from trains to 
trucks that will carry the casks to the site.
    Subsection (a) directs the Secretary to ensure that DOE is 
able to accept and transport spent nuclear fuel and high-level 
radioactive waste by June 30, 2003. DOE is to make use of the 
most safe and efficient method available to transport spent 
fuel and waste to the interim storage facility and the Yucca 
Mountain site. The subsection directs DOE to avoid shipping 
through Las Vegas, Nevada, to the extent practicable.
    H.R. 45 allows DOE to determine the best method to 
transport spent fuel and waste from mainline railroads within 
Nevada to the interim storage facility and Yucca Mountain site. 
However, subsection (b) prescribes specific actions for DOE to 
take if the Secretary elects to use the intermodal method of 
transportation. In such a case, DOE is to develop the 
capability to commence rail to truck intermodal transfer at 
Caliente, Nevada, by June 30, 2003, including acquiring the 
necessary lands and rights-of-way. H.R. 45 also directs DOE to 
provide assistance to the City of Caliente, including the 
acquisition and development of certain lands and replacement of 
wastewater facilities for the City. DOE must publish in the 
Federal Register a legal description of the sites and rights-
of-way to be acquired under this section and file copies of a 
map of such sites and rights-of-way within six months of making 
a determination of a need for rail to truck intermodal 
transfer. Subsection (b) also requires the NRC to enter into a 
Memorandum of Understanding with both the City of Caliente, 
Nevada, and Lincoln County, Nevada, to provide advice to the 
NRC regarding intermodal transfer and on-site representation. 
DOE is directed to pay the reasonable expenses of such 
representation.
    In the event the Secretary chooses to use heavy-haul trucks 
to transport spent fuel and waste within Nevada to the interim 
storage facility site, subsection (c) designates a specific 
route. Because heavy-haul trucks could adversely affect traffic 
in the areas where they are used, DOE, in consultation with the 
State of Nevada and appropriate counties and local 
jurisdictions, must establish reasonable terms and conditions 
for DOE's use of this transportation mode.
    Subsection (d) makes DOE responsible for maintaining and 
improving, as necessary, those roads within the State of Nevada 
that will be used for the transportation of spent nuclear fuel 
and high-level radioactive waste to the interim storage 
facility and permanent repository. The cost for DOE's 
activities under this subsection will be paid from the Nuclear 
Waste Fund.
    Subsection (e) provides that acceptance by DOE of any spent 
fuel or waste constitutes a transfer of title to DOE. In this 
manner, title for spent fuel and waste will transfer at the 
contract holders' designated sites, where DOE takes possession 
of spent fuel and waste.
    Subsection (f) authorizes DOE to enter into discussions 
with other Federal agencies regarding alternate transportation 
routes between mainline railroads at Caliente, Nevada and the 
Yucca Mountain site. The discussions could result in Memoranda 
of Understanding or other agreements between DOE and other 
Federal agencies regarding access to Federal lands for 
alternate transportation routes that run through the Nevada 
Test Site and other Federal lands.
    Sec. 102. Transportation planning. In general, transport of 
spent nuclear fuel and high-level radioactive waste by or for 
DOE under the Nuclear Waste Policy Act will be governed by the 
applicable provisions of the Hazardous Materials Transportation 
Act of 1975 and other relevant statutes. Federal nuclear 
transportation jurisdiction is shared primarily by the NRC and 
DOT. 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. NRC radioactive materials transportation 
regulations are contained in 10 CFR Parts 71 and 73, including 
regulations include requirements for packaging, physical 
security, and cask certification.
    Subsection (a)(1) directs DOE to analyze each reactor 
facility and develop a logistical plan to assure DOE's ability 
to transport spent fuel and waste. The paragraph further 
provides this logistical plan will use routes that minimize, to 
the maximum practicable extent and consistent with Federal 
requirements governing transportation of hazardous materials, 
transportation of spent fuel and waste through populated areas. 
Paragraph (2) requires that, in conjunction with the 
development of the logistical plan required by paragraph (1), 
DOE update and modify existing transportation institutional 
plans to ensure that institutional issues are addressed and 
resolved on a schedule to support the commencement of spent 
fuel and waste transportation to the interim storage facility 
by June 30, 2003. The paragraph requires that such planning 
provide a schedule and process for implementing transportation 
routing plans, transportation contracting plans, transportation 
training in accordance with section 103, and transportation 
tracking programs.
    Subsection (b) directs DOT to establish procedures for the 
selection of preferred rail routes for the transportation of 
spent fuel and waste to the interim storage facility and Yucca 
Mountain site within one year of the date of enactment of the 
bill. This subsection does not grant States, local governments, 
and Indian tribes any authority to establish specific rail 
routes over which spent fuel and waste may or may not be 
transported. The subsection provides that such procedures will 
be established in consultation with the designated emergency 
services planning management official for any State or Indian 
tribe affected by the rail routes selected.
    Sec. 103. Transportation requirements. Subsection (a) 
preserves section 180(a) of the Nuclear Waste Policy Act of 
1982, which provides that no spent nuclear fuel or high-level 
radioactive waste may be transported by or for DOE under this 
bill except in packages certified for such purpose by the NRC. 
The availability of NRC-certified packages will have a 
significant effect on the transportation of spent fuel and 
waste by DOE, since DOE is required to transport spent fuel and 
waste in certified casks. Subsection (b) preserves section 
180(b) of the 1982 Act, which 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 
notification of States prior to transport of spent fuel or 
waste under 10 CFR Part 71.97.
    Subsection (c)(1) expands section 180(c) of the 1982 Act, 
requiring that DOE provide technical assistance and funds to 
States, affected units of local governments, and Indian tribes 
through whose jurisdictions DOE plans to transport substantial 
amounts of spent fuel or waste for training for public safety 
officials. The subsection provides that such training will 
coverprocedures required for safe routine transportation of 
these materials, as well as procedures for dealing with emergencies.
    Paragraph (2)(A) directs DOE to provide technical 
assistance and funds for training to nonprofit employee, 
voluntary emergency response, and joint labor-management 
organizations. In order to qualify, these organizations must 
demonstrate experience in implementing and operating worker 
health and safety training and education programs and the 
ability to reach and involve workers directly engaged in 
transportation of spent fuel and waste or emergency response or 
post-emergency response. Subparagraph (B) specifies 
requirements for training under paragraph (2). Paragraph (3) 
provides grants under this subsection made to implement this 
subsection shall be made from the Nuclear Waste Fund.
    The Committee recognizes a number of Federal agencies have 
programs relating to emergency response, and is concerned about 
possible duplication among these programs. To that end, 
paragraph (4) 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 all emergency response and preparedness training 
programs of the 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 use private carriers to the 
fullest extent possible for spent fuel and waste 
transportation, and prohibits DOE from using direct Federal 
services for such transportation except 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 Committee anticipates use of private 
carriers will be the norm, and direct Federal service the rare 
exception, with respect to spent fuel and waste transportation 
by DOE under the bill.
    Subsection (e) provides that any person engaged in 
interstate commerce of spent fuel or waste under contract to 
DOE pursuant to the bill is subject to the employee protection 
provisions of Federal railroad laws (49 U.S.C. 20109), Federal 
commercial motor vehicle laws (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 or 
licensees of agreement States under section 274 of the Atomic 
Energy Act of 1954, applicants for licenses from the NRC or 
such agreement States, contractors or subcontractors of such 
licensees or applicants, and DOE contractors or subcontractors 
indemnified under the Price-Anderson Act (42 U.S.C. 
5851(a)(2)).
    Subsection (f)(1) 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 fuel and waste within one year of the 
date of enactment of the bill. 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 of spent fuel and waste. Paragraph (2) 
authorizes DOT to refrain from promulgating additional 
regulations with respect to worker training if the Secretary of 
Transportation determines that existing regulations establish 
adequate training standards for workers. DOT and the NRC are 
directed to rely on their Memorandum of Understanding to ensure 
coordination of worker training standards and avoid duplicative 
regulation. Paragraph (3) specifies certain requirements for 
training standards, if required to be promulgated under 
paragraph (1).
    Paragraph (4) provides that training standards for 
emergency response workers shall ensure, in accordance with 
existing regulations, their ability to protect nearby persons, 
property, or the environment from the effects of accidents 
involving spent fuel and waste. Paragraph (5) authorizes to be 
appropriated to DOT such sums from general revenues as may be 
necessary to perform its duties under this subsection.
    Sec. 104. Interim storage. This section provides a means 
for DOE to mitigate potential liabilities under the Nuclear 
Waste Policy Act of 1982, by directing DOE to begin acceptance 
of spent nuclear fuel and high-level radioactive waste at an 
interim storage facility beginning in 2003. In July 1996, the 
U.S. Court of Appeals for the District of Columbia Circuit held 
in Indiana Michigan Power Company v. Department of Energy that 
DOE had a legal duty to begin disposal of spent fuel and waste 
under the Nuclear Waste Policy Act of 1982 by January 31, 1998, 
and that DOE's legal obligation to begin disposal was not 
conditioned on the availability of a repository. Significantly, 
DOE did not seek rehearing of the decision nor did it petition 
the Supreme Court for further review. Subsequent court 
decisions have made it clear the initial remedy available to 
utilities for DOE's failure to begin disposal of spent fuel by 
the statutory deadline is money damages. In November 1997, the 
District of Columbia Circuit held in Northern States Power 
Company v. Department of Energy the Standard Contract between 
DOE and the utilities provides a potentially adequate remedy if 
DOE fails to fulfill its obligations by the statutory deadline.
    The Nuclear Waste Policy Act of 1982 established a 
comprehensive scheme for the disposal of spent fuel and waste. 
The Act included strict limitations on interim storage of spent 
fuel and waste by the Federal government. Section 135 of the 
1982 Act authorized DOE to provide up to 1,900 metric tons of 
capacity for the storage of spent fuel and waste at existing 
Federal facilities, but that authority lapsed in 1990. The 
Nuclear Waste Policy Amendments Act of 1987 established a 
process for siting a monitored retrievable storage facility, 
which incorporated strict limitations on interim storage. 
Section 145 barred DOE from selecting a monitored retrievable 
storage facility site until the agency recommended a site for 
development of a repository to the President and barred 
construction of such a facility in Nevada. Section 148 
prohibited construction of the monitored retrievable storage 
facility until the NRC issued a license for construction of a 
repository, barred construction of the monitored 
retrievablestorage facility if the repository license is revoked, and 
limited the quantity of spent fuel or waste that may be stored at 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 by June 30, 2003. The 
facility will be located at the interim storage facility site, 
which is defined in section 2 of the bill 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. Under 
this definition, DOE has discretion to locate the facility at 
the Yucca Mountain site. The decision to locate the interim 
storage facility within Area 25 of the NTS is based on several 
factors. Location of the interim storage facility at the NTS 
will minimize any impacts of transportation of spent nuclear 
fuel and high-level radioactive waste from reactor sites to 
facilities comprising the integrated management system.
    The interim storage facility is not exclusively dedicated 
to acceptance of spent fuel and waste from civilian nuclear 
power reactors, and spent fuel and waste from atomic energy 
defense activities may also be accepted at the facility. The 
definition of spent nuclear fuel eligible for storage under the 
bill excludes ``foreign spent nuclear fuel'' as defined in 
section 131(f)(4) of the Atomic Energy Act of 1954. That has 
the effect of making spent fuel from foreign research reactors 
eligible for storage at the interim storage site and disposal 
at the repository, while barring spent fuel from foreign 
nuclear power reactors.
    The interim storage 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 June 30, 2003. Current provisions of 10 CFR Part 72 
provide for licensing of independent spent fuel storage 
installations by the NRC. Subsection (a) 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 to provide for licensing of the 
interim storage facility in accordance with the provisions of 
the bill. The subsection also establishes an acceptance rate 
for the interim storage facility: 600 metric tons of uranium 
(MTU) in 2003, 1200 MTU in 2004, 2000 MTU in 2005, 2000 MTU in 
2006, 2700 MTU in 2007, and 3000 MTU annually thereafter. This 
acceptance rate is established to ensure that once the interim 
storage facility begins operation, DOE makes full use of the 
facility and does not unduly rely on taking title to spent fuel 
for storage at reactor sites.
    Subsection (b) directs 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 fuel and facilities and to facilitate the ability of DOE 
to fulfill its obligations under the bill.
    Subsection (c) directs DOE to submit two license 
applications for an interim storage facility, for the first and 
second phases of the facility, respectively. Paragraph (1) 
provides that the NRC shall license the interim storage 
facility in order to commence operations in phases by June 30, 
2003. Paragraph (2) directs DOE to apply for a license for the 
first phase of the interim storage facility 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. Testimony at hearings held by the Subcommittee on 
Energy and Power indicates these milestones are achievable. The 
NRC has licensed fourteen 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, and the first 
phase capacity will not exceed 10,000 MTU.
    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 June 30, 2003. 
The first phase of the interim storage facility should be 
modeled on existing independent spent fuel storage 
installations licensed by the NRC under existing regulations. 
DOE has testified 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 independent 
spent fuel storage installations 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 to spent fuel and waste that can be transported to 
the facility in certified transportable storage systems. For 
purposes of NEPA review, the first and second phases of the 
facility are to be considered separate facilities.
    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 30,000 MTU is in addition to the 10,000 MTU capacity for the 
first phase, so 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 section also 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. By 
limiting the capacity and license term for the interim storage 
facility, the Committee preserves the central importance of a 
repository.
    Subsection (d)(1) authorizes DOE to commence site 
preparation for the interim storage facility as soon as 
practicable after the date of enactment of the 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 and 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 2003 with the need to assure protection of public 
health and safety and the environment. It is important to 
authorize construction of the first phase during NRC licensing 
in order to achieve acceptance of spent nuclear fuel and high-
level radioactive waste by June 30, 2003.
    Subsection (d)(2) authorizes DOE to use any facility owned 
by the Federal government at the interim storage facility site 
on the date of enactment to protect the public health and 
safety or the environment. For example, this provision 
authorizes DOE to use an existing Engine-Maintenance and 
Disassembly 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 to protect 
the public health and safety or the environment, and DOE need 
not prepare any documentation under NEPA prior to using such a 
facility.
    Subsection (e)(1) provides that DOE's actions under this 
section, including designation of the interim storage facility 
site, preparation and submission of license applications for 
the interim storage facility, the construction and operation of 
the interim storage facility, or any other DOE activity, with 
the exception of activities related to taking title for storage 
at reactor sites under subsection (i), are preliminary 
decisionmaking activities and do not require the preparation of 
an EIS or environmental review under NEPA. Subsection (e)(2)(A) 
provides that 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. Subparagraph (A) further 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, and 
analyze transportation impacts in a generic manner. 
Subparagraph (B) provides that this EIS 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 designated by DOE, 
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. 
Paragraph (3) provides that DOE activities related to taking 
title for storage at reactor sites under subsection (i) are not 
major Federal actions for purposes of NEPA.
    The approach taken by the Committee with respect to the 
preparation of EIS's is consistent with the approach taken in 
the Nuclear Waste Policy Act of 1982, and is similar to that 
taken by many other Federal laws, including environmental laws. 
For example, both the Endangered Species Act of 1973 and the 
Clean Water Act of 1977 specify that certain actions are not to 
be considered major Federal actions. A number of energy 
statutes, including the Energy Security Act of 1980, the Energy 
Policy and Conservation Act of 1975, and the Department of 
Energy Organization Act of 1980, also specify that certain 
final 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 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.
    Under current law, it is unclear whether DOE has authority 
to take title to spent fuel for storage at civilian nuclear 
power reactor sites. To date, DOE has failed to identify any 
specific legal basis for taking title to spent fuel for 
purposes of storage at reactor sites. Subsection (i) authorizes 
DOE to do so.
    Sec. 105. Permanent disposal. This section provides for the 
characterization and licensing of a repository for the 
permanent disposal of spent nuclear fuel and high-level 
radioactive waste. It recognizes that DOE has not achieved 
repository operation by January 31, 1998, as required by the 
Nuclear Waste Policy Act of 1982. The section relies to a large 
extent on the program approach announced by DOE in 1994, and 
updated in the revised program plans issued by DOE in May 1996 
and July 1998. The latest program plan calls for 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. In testimony before the Subcommittee on 
Energy and Power, DOE indicated that, given adequate funding, 
these milestones are realistic and achievable. The section 
establishes a radiation release standard that can be modified 
by the NRC, in consultation with the EPA, if the Commission 
determines 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)(1) revokes guidelines promulgated by DOE and 
published at 10 CFR Part 960. These regulations were 
promulgated to compare the suitability of multiple potential 
repository sites, as provided by section 112(a) of the Nuclear 
Waste Policy Act of 1982. Since characterization of multiple 
repository sites was terminated by section 160 of the Nuclear 
Waste Policy Amendments Act of 1987, and the bill repeals 
section 112(a) of the 1982 Act, revocation of the guidelines is 
appropriate. Subsection (a)(2) directs DOE to carry out site 
characterization activities in accord with the program 
approach.
    Subsection (a)(3) requires DOE to apply to the NRC no later 
than December 31, 2002, for authorization to construct a 
repository that will commence operations 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. Subsection (a)(4) directs DOE to seek to 
maximize the repository capacity.
    Subsection (b) directs the NRC to amend its regulations 
governing disposal of spent fuel and 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. Paragraph (1) 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 Committee intends DOE to apply for a license to 
dispose of spent fuel and waste in the repository after 
substantial completion of construction and the filing of any 
additional information needed to complete the license 
application. Paragraph (2) directs the NRC 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 fuel and waste in the repository and collecting 
sufficient confirmatory data on repository performance. 
Paragraph (3) directs the NRC to grant such license amendment 
if there is reasonable assurance 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.
    Paragraph (4) directs DOE 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 
engineered or geologic barriers or increasing radiation 
exposure beyond the standard established in subsection (d)(1). 
The Nuclear Waste Technical Review Board testified at a hearing 
before the Subcommittee on Energy and Power during the 105th 
Congress 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 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.'' (emphasis in original) Further, the 
Energy Policy Act of 1992 required that the National Academy of 
Sciences 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, 
the National Academy of Sciences concluded that ``there is no 
scientific basis for estimating the probability of intrusion at 
far-future times.''
    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 a small quantity of spent nuclear 
fuel or high-level radioactive waste necessary to provide DOE 
with sufficient 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 EPA to issue a 
radiation release standard within one year of the date of 
enactment. EPA issued a standard in 1985, but this standard was 
overturned in July 1987 by the U.S. Court of Appeals for the 
First Circuit in Natural Resources Defense Council v. 
Environmental Protection Agency, and EPA never subsequently 
issued an operative standard. Congress directed EPA a second 
time to issue a radiation release standard when it enacted the 
Energy Policy Act of 1992. Section 801 of the Energy Policy Act 
directed EPA to issue a radiation release standard based upon 
and consistent with the findings and recommendations of NAS. 
NAS issued its recommendations in 1995, 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. Subsection (d) bars EPA from 
promulgating any such standard after enactment of this bill, 
and any such EPA standard 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 overallsystem 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. This 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 its February 10, 1999, testimony before the Subcommittee 
on Energy and Power, the NRC stated the 100 millirem standard in the 
bill, as applied to the average member of the general population in the 
vicinity of Yucca Mountain, is ``consistent with the protection of 
public health and safety.'' The NRC also testified it would implement 
the 100 millirem standard specified in the legislation as a maximum 
dose of 25 millirem per year for the average member of the critical 
group population, an approach consistent with that recommended by the 
NAS.
    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. 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)(4) 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 to the 
public beyond the standard established in subsection (d)(1).
    Subsection (e) includes several provisions relating to 
application of NEPA. Paragraph (1) provides that the 
promulgation of standards or criteria by the NRC in accordance 
with this section shall not require an EIS or other 
environmental analysis under NEPA. Paragraph (2) 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, and directs DOE to 
submit an EIS with the application for construction 
authorization. For purposes of complying with NEPA and this 
section, paragraph (3) directs DOE not to consider the need for 
the repository, the time of initial availability of the 
repository, alternative sites for the Yucca Mountain site, or 
any alternatives to disposal of spent fuel and waste in a 
repository. This approach to NEPA review reflects the 
requirements of the Nuclear Waste Policy Act of 1982 as amended 
in 1987. Paragraph (4) directs the NRC to adopt the EIS 
submitted by DOE to the extent practicable in its consideration 
of a construction authorization, disposal license, and license 
amendment. Nothing in this subsection affects 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 
for the Yucca Mountain site, or any alternatives to the 
disposal of spent fuel and waste in a repository.
    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. 106. 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 leasing 
laws, the material sale laws, and the mining laws. Jurisdiction 
over 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 I. Subsection (b) provides for 
establishment of the boundary of the interim storage facility 
site, and establishes the boundary of the Yucca Mountain site 
by reference to a map on file with DOE. The subsection directs 
DOE to publish legal descriptions and file maps of the interim 
storage facility and repository and provides 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. 107. Applicability. This section provides that nothing 
in the bill affects application of the Hazardous Materials 
Transportation Act of 1975 (49 U.S.C. 5101-5127), Federal rail 
safety laws (49 U.S.C. 20101-21311), Federal motor carrier 
safety laws (49 U.S.C. 31101-31708), and Federal highway laws 
(23 U.S.C. 101-401).

                       Title II--Local Relations

    Sec. 201. On-site representative. The section directs DOE 
to allow Nye County, Nevada, to designate a representative to 
conduct oversight activities on behalf of the County at the 
Yucca Mountain site, and provides that reasonable expenses of 
such representation will be paid by DOE.
    Sec. 202. 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 an agreement may be 
amended only with the mutual consent of the parties to the 
amendment, and terminated only in accordance with subsection 
(c). Under subsection (c), any such agreement will terminate if 
any element of the integrated management system may not 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. 203. 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 202. 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), a benefits agreement will provide for 
the sharing of information relevant to the licensing process 
for the interim storage facility or repository, and permit the 
affected unit of local government that is party to such 
agreement to comment on development of the integrated 
management system and on documents required under law or 
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 202 will constitute a commitment by the United States 
to make payments consistent with any such agreement.
    Sec. 204. 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 
of Nevada 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. 205. Restriction on use of funds. This section 
prohibits the use of funds under this title to influence 
legislative action before Congress or a State legislature, for 
any lobbying activity, for litigation, or to support multistate 
efforts or coalition-building activities inconsistent with the 
purposes of this bill.
    Sec. 206. Initial land conveyances. Subsection (1) provides 
for the conveyance of certain Federal lands within the State of 
Nevada to Nye County, Lincoln County, and the City of Caliente, 
Nevada within 120 days after October 1, 2000, except for lands 
conveyed that are subject to a Federal grazing permit or a 
similar Federally-granted privilege, which are conveyed after 
any such privilege is legally terminated. Subsection (b) 
conveys other specific parcels of lands to the County of Nye, 
the County of Lincoln, and the City of Caliente, Nevada. 
Subsection (c) provides that activities of DOE and other 
Federal agencies in connection with the land conveyances in 
subsections (a) and (b) shall be considered preliminary 
decision-making activities and shall not require an EIS or 
other environmental review under NEPA.
    Sec. 207. Payments equal to taxes. This section authorizes 
DOE to make grants to any affected Indian tribe or affected 
unit of local government in an amount equal to that which the 
affected government would receive if authorized to tax 
integrated management system activities. Subsection (b) 
terminates such grants when DOE permanently closes the 
repository. Subsection (c) provides for cessation of grants 
upon termination of operation of the integrated management 
system or permanent injunction by any court.

                  Title III--Funding and Organization

    Title III has three principal purposes. First, it protects 
the consumer by preventing the diversion of fees paid by 
consumers to other Federal programs. Second, it assures the DOE 
nuclear waste program has sufficient revenue to fulfill DOE's 
obligations under the Nuclear Waste Policy Act of 1982 and this 
bill. Third, it encourages the settlement of litigation. If 
damages in the lawsuits filed against DOE are awarded from the 
Nuclear Waste Fund, the financial drain could cause the nuclear 
waste program to grind to a halt. The first two purposes are 
achieved by the same means, namely moving the Nuclear Waste 
Fund off-budget. Moving the Nuclear Waste Fund off-budget 
protects consumer contributions to the Nuclear Waste Fund and 
assures the DOE nuclear waste program will have sufficient 
revenue to fulfill DOE's obligations under the Nuclear Waste 
Policy Act of 1982 and this bill. Section 301(a) encourages the 
settlement of litigation by authorizing DOE to enter into 
contract amendments with utilities to provide for storage of 
spent fuel or waste in the interim storage facility established 
under section 104 of this bill, have DOE take title under 
section 104(i) to spent fuel or waste for the purpose of on-
site storage at civilian nuclear power reactors, or both.
    The prospect of a significant shortfall between the funding 
DOE needs to construct a repository by 2010 and the amount it 
is likely to receive in appropriations raises serious issues. 
First, it suggests it is unlikely a repository will be 
operating in 2010. Second, it raises the prospect of increased 
potential liability of the Federal government if the repository 
is delayed further.
    Sec. 301. Nuclear Waste Fund. Subsection (a)(1) authorizes 
DOE to enter into contracts with any person who generates or 
holds title to spent nuclear fuel or high-level radioactive 
waste for the acceptance of title, on-site storage, subsequent 
transportation, interim storage, and disposal of such spent 
fuel or waste upon payment of fees in accordance with 
paragraphs (2) and (3). Paragraph (1) differs from section 
302(a)(1) of the Nuclear Waste Policy Act of 1982 in that it 
authorizes DOE to provide on-site and interim storage in 
addition to the acceptance of title, transportation, and 
disposal of such spent fuel and waste. Paragraph (2) provides 
that the fee for electricity generated by a civilian nuclear 
power reactor and sold after the date of enactment of this bill 
will be one mill (one tenth of a cent) per kilowatt-hour, as 
did section 302(a)(2) of the 1982 Act. Paragraph (3) preserves 
the requirement to pay one-time fees under section 302(a) of 
the Nuclear Waste Policy Act of 1982 on electricity generated 
by civilian nuclear power reactors and sold before April 7, 
1983, at the rate of one mill per kilowatt-hour. Paragraph (3) 
further provides that payment of one-time fees relieves 
utilities of any further obligation to the Federal government 
for the storage and disposal of spent fuel and waste generated 
before April 7, 1983.
    Paragraph (4) amends section 302(a)(4) of the 1982 Act, 
which established a mechanism to ensure the program is on a 
sound financial footing. The 1982 Act required that the cost of 
the nuclear waste program be borne by the persons who generated 
the spent fuel and waste. Section 111(a)(4) of the 1982 Act 
provides that ``the costs of [permanent] disposal [of spent 
fuel and waste] should be the responsibility of the generators 
and owners of such waste and spent fuel.'' Section 111(b)(4) of 
the 1982 Act also declared that the purpose of the Nuclear 
Waste Fund is to ``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 fuel.'' Under the 1982 Act, DOE is directed to 
annually review the amount of the fees established in section 
302(a) to evaluate whether collection of the fee will provide 
sufficient revenues to offset the costs of the program. In the 
event DOE determines that either insufficient or excess 
revenues are being collected, the Secretary of Energy is 
directed to propose an adjustment to the mill fee to ensure 
full cost recovery and immediately transmit this proposal to 
Congress. Under the 1982 Act, the adjusted fee automatically 
goes into effect after a period of 90 days of continuous 
session of Congress unless during such period either House of 
Congress adopts a resolution disapproving the Secretary's 
proposed adjustment.
    The Committee retained this mechanism, with one change. 
Since enactment of the Nuclear Waste Policy Act of 1982, the 
unicameral legislative veto was found unconstitutional by the 
Supreme Court in Immigration and Naturalization Service v. 
Chadha. For that reason, the legislative veto in the 1982 Act 
is unconstitutional and inoperative. The only change the bill 
makes to section 302(a)(4) of the 1982 Act is to replace the 
unconstitutional legislative veto provision with a requirement 
that any veto of a fee adjustment requires enactment of a joint 
resolution. Paragraph (4) of this section will operate 
essentially in the same manner as section 302(a)(4) of the 1982 
Act. Both direct DOE to annually review the fees, both require 
the Secretary of Energy to propose an adjustment upon a 
determination that either insufficient or excess revenues are 
being collected, and both provide this adjustment goes into 
effect after a period of 90 days of continuous session unless 
Congress acts to block the proposed adjustment.
    Paragraph (5)(A) provides 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, 
except to the extent that they are modified by the parties to 
such contracts. Subsection (a) does not require DOE to execute 
new contracts with current contract holders. Paragraph (5)(B) 
provides that contracts entered into between DOE and utilities 
for civilian nuclear power reactors licensed by the NRC after 
the date of enactment of this bill shall provide that following 
commencement of operation of a repository DOE shall take title 
to spent fuel or waste from such reactor as expeditiously as 
practicable upon the request of the generator or owner of such 
spent fuel or waste, and, in return for the payment of fees 
established by paragraph (2), DOE shall dispose of such spent 
fuel or waste as expeditiously as practicable.
    Paragraphs (6), (7), and (8) are intended to encourage the 
settlement of lawsuits against DOE for its failure to dispose 
of spent fuel and waste by January 31, 1998. Paragraph (6) 
provides that either party to a contract entered into under 
section 302(a) of the Nuclear Waste Policy Act of 1982 may 
propose to amend the contract as necessary to provide for 
storage of spent fuel and waste in the interim storage facility 
established under section 104(a) of this bill or to have DOE 
take title to spent fuel and waste, as authorized by section 
104(i). The party proposing such an amendment is obligated to 
notify the other party of its intent to enter into such an 
amendment. Paragraph (6) also provides that contract amendments 
may be entered into at any time after the date of enactment of 
this bill. Neither utilities nor DOE are under any obligation 
to enter into contract amendments, and this bill establishes no 
statutory deadline for contract amendments. Any contract 
amendments executed by DOE and the utilities may vary from 
utility to utility, depending on availability of on-site 
storage capacity and other factors.
    Paragraph (7) requires DOE to provide notice to the public 
of any offer to amend a contract under paragraph (6) and 
provide an initial response to any such offer made by another 
party within 30 days. Paragraph (8) provides that upon the 
effective date of any contract amendment entered into under 
paragraph (6), the private party to such an amendment shall be 
deemed to have waived any authority to bring or maintain an 
action against DOE, other than an action for costs incurred 
before such effective date, for failure to accept its spent 
fuel in accordance with section 302(a)(5)(B) of the Nuclear 
Waste Policy Act of 1982. The bill provides that any such 
waiver occurs upon the effective date of any contract 
amendment. The effective date of a contract amendment need not 
be the date the contract amendment is executed.
    Paragraph (9) provides that nothing in this bill shall be 
construed to subject the United States to financial liability 
for any failure of DOE to meet any deadline established in this 
bill. The dates set forth are subject to delay by factors 
beyond the control of Congress and DOE, such as resolution of 
outstanding technical questions, NRC licensing, and litigation.
    Subsection (b) preserves section 302(b) of the Nuclear 
Waste Policy Act of 1982. Paragraph (1)(A) 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. 
Subparagraph (B) authorizes NRC to require that anapplicant 
enter into an agreement with DOE for the storage or disposal of spent 
fuel and waste as a precondition to the issuance or renewal of a 
license. Paragraph (2) prohibits the disposal of spent fuel and waste 
generated or owned by a person other than a department of the Federal 
government in any facility constructed under the bill 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 title of the spent 
fuel or waste involved. Contracts entered into under section 302(c) of 
the 1982 Act provide that parties to the Standard Contract may be 
assignable with transfer of title to the spent fuel and waste.
    Paragraph (4) provides that no spent fuel or waste 
generated or owned by any department of the United States may 
be stored or disposed of by DOE in the repository or the 
interim storage facility unless such department transfers to 
DOE, for deposit in the Nuclear Waste Fund, amounts equivalent 
to the fees that would be paid to DOE under the contracts 
executed under this bill if such spent fuel or waste were 
generated by any other person. The Nuclear Waste Policy Act of 
1982 did not explicitly provide for disposal of spent fuel and 
waste from atomic energy defense activity 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 a repository dedicated to 
defense waste was not required, and authorized disposal of 
defense waste in the repository.
    Under subsection (c), the Nuclear Waste Fund established by 
section 302(c) of the 1982 Act continues in effect. Paragraph 
(1) provides the Nuclear Waste Fund shall consist of all 
receipts, proceeds, and recoveries realized by DOE under 
subsections (a), (b), and (e). Subsection (a) requires the 
payment of both the mill fee and one-time fees. As discussed 
above, subsection (b)(4) provides for payment of fees by 
Federal departments before they can store or dispose of spent 
fuel or waste at a facility constructed under this bill. 
Proceeds under subsection (e) are interest on amounts invested 
by the Treasury. Paragraph (2) provides the Nuclear Waste Fund 
will also include any appropriations made by Congress to the 
Nuclear Waste Fund. Paragraph (3) provides the Nuclear Waste 
Fund will further consist of any unexpended balances for the 
disposal of spent fuel and waste available on the date of 
enactment of this bill.
    Subsection (d) limits use of the Nuclear Waste Fund to the 
purposes of the integrated management system, namely the system 
developed by DOE for the acceptance, transportation, storage, 
and disposal of spent fuel and waste. These provisions make 
clear that the Nuclear Waste Fund is reserved for the exclusive 
use of DOE in implementing the integrated management system. 
These limitations prohibit the expenditure of consumer fees and 
other receipts and proceeds to the Nuclear Waste Fund on other 
Federal programs, in the same manner as section 302(d) of the 
1982 Act. Subsection (d) authorizes DOE to make expenditures 
out of the Nuclear Waste Fund to pay DOE's costs of taking 
title and storing spent fuel at civilian nuclear power reactor 
sites, subject to appropriations, in addition to the cost of 
constructing and operating an interim storage facility. This is 
in contrast with the decision by the Court of Federal Claims in 
Yankee Atomic Electric Company v. United States, which held 
DOE's authority to make expenditures from the Nuclear Waste 
Fund under the 1982 Act is restricted to specific listed 
activities. The court concluded the list ``does not include 
`paying for the costs of on-site storage' '' of spent fuel and 
that the Act ``does not provide for use of the Nuclear Waste 
Fund to help utilities defray costs of on-site storage.''
    As a general rule, the Committee does not believe DOE, in 
its negotiations with utilities over contract amendments to 
take title to spent fuel at reactor sites, should agree to take 
title and store more spent fuel in a given year than it would 
have disposed of in a repository in that year. 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. For example, under the 
Acceptance Priority Ranking and Annual Capacity Report (DOE/RW-
0457 March 1995), DOE planned to accept no more than 400 MTU in 
1998, and no more than 600 MTU in 1999. This report established 
annual acceptance schedules for individual utilities as well as 
totals for all utilities.
    One reason it is important to authorize expenditures from 
the Nuclear Waste Fund to pay the cost of DOE taking title to 
spent nuclear fuel and high-level radioactive waste generated 
by civilian nuclear power reactors for on-site storage is that 
the remedy available under the Standard Contract, equitable 
adjustments in fees, is not available to utilities that own 
civilian nuclear power reactors that have permanently ceased 
operation. As observed by the Court of Federal Claims in Yankee 
Atomic, equitable adjustments are prospective in nature, and 
utilities no longer pay fees to DOE when their reactors cease 
operation. The court reasoned the remedy in Article IX.B of the 
contract is not exclusive, and invoked Article XI, which 
provides that nothing in the contract precludes the plaintiff 
from asserting its rights and remedies under contract or at 
law. The Department of Justice has not yet issued an opinion on 
whether these damage payments will come out of the Nuclear 
Waste Fund or the Judgment Fund of the United States. This bill 
would only permit payments to utilities to come out of the 
Nuclear Waste Fund if they were for purposes of the integrated 
management system, the system developed by DOE for the 
acceptance, transportation, storage, and disposal of spent fuel 
and waste.
    Subsection (e) preserves section 302(e) of the Nuclear 
Waste Policy Act of 1982, which governs administration of the 
Nuclear Waste Fund. Paragraph (1) preserves section 302(e)(1) 
of the 1982 Act, and directs the Secretary of the Treasury to 
hold the Nuclear Waste Fund, and annually report to the 
Congress on the financial condition and operations of the 
Nuclear Waste Fund during the prior fiscal year, after 
consultation with DOE. Paragraph (2) preserves section 
302(e)(2) of the 1982 Act, and provides that DOE will submit 
the Nuclear Waste Fund budget annually to the Office of 
Management and Budget and that the budget will consist of 
estimatesmade by the DOE of expenditures under this bill and 
other financial matters. However, section 302(e)(2) of the 1982 Act 
directed DOE to submit the Nuclear Waste Fund budget to OMB on a 
triennial basis rather than an annual basis, as provided in the bill. 
The paragraph authorizes DOE to make expenditures from the Nuclear 
Waste Fund, subject to appropriations. Paragraph (3) preserves section 
302(e)(3) of the 1982 Act, authorizing DOE to request the Secretary of 
the Treasury to invest amounts in the Nuclear Waste Fund in excess of 
current needs in obligations of the United States that have maturities 
determined by the Secretary of the Treasury to be appropriate to the 
needs of the Nuclear Waste Fund and bearing interest at rates 
determined to be appropriate by the Secretary of the Treasury. 
Paragraph (4) preserves section 302(e)(4) of the 1982 Act, which 
exempts receipts, proceeds, and recoveries realized by DOE under this 
section, and expenditures of amounts from the Nuclear Waste Fund, from 
annual apportionment under the provisions of subchapter II of chapter 
15 of title 31, United States Code.
    Paragraph (5) preserves section 302(e)(5) of the 1982 Act, 
which authorizes the Secretary of Energy to issue to the 
Secretary of the Treasury obligations in forms and 
denominations, bearing such maturities, and subject to such 
terms and conditions as may be agreed to by the Secretary of 
Energy and Secretary of the Treasury if at any time the moneys 
available in the Nuclear Waste Fund are insufficient to enable 
the Secretary of Energy to discharge his responsibilities under 
this bill. The total of such obligations may not exceed amounts 
provided in appropriations acts. Paragraph (5) provides that 
redemption of such obligations shall be made by DOE from moneys 
available in the Nuclear Waste Fund, and determination of the 
interest rates for such obligations by the Secretary of the 
Treasury. The paragraph directs the Secretary of the Treasury 
to purchase any obligations issued by DOE, and for such purpose 
authorizes the Secretary of the Treasury 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 
chapter are extended to include any purchase of such 
obligations. The Secretary of the Treasury is authorized to 
sell any of the obligations acquired by him under this 
paragraph. The paragraph provides that all redemptions, 
purchases, and sales by the Secretary of the Treasury shall be 
treated as public debt transactions of the United States.
    Paragraph (6) preserves section 302(e)(6) of the 1982 Act, 
which governs repayment of appropriations made available to the 
Nuclear Waste Fund under paragraph (5). Any such appropriations 
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. The paragraph 
provides for calculation of interest, determination of the 
interest rate by the Secretary of the Treasury, and deferral of 
interest payments with the approval of the Secretary of the 
Treasury, as long as any such deferred interest payments 
themselves bear interest.
    Subsection (f) moves the Nuclear Waste Fund off-budget. 
This subsection provides that notwithstanding any other 
provision of law, the receipts and disbursements of the Nuclear 
Waste Fund shall not be counted as new budget authority, 
outlays, receipts, or deficit or surplus for purposes of (1) 
the budget of the United States Government as submitted by the 
President; (2) the congressional budget; or (3) the Balanced 
Budget and Emergency Deficit Control Act of 1985. This action 
will protect consumers by preventing the diversion of their 
fees to other Federal programs. The Nuclear Waste Policy Act of 
1982 established the Nuclear Waste Fund with a one mill fee on 
electricity generated by nuclear power plants and sold. The 
1982 Act provided that these fees were to be used solely for 
the purpose of the nuclear waste program, and included express 
limitations on use of the Fund. Section 302(d) of the 1982 Act 
provides that ``DOE may make expenditures from the Waste Fund * 
* * only for purposes of radioactive waste disposal activities 
* * *'' Subsection (d) provides a nonexclusive list of some of 
these purposes. Although this list is nonexclusive, it is clear 
that any expenditures from the Nuclear Waste Fund may be made 
only by the Secretary of Energy, and ``only for purposes of 
radioactive waste disposal activities.'' Expenditures of fees 
paid by consumers into the Nuclear Waste Fund for other Federal 
programs would violate the strict limitations in the Nuclear 
Waste Policy Act of 1982, and invite further litigation.
    Moving the Nuclear Waste Fund off-budget restores the 
nuclear waste program to the status Congress intended when it 
enacted the 1982 Act. Section 302(c) of the Act established the 
Nuclear Waste Fund as a separate fund in the Treasury of the 
United States, with dedicated funding sources, the one mill 
fee, the one-time fees on generation and sales preceding April 
7, 1983, and contributions from other Federal agencies that 
dispose of spent fuel and waste in a repository. One reason 
Congress set up the Nuclear Waste Fund as a separate fund with 
dedicated funding sources was to insulate the program from 
competition with other Federal programs for funding. 
Unfortunately, budget laws enacted since the Nuclear Waste 
Policy Act of 1982 have changed the status of the Nuclear Waste 
Fund, forcing the program to compete with other Federal 
programs for funding, despite the fact the program had 
dedicated revenue sources. As a result of changes in budget 
laws, only 26 percent of the fees paid by consumers in fiscal 
year 1998 were actually spent on the nuclear waste program. By 
moving the Nuclear Waste Fund off-budget, consumers will begin 
to receive a dollar of funding for every dollar they 
contribute.
    Since enactment of the Nuclear Waste Policy Act of 1982, 
the Nuclear Waste Fund has accumulated a large balance, 
approximately $7.2 billion at the end of September 1998. This 
is not unexpected. It was anticipated revenues would exceed 
expenditures in the early years of the program, and the balance 
would be used when costs rose sharply during repository 
construction. Unfortunately, because of budget rules it will 
prove difficult to access the balance in the Nuclear Waste Fund 
at a time when revenue requirements are rising.
    Significantly, moving the Nuclear Waste Fund off-budget 
does not result in uncontrolled or unrestricted spending. 
Section 301(e)(2) provides that the Secretary may only make 
expenditures from the Nuclear Waste Fund subject to 
appropriations. In that manner, there is no uncontrolled or 
unrestrained spending, and appropriators retain control of 
program expenditures.
    Sec. 302. Office of Civilian Radioactive Waste Management. 
This section continues in effect the Office of Civilian 
Radioactive Waste Management (OCRWM), established by section 
304(a) of the 1982 Act to manage the DOE nuclear waste disposal 
program.
    Sec. 303. Defense contribution. Section 303 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. The Nuclear 
Waste Policy Act of 1982 did not explicitly provide for 
disposal of spent fuel and waste generated from atomic energy 
defense activities in the permanent repository. In April 1985, 
President Reagan issued a finding under section 8 of the 1982 
Act that development of a separate repository for the disposal 
of high-level radioactive waste from atomic energy defense 
activities was not required. Section 302(b)(4) of the 1982 Act 
requires that no spent fuel or waste generated or owned by the 
Federal government may be emplaced in the repository unless the 
Federal government deposits in the Nuclear Waste Fund amounts 
equivalent to the fees paid by utilities for disposal of their 
spent fuel and high-level radioactive waste. However, the 
Federal government provided 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 Nuclear Waste Fund Fee 
Adequacy: An Assessment (December 1998), DOE indicated the 
defense underpayment through fiscal year 1997 totaled 
approximately $1.2 billion.
    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) requires 
DOE to report to the Congress annually on the amount of spent 
fuel and waste from atomic energy defense activities and spent 
fuel from foreign research reactors 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 IV--General and Miscellaneous Provisions

    Sec. 401. 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 bill in implementing the integrated 
management system. The broad reference to ``any 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 under either law. 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.
    Sec. 402. Water rights. Subsection (a) provides that 
nothing in this bill or any other Act 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 
bill pursuant to the substantive and procedural requirements of 
the State of Nevada. The subsection clarifies that nothing in 
this bill 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 bill shall 
be construed to limit the exercise of water rights as provided 
under Nevada State laws.
    Sec. 403. Judicial review of agency actions. This section 
preserves, with minor changes, section 119 of the Nuclear Waste 
Policy Act of 1982, 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, establishes a 
deadline for commencing civil actions for judicial review, and 
provides for application of this section.
    Sec. 404. 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. 405. Siting a second repository. This section bars DOE 
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. 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. 406. 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. 407. Nuclear Regulatory Commission training 
authorization. This section preserves section 306 of the 
Nuclear Waste Policy Act of 1982, 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. 408. 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.
    Sec. 409. Purchase of American-Made Equipment and Products. 
This section expresses the sense of Congress that, to the 
greatest extent practicable, equipment and products purchased 
for the purposes of this bill should be American-made. Federal 
agencies providing financial assistance or entering into 
contracts using funds made available under this bill shall 
provide notice of this Congressional intent to the entities 
receiving financial assistance or contracts. Anyone found by a 
court or Federal agency to have intentionally mislabeled a 
product as ``Made in America'' shall be ineligible to receive 
contracts with funds under this bill.
    Sec. 410. Separability. If any provision of this bill is 
found to be invalid, the remainder of the bill shall continue 
in effect.

             Title V--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.

Section 2. Effect on paygo scorecard

    This section prohibits, upon enactment, the Director of the 
Office of Management and Budget from making any estimate of the 
pay-as-you-go effects of section 301 of the Nuclear Waste 
Policy Act of 1999. The requirement to estimate changes in 
direct spending outlays and receipts stems from section 252(d) 
of the Balanced Budget and Emergency Deficit Control Act of 
1985.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) 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.

                   [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 theSecretary under section 112 for site 
characterization, approved by the President under section 112 for site 
characterization, or undergoing site characterization under section 
113.
          [(5) The term ``civilian nuclear activity'' means any 
        atomic energy activity other than an atomic energy 
        defense activity.
          [(6) The term ``civilian nuclear power reactor'' 
        means a civilian nuclear powerplant required to be 
        licensed under section 103 or 104 b. of the Atomic 
        Energy Act of 1954 (42 U.S.C. 2133, 2134(b)).
          [(7) The term ``Commission'' means the Nuclear 
        Regulatory Commission.
          [(8) The term ``Department'' means the Department of 
        Energy.
          [(9) The term ``disposal'' means the emplacement in a 
        repository of high-level radioactive waste, spent 
        nuclear fuel, or other highly radioactive material with 
        no foreseeable intent of recovery, whether or not such 
        emplacement permits the recovery of such waste.
          [(10) The terms ``disposal package'' and ``package'' 
        mean the primary container that holds, and is in 
        contact with, solidified high-level radioactive waste, 
        spent nuclear fuel, or other radioactive materials, and 
        any overpacks that are emplaced at a repository.
          [(11) The term ``engineered barriers'' means manmade 
        components of a disposal system designed to prevent the 
        release of radionuclides into the geologic medium 
        involved. Such term includes the high-level radioactive 
        waste form, high-level radioactive waste canisters, and 
        other materials placed over and around such canisters.
          [(12) The term ``high-level radioactive waste'' 
        means--
                  [(A) the highly radioactive material 
                resulting from the reprocessing of spent 
                nuclear fuel, including liquid waste produced 
                directly in reprocessing and any solid material 
                derived from such liquid waste that contains 
                fission products in sufficient concentrations; 
                and
                  [(B) other highly radioactive material that 
                the Commission, consistent with existing law, 
                determines by rule requires permanent 
                isolation.
          [(13) The term ``Federal agency'' means any Executive 
        agency, as defined in section 105 of title 5, United 
        States Code.
          [(14) The term ``Governor'' means the chief executive 
        officer of a State.
          [(15) The term ``Indian tribe'' means any Indian 
        tribe, band, nation, or other organized group or 
        community of Indians recognized as eligible for the 
        services provided to Indians by the Secretary of the 
        Interior because of their status as Indians, including 
        any Alaska Native village, as defined in section 3(c) 
        of the Alaska Native Claims Settlement Act (43 U.S.C. 
        1602(c)).
          [(16) The term ``low-level radioactive waste'' means 
        radioactive material that--
                  [(A) is not high-level radioactive waste, 
                spent nuclear fuel, transuranic waste, or by-
                product material as defined in section 11e(2) 
                of the Atomic Energy Act of 1954 (42 U.S.C. 
                2014(e)(2)); and
                  [(B) the Commission, consistent with existing 
                law, classifies as low-level radioactive waste.
          [(17) The term ``Office'' means the Office of 
        Civilian Radioactive Waste Management established in 
        section 305.
          [(18) The term ``repository'' means any system 
        licensed by the Commission that is intended to be used 
        for, or may be used for, the permanent deep geologic 
        disposal of high-level radioactive waste and spent 
        nuclear fuel, whether or not such system is designed to 
        permit the recovery, for a limited period during 
        initial operation, of any materials placed in such 
        system. Such term includes both surface and subsurface 
        areas at which high-level radioactive waste and spent 
        nuclear fuel handling activities are conducted.
          [(19) The term ``reservation'' means--
                  [(A) any Indian reservation or dependent 
                Indian community referred to in clause (a) or 
                (b) of section 1151 of title 18, United States 
                Code; or
                  [(B) any land selected by an Alaska Native 
                village or regional corporation under the 
                provisions of the Alaska Native Claims 
                Settlement Act (43 U.S.C. 1601 et seq.).
          [(20) The term ``Secretary'' means the Secretary of 
        Energy.
          [(21) The term ``site characterization'' means--
                  [(A) siting research activities with respect 
                to a test and evaluation facility at a 
                candidate site; and
                  [(B) activities, whether in the laboratory or 
                in the field, undertaken to establish the 
                geologic condition and the ranges of the 
                parameters of a candidate site relevant to the 
                location of a repository, including borings, 
                surface excavations, excavations of exploratory 
                shafts, limited subsurface lateral excavations 
                and borings, and in situ testing needed to 
                evaluate the suitability of a candidate site 
                for the location of a repository, but not 
                including preliminary borings and geophysical 
                testing needed to assess whether site 
                characterization should be undertaken.
          [(22) The term ``siting research'' means activities, 
        including borings, surface excavations, shaft 
        excavations, subsurface lateral excavations and 
        borings, and in situ testing, to determine the 
        suitability of a site for a test and evaluation 
        facility.
          [(23) The term ``spent nuclear fuel'' means fuel that 
        has been withdrawn from a nuclear reactor following 
        irradiation, the constituent elements of which have not 
        been separated by reprocessing.
          [(24) The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, 
        the Northern Mariana Islands, the Trust Territory of 
        the Pacific Islands, and any other territory or 
        possession of the United States.
          [(25) The term ``storage'' means retention of high-
        level radioactive waste, spent nuclear fuel, or 
        transuranic waste with the intent to recover such waste 
        or fuel for subsequent use, processing, or disposal.
          [(26) The term ``Storage Fund'' means the Interim 
        Storage Fund established in section 137(c).
          [(27) The term ``test and evaluation facility'' means 
        an at-depth, prototypic, underground cavity with 
        subsurface lateral excavations extending from a central 
        shaft that is used for research and development 
        purposes, including the development of data and 
        experience for the safe handling and disposal of 
        solidified high-level radioactive waste, transuranic 
        waste, or spent nuclear fuel.
          [(28) The term ``unit of general local government'' 
        means any borough, city, county, parish, town, 
        township, village, or other general purpose political 
        subdivision of a State.
          [(29) The term ``Waste Fund'' means the Nuclear Waste 
        Fund established in section 302(c).
          [(30) The term ``Yucca Mountain site'' means the 
        candidate site in the State of Nevada recommended by 
        the Secretary to the President under section 
        112(b)(1)(B) on May 27, 1986.
          [(31) The term ``affected unit of local government'' 
        means the unit of local government with jurisdiction 
        over the site of a repository or a monitored 
        retrievable storage facility. Such term may, at the 
        discretion of the Secretary, include units of local 
        government that are contiguous with such unit.
          [(32) The term ``Negotiator'' means the Nuclear Waste 
        Negotiator.
          [(33) As used in title IV, the term ``Office'' means 
        the Office of the Nuclear Waste Negotiator established 
        under title IV of this Act.
          [(34) The term ``monitored retrievable storage 
        facility'' means the storage facility described in 
        section 141(b)(1).

                             [separability

  [Sec. 3. If any provision of this Act, or the application of 
such provision to any person or circumstance, is held invalid, 
the remainder of this Act, or the application of such provision 
to persons or circumstances other than those as to which it is 
held invalid, shall not be affected thereby.

                      [territories and possessions

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

                            [ocean disposal

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

                   [limitation on spending authority

  [Sec. 6. The authority under this Act to incur indebtedness, 
or enter into contracts, obligating amounts to be expended by 
the Federal Government shall be effective for any fiscal year 
only to suchextent 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 
disqualifyany 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 Indiantribe 
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 ofany 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 atsuch 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 nuclearfuel 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, \1\ the Secretary shall phase 
out in an orderly manner funding for all research programs in 
existence on such date of enactment designated to evaluate the 
suitability of crystalline rock as a potential repository host 
medium.
  [(d) Additional Siting Criteria.--In the event that the 
Secretary at any time after such date of enactment considers 
any sites in crystalline rock for characterization or selection 
as a repository, the Secretary shall consider (as a supplement 
to the siting guidelines under section 112) such potentially 
disqualifying factors as--
          [(1) seasonally increases in population;
          [(2) proximity to public drinking water supplies, 
        including those of metropolitan areas; and
          [(3) the impact that characterization or siting 
        decisions would have on lands owned or placed in trust 
        by the United States for Indian tribes.

                         [Subtitle F--Benefits


                          [BENEFITS AGREEMENTS

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

                         [CONTENT OF AGREEMENTS

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

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

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

                             [review panel

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

                              [termination

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

                      [Subtitle G--Other Benefits


                  [consideration in siting facilities

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

                                [report

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

                      [Subtitle H--Transportation


                            [transportation

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

[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 submission by the Secretary of, and 
review by the Commission of and necessary action on--
          [(i) the mission plan prepared under section 301; and
          [(ii) such reports and other information as the 
        Commission may reasonably require to evaluate any 
        health and safety impacts of the test and evaluation 
        facility.
  [(B) Such understanding shall also establish the conditions 
under which the Commission may have access to the test and 
evaluation facility for the purpose of assessing any public 
health and safety concerns that it may have. No shafts may be 
excavated for the test and evaluation until the Secretary and 
the Commission enter into such understanding.
  [(2) Subject to section 305, the test and evaluation 
facility, and the facilities authorized in section 217, shall 
be constructed and operated as research, development, and 
demonstration facilities, and shall not be subject to licensing 
under section 202 of the Energy Reorganization Act of 1974 (42 
U.S.C. 5842).
  [(3)(A) The Commission shall carry out a continuing analysis 
of the activities undertaken under this section to evaluate the 
adequacy of the consideration of public health and safety 
issues.
  [(B) The Commission shall report to the President, the 
Secretary, and the Congress as the Commission considers 
appropriate with respect to the conduct of activities under 
this section.
  [(g) Environmental Review.--The Secretary shall prepare an 
environmental impact statement under section 102(2)(C) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)) prior to conducting tests with radioactive 
materials at the test and evaluation facility. Such 
environmental impact statement shall incorporate, to the extent 
practicable, the environmental assessment prepared under 
section 217(a). Nothing in this subsection may be construed to 
limit siting research activities conducted under section 214. 
This subsection shall apply only to activities performed 
exclusively for a test and evaluation facility.
  [(h) Limitations.--(1) If the test and evaluation facility is 
not located at the site of a repository, the Secretary shall 
obtain the concurrence of the Commission with respect to the 
decontamination and decommissioning of such facility.
  [(2) If the test and evaluation facility is not located at a 
candidate site or repository site, the Secretary shall conduct 
only the portion of the in situ testing program required in 
subsection (c) determined by the Secretary to be useful in 
carrying out the purposes of this Act.
  [(3) The operation of the test and evaluation facility shall 
terminate not later than--
          [(A) 5 years after the date on which the initial 
        repository begins operation; or
          [(B) at such time as the Secretary determines that 
        the continued operation of a test and evaluation 
        facility is not necessary for research, development, 
        and demonstration purposes;
whichever occurs sooner.
  [(4) Notwithstanding any other provisions of this subsection, 
as soon as practicable following any determination by the 
Secretary, with the concurrence of the Commission, that the 
test and evaluation facility is unsuitable for continued 
operation, the Secretary shall take such actions as are 
necessary to remove from such site any radioactive material 
placed on such site as a result of testing and evaluation 
activities conducted under this section. Such requirement may 
be waived if the Secretary, with the concurrence of the 
Commission, finds that short-term testing and evaluation 
activities using radioactive material will not endanger the 
public health and safety.

            [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.
  [(b) Office of Subseabed Disposal Research.--(1) There is 
hereby established an Office of Subseabed Disposal Research 
within the Office of Science 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 Science, 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 Science, 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 
as the location for a repository prior to the date on which the 
designation of such site is effective under section 115.

         [nuclear regulatory commission training authorization

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

                  [TITLE IV--NUCLEAR WASTE NEGOTIATOR


                              [definition

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

              [the office of the nuclear waste negotiator

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

[42 U.S.C. 10242]

                       [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 notconsider 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 \1\ 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, \1\ nominate not less than 
22 persons for appointment to the Board from among persons who 
meet the qualifications described in subparagraph (C).
  [(B) The National Academy of Sciences shall nominate not less 
than 2 persons to fill any vacancy on the Board from among 
persons who meet the qualifications described in subparagraph 
(C).
  [(C)(i) Each person nominated for appointment to the Board 
shall be--
          [(I) eminent in a field of science or engineering, 
        including environmental sciences; and
          [(II) selected solely on the basis of established 
        records of distinguished service.
  [(ii) The membership of the Board shall be representative of 
the broad range of scientific and engineering disciplines 
related to activities under this title.
  [(iii) No person shall be nominated for appointment to the 
Board who is an employee of--
          [(I) the Department of Energy;
          [(II) a national laboratory under contract with the 
        Department of Energy; or
          [(III) an entity performing high-level radioactive 
        waste or spent nuclear fuel activities under contract 
        with the Department of Energy.
  [(4) Any vacancy on the Board shall be filled by the 
nomination and appointment process described in paragraphs (1) 
and (3).
  [(5) Members of the Board shall be appointed for terms of 4 
years, each such term to commence 120 days after the date of 
enactment of the Nuclear Waste Policy Amendments Act of 
1987,\1\ except that of the 11 members first appointed to the 
Board, 5 shall serve for 2 years and 6 shall serve for 4 years, 
to be designated by the President at the time of appointment.

                               [functions

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

                         [investigatory powers

  [Sec. 504. (a) Hearings.--Upon request of the Chairman or a 
majority of the members of the Board, the Board may hold such 
hearings, sit and act at such times and places, take such 
testimony, and receive such evidence, as the Board considers 
appropriate. Any member of the Board may administer oaths or 
affirmations to witnesses appearing before the Board.
  [(b) Production of Documents.--(1) Upon the request of the 
Chairman or a majority of the members of the Board, and subject 
to existing law, the Secretary (or any contractor of the 
Secretary) shall provide the Board with such records, files, 
papers, data, or information as may be necessary to respond to 
any inquiry of the Board under this title.
  [(2) Subject to existing law, information obtainable under 
paragraph (1) shall not be limited to final work products of 
the Secretary, but shall include drafts of such products and 
documentation of work in progress.

                        [compensation of members

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

                                 [staff

  [Sec. 506. (a) Clerical Staff.--(1) Subject to paragraph (2), 
the Chairman may appoint and fix the compensation of such 
clerical staff as may be necessary to discharge the 
responsibilities of the Board.
  [(2) Clerical staff shall be appointed subject to the 
provisions of title 5, United States Code, governing 
appointments in the competitive service, and shall be paid in 
accordance with the provisions of chapter 51 and subchapter III 
of chapter 53 of such title relating to classification and 
General Schedule pay rates.
  [(b) Professional Staff.--(1) Subject to paragraphs (2) and 
(3), the Chairman may appoint and fix the compensation of such 
professional staff as may be necessary to discharge the 
responsibilities of the Board.
  [(2) Not more than 10 professional staff members may be 
appointed under this subsection.
  [(3) Professional staff members may be appointed without 
regard to the provisions of title 5, United States Code, 
governing appointments in the competitive service, and may be 
paid without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of such title relating to 
classification and General Schedule pay rates, except that no 
individual so appointed may receive pay in excess of the annual 
rate of basic pay payable for GS-18 of the General Schedule.

                           [support services

  [Sec. 507. (a) General Services.--To the extent permitted by 
law and requested by the Chairman, the Administrator of General 
Services shall provide the Board with necessary administrative 
services, facilities, and support on a reimbursable basis.
  [(b) Accounting, Research, and Technology Assessment 
Services.--The Comptroller General, the Librarian of Congress, 
and the Director of the Office of Technology Assessment shall, 
to the extent permitted by law and subject to the availability 
of funds, provide the Board with such facilities, support, 
funds and services, including staff, as may be necessary for 
the effective performance of the functions of the Board.
  [(c) Additional Support.--Upon the request of the Chairman, 
the Board may secure directly from the head of any department 
or agency of the United States information necessary to enable 
it to carry out this title.
  [(d) Mails.--The Board may use the United States mails in the 
same manner and under the same conditions as other departments 
and agencies of the United States.
  [(e) Experts and Consultants.--Subject to such rules as may 
be prescribed by the Board, the Chairman may procure temporary 
and intermittent services under section 3109(b) of title 5 of 
the United States Code, but at rates for individuals not to 
exceed the daily equivalent of the maximum annual rate of basic 
pay payable for GS-18 of the General Schedule.

                                [report

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

                    [authorization of appropriations

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

                       [termination of the Board

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

SECTION 1. AMENDMENT OF NUCLEAR WASTE POLICY ACT OF 1982.

  The Nuclear Waste Policy Act of 1982 is amended to read as 
follows:

``SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

  ``(a) Short Title.--This Act may be cited as the `Nuclear 
Waste Policy Act of 1999'.
  ``(b) Table of Contents.--
``Sec. 1. Short title and table of contents.
``Sec. 2. Definitions.
``Sec. 3. Findings and purposes.

                 ``TITLE I--INTEGRATED MANAGEMENT SYSTEM

``Sec. 101. Transportation.
``Sec. 102. Transportation planning.
``Sec. 103. Transportation requirements.
``Sec. 104. Interim storage.
``Sec. 105. Permanent disposal.
``Sec. 106. Land withdrawal.
``Sec. 107. Applicability.

                       ``TITLE II--LOCAL RELATIONS

``Sec. 201. On-site representative.
``Sec. 202. Benefits agreements.
``Sec. 203. Content of agreements.
``Sec. 204. Acceptance of benefits.
``Sec. 205. Restriction on use of funds.
``Sec. 206. Initial land conveyances.
``Sec. 207. Payments in lieu of taxes.

                  ``TITLE III--FUNDING AND ORGANIZATION

``Sec. 301. Nuclear Waste Fund.
``Sec. 302. Office of Civilian Radioactive Waste Management.
``Sec. 303. Defense contribution.

            ``TITLE IV--GENERAL AND MISCELLANEOUS PROVISIONS

``Sec. 401. Compliance with other laws.
``Sec. 402. Water rights.
``Sec. 403. Judicial review of agency actions.
``Sec. 404. Licensing of facility expansions and transshipments.
``Sec. 405. Siting a second repository.
``Sec. 406. Financial arrangements for low-level radioactive waste site 
          closure.
``Sec. 407. Nuclear Regulatory Commission training authorization.
``Sec. 408. Subseabed or ocean water disposal.
``Sec. 409. Purchase of American-made equipment and products.
``Sec. 410. Separability.

             ``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. Compensation of members.
``Sec. 506. Staff.
``Sec. 507. Support services.
``Sec. 508. Report.
``Sec. 509. Authorization of appropriations.
``Sec. 510. Termination of the board.

``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) Affected indian tribe.--The term `affected 
        Indian tribe' means an Indian tribe whose reservation 
        is surrounded by or borders on an affected unit of 
        local government, or whose federally defined possessory 
        or usage rights to other lands outside of the border of 
        the Indian tribe's reservation arising out of 
        congressionally ratified treaties may be affected by 
        the locating of an interim storage facility or 
        repository, if the Secretary finds, upon petition of 
        the appropriate government officials of the Indian 
        tribe, that such affects are both substantial and 
        adverse to the Indian tribe.
          ``(3) 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.
          ``(4) Atomic energy defense activity.--The term 
        `atomic energy defense activity' means any activity of 
        the Secretary performed in whole or in part in carrying 
        out any of the following functions:
                  ``(A) Naval reactors development.
                  ``(B) Weapons activities including defense 
                inertial confinement fusion.
                  ``(C) Verification and control technology.
                  ``(D) Defense nuclear materials production.
                  ``(E) Defense nuclear waste and materials 
                byproducts management.
                  ``(F) Defense nuclear materials security and 
                safeguards and security investigations.
                  ``(G) Defense research and development.
                  ``(H) Nuclear nonproliferation.
          ``(5) 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)).
          ``(6) Commission.--The term `Commission' means the 
        Nuclear Regulatory Commission.
          ``(7) Department.--The term `Department' means the 
        Department of Energy.
          ``(8) 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.
          ``(9) 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.
          ``(10) Engineered barriers.--The term `engineered 
        barriers' means man-made components of a disposal 
        system, including 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.
          ``(11) High-level radioactive waste.--The term `high-
        level radioactive waste' means--
                  ``(A) the highly radioactive material 
                resulting from the reprocessing in the United 
                States of spent nuclear fuel, including liquid 
                waste produced directly in reprocessing and any 
                solid material derived from such liquid waste 
                that contains fission products in sufficient 
                concentrations;
                  ``(B) the highly radioactive material 
                resulting from atomic energy defense 
                activities; and
                  ``(C) any other highly radioactive material 
                that the Commission, consistent with existing 
                law, determines by rule requires permanent 
                isolation.
          ``(12) Federal agency.--The term `Federal agency' 
        means any Executive agency, as defined in section 105 
        of title 5, United States Code.
          ``(13) 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)).
          ``(14) 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.
          ``(15) 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 I 
        of this Act.
          ``(16) 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.
          ``(17) 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.
          ``(18) Metric tons uranium and mtu.--The terms 
        `metric tons uranium' and `MTU' mean the amount of 
        uranium in the original unirradiated fuel element 
        whether or not the spent nuclear fuel has been 
        reprocessed.
          ``(19) Nuclear waste fund.--The term `Nuclear Waste 
        Fund' means the Nuclear Waste Fund established in the 
        United States Treasury before the date of enactment of 
        this Act under section 302(c) of the Nuclear Waste 
        Policy Act of 1982.
          ``(20) Office.--The term `Office' means the Office of 
        Civilian Radioactive Waste Management established 
        within the Department before the date of enactment of 
        this Act under section 304(a) of the Nuclear Waste 
        Policy Act of 1982.
          ``(21) 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.
          ``(22) Program approach.--The term `program approach' 
        means the Civilian Radioactive Waste Management Program 
        Plan, dated July 1998, as modified by this Act, and as 
        amended from time to time by the Secretary in 
        accordance with this Act.
          ``(23) Repository.--The term `repository' means a 
        system designed and constructed under title I of this 
        Act for the permanent geologic disposal of spent 
        nuclear fuel and high-level radioactive waste, 
        including both surface and subsurface areas at which 
        spent nuclear fuel and high-level radioactive waste 
        receipt, handling, possession, safeguarding, and 
        storage are conducted.
          ``(24) Secretary.--The term `Secretary' means the 
        Secretary of Energy.
          ``(25) Site characterization.--The term `site 
        characterization' means activities, whether in a 
        laboratory or in the field, undertaken to establish the 
        geologic condition and the ranges of the parameters of 
        the Yucca Mountain 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 the 
        Yucca Mountain site for the location of a repository, 
        but not including preliminary borings and geophysical 
        testing needed to assess whether site characterization 
        should be undertaken.
          ``(26) Spent nuclear fuel.--The term `spent nuclear 
        fuel' means fuel, other than foreign spent nuclear 
        fuel, as defined in section 131 f.(4) of the Atomic 
        Energy Act of 1954 (42 U.S.C. 2160(f)(4)), that has 
        been withdrawn from a nuclear reactor following 
        irradiation, the constituent elements of which have not 
        been separated by reprocessing.
          ``(27) Storage.--The term `storage' means retention 
        of spent nuclear fuel or high-level radioactive waste 
        with the intent to recover such waste or fuel for 
        subsequent use, processing, or disposal.
          ``(28) Withdrawal.--The term `withdrawal' has the 
        same definition as that set forth in the Federal Land 
        Policy and Management Act (43 U.S.C. 1702 et seq.).
          ``(29) Yucca mountain site.--The term `Yucca Mountain 
        site' means the area in the State of Nevada that is 
        withdrawn and reserved in accordance with this Act for 
        the location of a repository.

``SEC. 3. FINDINGS AND PURPOSES.

  ``(a) Findings.--The Congress finds that--
          ``(1) while spent nuclear fuel can be safely stored 
        at reactor sites, the expeditious movement to and 
        storage of such spent nuclear fuel at a centralized 
        Federal facility will enhance the Nation's 
        environmental protection;
          ``(2) while the Federal Government has the 
        responsibility to provide for 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 and the environment, promoting the 
        Nation's energy security, and ensuring the Secretary's 
        ability to commence acceptance of spent nuclear fuel 
        and high-level radioactive waste by June 30, 2003, it 
        is necessary for Congress to authorize the interim 
        storage facility;
          ``(4) deficit-control measures designed to limit 
        appropriation of general revenues have limited the 
        availability of the Nuclear Waste Fund for its intended 
        purposes and threaten to undermine the repository 
        program; and
          ``(5) the Federal Government has the responsibility 
        to provide for the permanent disposal of waste 
        generated from United States atomic energy defense 
        activities.
  ``(b) Purposes.--The purposes of this Act are--
          ``(1) to direct the Secretary to develop an 
        integrated management system in accordance with this 
        Act so that the Department can accept spent nuclear 
        fuel and high-level radioactive waste for interim 
        storage commencing June 30, 2003, and for permanent 
        disposal at a repository commencing January 17, 2010;
          ``(2) to authorize the Secretary to take title to 
        spent nuclear fuel and store it on civilian nuclear 
        power reactor sites in order to provide relief from the 
        financial and other burdens imposed on the owners and 
        operators of such reactors by the Secretary's failure 
        to accept spent nuclear fuel in accordance with section 
        302(a)(5)(B) of the Nuclear Waste Policy Act of 1982;
          ``(3) 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 health and safety and the environment;
          ``(4) to ensure that consumers' contributions to the 
        Nuclear Waste Fund are solely dedicated to the purposes 
        for which the Fund was established; and
          ``(5) 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 accept 
        spent nuclear fuel and high-level radioactive waste.

                ``TITLE I--INTEGRATED MANAGEMENT SYSTEM

``SEC. 101. TRANSPORTATION.

  ``(a) In General.--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 by June 30, 2003. The Secretary shall 
make use of the most safe and efficient method available to 
transport spent nuclear fuel and high-level radioactive waste 
to the interim storage facility and the Yucca Mountain site. To 
the extent practicable, the Secretary shall avoid the shipment 
of spent nuclear fuel and high-level radioactive waste through 
the Las Vegas metropolitan area.
  ``(b) Intermodal Transfer.--In the event the Secretary 
determines there is a need for rail to truck intermodal 
transfer, the Secretary shall do the following:
          ``(1) Develop the capability to commence rail to 
        truck intermodal transfer at Caliente, Nevada, by June 
        30, 2003.
          ``(2) Acquire lands and rights-of-way necessary to 
        commence intermodal transfer at Caliente, Nevada.
          ``(3) 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 by June 30, 2003.
          ``(4) Within 6 months of the Secretary's 
        determination of a need for rail to truck intermodal 
        transfer--
                  ``(A) publish in the Federal Register a 
                notice containing a legal description of the 
                sites and rights-of-way to be acquired under 
                this subsection; and
                  ``(B) file copies of a map of such sites and 
                rights-of-way with the Congress, the Secretary 
                of the Interior, the State of Nevada, the 
                Archivist of the United States, the Board of 
                Lincoln County Commissioners, 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.
For purposes of carrying out this subsection, 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.
  ``(c) 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.
  ``(d) Improvements and Maintenance of Truck Transport 
Route.--Notwithstanding any other law--
          ``(1) the Secretary shall be responsible for--
                  ``(A) making improvements to existing 
                roadways in Nevada, and
                  ``(B) any 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
          ``(2) any such improvement, upgrading, or maintenance 
        activity shall be funded solely by appropriations made 
        pursuant to sections 301 and 303 of this Act.
  ``(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) Designated Route.--Consistent with the requirements of 
subsection (a), the Secretary may, in lieu of any other route 
designation under this section, enter into discussions with the 
heads of other Federal agencies regarding alternate routes 
between Caliente, Nevada and the Yucca Mountain Site and 
running through the Nevada Test Site and other Federal lands.

``SEC. 102. TRANSPORTATION PLANNING.

  ``(a) Transportation Readiness.--
          ``(1) In general.--As soon as is practicable 
        following the date of enactment of this Act, the 
        Secretary shall analyze each specific reactor facility 
        and develop a logistical plan to assure the Secretary's 
        ability to transport spent nuclear fuel and high-level 
        radioactive waste, using routes that minimize, to the 
        maximum practicable extent and consistent with Federal 
        requirements governing transportation of hazardous 
        materials, transportation of spent nuclear fuel and 
        high-level radioactive waste through populated areas.
          ``(2) Institutional plans.--In conjunction with the 
        development of the logistical plan in accordance with 
        paragraph (1), 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 by June 30, 2003. Among other things, such 
        planning shall provide a schedule and process for 
        addressing and implementing, as necessary, 
        transportation routing plans, transportation 
        contracting plans, transportation training in 
        accordance with section 103, and transportation 
        tracking programs.
  ``(b) Rail Routes.--Not later than one year after the date of 
enactment of this Act, the Secretary of Transportation shall 
establish procedures for the selection of preferred rail routes 
for the transportation of spent nuclear fuel and high-level 
radioactive waste to the interim storage facility site and the 
Yucca Mountain site. Such procedures shall be established in 
consultation with the designated emergency services planning 
management official for any State or Indian tribe affected by 
the rail routes selected.

``SEC. 103. 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 before 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, voluntary emergency response 
                organizations, and joint labor-management 
                organizations that demonstrate experience in 
                implementing and operating worker health and 
                safety training and education programs and 
                demonstrate the ability to reach and involve in 
                training programs target populations of workers 
                who are or will be directly engaged in the 
                transportation of spent nuclear fuel and high-
                level radioactive waste or emergency response 
                or post-emergency response with respect to such 
                transportation.
                  ``(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 such fuel or 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 from the Nuclear Waste Fund.
          ``(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) 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).
  ``(f) 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 existing 
        Federal regulations establish adequate training 
        standards for workers, then the Secretary of 
        Transportation can refrain from promulgating additional 
        regulations with respect to worker training in such 
        activities. The Secretary of Transportation and the 
        Commission shall use their Memorandum of Understanding 
        to ensure coordination of worker training standards and 
        to avoid duplicative regulation.
          ``(3) Training standards content.--If training 
        standards are required to be promulgated under 
        paragraph (1), such standards shall, among other things 
        deemed necessary and appropriate by the Secretary of 
        Transportation, provide for--
                  ``(A) a specified minimum number of hours of 
                initial off-site instruction and actual field 
                experience under the direct supervision of a 
                trained, experienced supervisor;
                  ``(B) a requirement that 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
                  ``(C) a training program applicable to 
                persons responsible for responding to and 
                cleaning up emergency situations occurring 
                during the removal and transportation of spent 
                nuclear fuel and high-level radioactive waste.
        The Secretary of Transportation may specify an 
        appropriate combination of knowledge, skills, and prior 
        training to fulfill the minimum number of hours 
        requirements of subparagraphs (A) and (B).
          ``(4) Emergency responder training standards.--The 
        training standards for persons responsible for 
        responding to emergency situations occurring during the 
        removal and transportation of spent nuclear fuel and 
        high-level radioactive waste shall, in accordance with 
        existing regulations, ensure their ability to protect 
        nearby persons, property, or the environment from the 
        effects of accidents involving spent nuclear fuel and 
        high-level radioactive waste.
          ``(5) Authorization.--There are 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. 104. 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 June 
30, 2003. The interim storage facility shall store spent 
nuclear fuel and high-level radioactive waste until the 
Secretary is able to dispose of such fuel and waste in the 
repository. The annual acceptance rate at the interim storage 
facility shall be as follows: 600 MTU in 2003, 1200 MTU in 
2004, 2000 MTU in 2005, 2000 MTU in 2006, 2700 MTU in 2007, and 
3000 MTU annually thereafter.
  ``(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 order to commence 
        operations in phases by June 30, 2003.
          ``(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 for the first phase of the interim storage 
        facility shall have a term of 20 years. The first phase 
        of the interim storage facility 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 of the interim storage facility. The 
        license for the second phase of the interim storage 
        facility shall have an additional storage capacity of 
        30,000 MTU. The license for the second phase of the 
        interim storage facility 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 
        and 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 Area 25 of the Nevada Test Site, to 
        protect the public health and safety or the environment 
        before commencement of operations of the second phase 
        of the interim storage facility.
  ``(e) National Environmental Policy Act of 1969.--
          ``(1) Preliminary decisionmaking activities of the 
        Secretary.--The designation by the Secretary of the 
        interim storage facility site, the preparation and 
        submittal by the Secretary of any license application 
        for the interim storage facility, the construction and 
        operation by the Secretary of the interim storage 
        facility, or any other activity of the Secretary (other 
        than under subsection (i)) under this section 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 of the commission.--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 interim storage 
                        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 interim storage facility as 
                        designated by the Secretary;
                          ``(v) any alternatives to the design 
                        criteria for the interim storage 
                        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.
          ``(3) On-site storage.--Activities of the Secretary 
        under subsection (i) are not major Federal actions 
        subject to the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.).
  ``(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 
before 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 before the date of 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 before such establishment, of any 
technology for the storage of spent nuclear fuel at the site of 
any civilian nuclear power reactor.
  ``(i) Storage On-Site by the Government.--In order to provide 
relief from the financial and other burdens imposed on owners 
and operators of civilian nuclear power reactors by the 
Secretary's failure to accept spent nuclear fuel in accordance 
with section 302(a)(5)(B) of the Nuclear Waste Policy Act of 
1982, the Secretary may take title to spent nuclear fuel 
generated by civilian nuclear power reactors for storage on the 
site of such reactors.

``SEC. 105. 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.
          ``(3) Date.--By December 31, 2002, the Secretary 
        shall apply to the Commission for authorization to 
        construct a repository that will commence operations by 
        January 17, 2010. If, at any time before 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 will 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) Commission regulations.--The promulgation of 
        standards or criteria by the Commission 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 require 
        any environmental review under subparagraph (E) or (F) 
        of section 102(2) of such Act.
          ``(2) 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.
          ``(3) 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, the time of the initial 
        availability of the repository, alternate sites for the 
        Yucca Mountain site, or any alternatives to the 
        disposal of spent nuclear fuel and high-level 
        radioactive waste in a repository.
          ``(4) 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 for the Yucca Mountain site, or any alternatives 
        to the disposal of spent nuclear fuel and high-level 
        radioactive waste in a repository.
  ``(f) Judicial Review.--No court shall have jurisdiction to 
enjoin issuance of the Commission repository licensing 
regulations before its final decision on review of such 
regulations.

``SEC. 106. 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 over 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 for interim storage facility site.--
        The Secretary shall establish the boundaries and have 
        maps drawn for the interim storage facility site.
          ``(2) Boundaries for the yucca mountain site.--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 for the interim storage 
        facility site.--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 legal description 
                (including maps) 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 for the yucca mountain site.--
        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 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. 107. APPLICABILITY.

  ``Nothing in this Act shall affect the application of chapter 
51 of title 49, United States Code; part A of subtitle V of 
title 49, United States Code; part B of subtitle VI of title 
49, United States Code; and title 23, United States Code.

                      ``TITLE II--LOCAL RELATIONS

``SEC. 201. 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. 202. 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. 203. 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 202(a) in accordance 
        with the following schedule:

                           ``BENEFITS SCHEDULE
                          [Amounts in millions]
------------------------------------------------------------------------
                            Event                                Amount
------------------------------------------------------------------------
(A) Annual payments before first spent fuel receipt..........       $2.5
(B) Payment upon first spent fuel receipt....................       $5
(C) Annual payments after first spent fuel receipt until            $5
 closure of facility.........................................
------------------------------------------------------------------------

          ``(2) Definition.--For purposes of this section, the 
        term `first spent fuel receipt' means the acceptance of 
        spent nuclear fuel or high-level radioactive waste for 
        storage at the interim storage facility or disposal at 
        the repository but does not include acceptance for 
        purposes of testing or operational demonstration.
          ``(3) Annual payments.--Annual payments before first 
        spent fuel receipt under line (A) of the benefits 
        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 benefits 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 before the first spent fuel receipt 
        under line (A) of the benefits schedule, such first 
        spent fuel payment under line (B) of the benefits 
        schedule shall be reduced by an amount equal to \1/12\ 
        of such annual payment under line (A) of the benefits 
        schedule for each full month less than 6 that has not 
        elapsed since the last annual payment under line (A) of 
        the benefits schedule.
  ``(b) Contents.--A benefits agreement under section 202 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 202 shall constitute a 
commitment by the United States to make payments in accordance 
with such agreement.

``SEC. 204. 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 implied, 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.
  ``(b) Arguments.--Neither the United States nor any other 
entity may assert any argument based on legal or equitable 
estoppel, acquiescence, waiver, or consensual involvement, in 
response to any decision by the State of Nevada to oppose the 
siting in the State of 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 may 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. 205. RESTRICTION ON USE OF FUNDS.

  ``None of the funding provided under section 203 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; or
          ``(3) to support multistate efforts or other 
        coalition-building activities inconsistent with the 
        purposes of this Act.

``SEC. 206. INITIAL LAND CONVEYANCES.

  ``(a) Conveyance of Public Lands.--Within 120 days after 
October 1, 2000, 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 or the City of Caliente, Nevada, 
unless the county or city 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 in Nevada 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, 2000, 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, 
2000.
  ``(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. 207. PAYMENTS IN LIEU OF 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 the 
Secretary permanently closes the repository.
  ``(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 III--FUNDING AND ORGANIZATION

``SEC. 301. NUCLEAR WASTE FUND.

   (a) Contracts.--
          (1) In general.--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 high-level radioactive 
        waste or spent nuclear fuel for the acceptance of 
        title, on-site storage, subsequent transportation, 
        interim storage, 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 for the integrated 
        management system.
          ``(2) Fee for electricity generated.--For electricity 
        generated by a civilian nuclear power reactor and sold 
        after the date of enactment of this Act, the fee under 
        paragraph (1) shall be equal to 1.0 mill per kilowatt-
        hour.
          ``(3) One-time fee.--The one-time fee collected under 
        contracts executed under section 302(a) of the Nuclear 
        Policy Waste Act of 1982 after 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. In paying such 
        a fee to the Secretary, the person delivering such 
        spent nuclear fuel or high-level radioactive waste 
        derived from spent nuclear fuel shall have no further 
        financial obligation to the Federal Government for the 
        long-term storage and permanent disposal of such spent 
        nuclear fuel or high-level radioactive waste.
          ``(4) Payment procedures.--The Secretary shall 
        annually review the amount of the fees established by 
        paragraph (2) to evaluate whether collection of the fee 
        will provide sufficient revenues to offset expenditures 
        for the integrated management system. In the event the 
        Secretary determines that either insufficient or excess 
        revenues are being collected, in order to recover the 
        costs incurred for the integrated management system, 
        the Secretary shall propose an adjustment to the fee to 
        ensure 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 a joint resolution disapproving the Secretary's 
        proposed adjustment is enacted into law.
          ``(5) Contracts.--
                  ``(A) Contracts under section 302.--
                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 such contracts have been modified 
                by the parties to such contracts.
                  ``(B) Contracts under this act.--Contracts 
                entered into under paragraph (1) of this 
                subsection shall provide that--
                          ``(i) following commencement of 
                        operation of a repository, the 
                        Secretary shall take title to the spent 
                        nuclear fuel or high-level radioactive 
                        waste involved as expeditiously as 
                        practicable upon the request of the 
                        generator or owner of such spent fuel 
                        or waste; and
                          ``(ii) in return for the payment of 
                        fees established by this section, the 
                        Secretary shall as expeditiously as 
                        practicable dispose of the high-level 
                        radioactive waste or spent nuclear fuel 
                        involved.
          ``(6) Rights of contract holders.--With respect to 
        any contract entered into under section 302(a) of the 
        Nuclear Waste Policy Act of 1982 and continued in 
        effect under paragraph (5)(A), either party may propose 
        to amend the contract as necessary to provide for 
        storage of spent nuclear fuel or high-level nuclear 
        waste in the interim storage facility established under 
        section 104 of this Act or to have the Secretary take 
        title under subsection (i) of such section to spent 
        nuclear fuel or high-level nuclear waste for the 
        purpose of on-site storage. The party proposing such an 
        amendment shall notify the other party to the contract 
        of its intent to enter into such an amendment. Contract 
        amendments may be entered into at any time after the 
        date of the enactment of this Act.
          ``(7) Secretary's obligation with respect to proposed 
        contract amendments.--The Secretary shall--
                  ``(A) provide notice to the public of any 
                offer to amend a contract under paragraph (6); 
                and
                  ``(B) provide an initial response to any such 
                offer made by another party within 30 days of 
                the date notice is given under paragraph (6).
          ``(8) Effect on authority to bring or maintain an 
        action.--Upon the effective date of any contract 
        amendment entered into under paragraph (6), the parties 
        to such an amendment shall be deemed to have waived any 
        authority to bring or maintain an action against the 
        Secretary (other than an action for costs incurred 
        before such effective date) for failure to accept its 
        spent nuclear fuel in accordance with section 
        302(a)(5)(B) of the Nuclear Waste Policy Act of 1982.
          ``(9) Liability.--Nothing in this Act shall be 
        construed to subject the United States to financial 
        liability for any failure of the Secretary to meet any 
        deadline established in this Act.
  ``(b) Advance Contracting Requirement.--
          ``(1) License issuance and renewal.--
                  ``(A) In general.--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) 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 high-level radioactive 
                waste and spent nuclear fuel that may result 
                from the use of such license.
          ``(2) Contract requirement.--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 stored or disposed of by the Secretary in 
        any facility 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 the date on which such 
        generator or owner commences generation of, or takes 
        title to, such spent fuel or waste.
          ``(3) Assignable rights and duties.--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) Government fuel and waste.--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 stored or disposed of by the Secretary in 
        any facility 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) Nuclear Waste Fund.--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. The Nuclear 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 Nuclear Waste Fund 
        immediately upon their realization;
          ``(2) any appropriations made by the Congress to the 
        Nuclear Waste Fund; and
          ``(3) any unexpended balances available on the date 
        of enactment of this Act for the disposal of spent 
        nuclear fuel or high-level radioactive waste, which 
        shall automatically be transferred to the Nuclear Waste 
        Fund on such date.
  ``(d) Use of Nuclear Waste Fund.--The Secretary may make 
expenditures from the Nuclear Waste Fund, subject to subsection 
(e), only for purposes of the integrated management system.
  ``(e) Administration of Nuclear Waste Fund.--
          ``(1) Secretary of the treasury.--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.
          ``(2) Budget.--The Secretary shall submit the budget 
        of the Nuclear Waste Fund to the Office of Management 
        and Budget annually along with the budget of the 
        Department of Energy submitted at such time in 
        accordance with chapter 11 of title 31, United States 
        Code. The budget of the Nuclear Waste Fund shall 
        consist of the estimates made by the Secretary of 
        expenditures from the Nuclear Waste Fund and other 
        relevant financial matters for the succeeding 3 fiscal 
        years. The Secretary may make expenditures from the 
        Nuclear Waste Fund, subject to appropriations which 
        shall remain available until expended.
          ``(3) Investment of excess.--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--
                  ``(A) having maturities determined by the 
                Secretary of the Treasury to be appropriate to 
                the needs of the Nuclear 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) 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.
          ``(5) Obligations.--If at any time the moneys 
        available in the Nuclear Waste Fund are insufficient to 
        enable the Secretary to discharge the Secretary's 
        responsibilities under this Act, 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 Nuclear 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 chapter 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) Repayment.--Any appropriations made available 
        to the Nuclear Waste Fund under paragraph (5) 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 Nuclear Waste Fund, 
        less the average undisbursed cash balance in the 
        Nuclear 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.
  ``(f) Budget Status of Nuclear Waste Fund.--Notwithstanding 
any other provision of law, the receipts and disbursements of 
the Nuclear Waste Fund shall not be counted as new budget 
authority, outlays, receipts, or deficit or surplus for 
purposes of--
          ``(1) the budget of the United States Government as 
        submitted by the President;
          ``(2) the congressional budget; or
          ``(3) the Balanced Budget and Emergency Deficit 
        Control Act of 1985.

``SEC. 302. 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 before 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. 303. 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 and 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 and 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.--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 IV--GENERAL AND MISCELLANEOUS PROVISIONS

``SEC. 401. 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. 402. 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. 403. 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. 404. 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 January 1, 
        2015.
          ``(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 on-site 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. 405. 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. 406. 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, before issuance of 
        licenses for low-level radioactive waste disposal or, 
        in the case of licenses in effect on January 7, 1983, 
        before 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. 407. NUCLEAR REGULATORY COMMISSION TRAINING AUTHORIZATION.

  ``The Commission shall 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. 408. SUBSEABED OR OCEAN WATER DISPOSAL.

  ``Notwithstanding any other provision of law--
          ``(1) the subseabed or ocean water disposal of spent 
        nuclear fuel or high-level radioactive waste is 
        prohibited; and
          ``(2) no funds shall be obligated for any activity 
        relating to the subseabed or ocean water disposal of 
        spent nuclear fuel or high-level radioactive waste.

``SEC. 409. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.

   ``(a) In General.--It is the sense of the Congress that, to 
the greatest extent practicable, all equipment and products 
purchased with funds made available under this Act should be 
American-made.
  ``(b) Notice Requirement.--In providing financial assistance 
to, or entering into any contract with, any entity using funds 
made available under this Act, the head of each Federal agency, 
to the greatest extent practicable, shall provide to such 
entity a notice describing the statement made in subsection (a) 
by the Congress.
  ``(c) Prohibition of Contracts With Persons Falsely Labeling 
Products as Made in America.--If it has been finally determined 
by a court or Federal agency that any person intentionally 
affixed a label bearing a ``Made in America'' inscription, or 
any inscription with the same meaning, to any product sold in 
or shipped to the United States that is not made in the United 
States, the person shall be ineligible to receive any contract 
or subcontract made with funds made available under this Act, 
pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 
48, Code of Federal Regulations.

``SEC. 410. SEPARABILITY.

  ``If any provision of this Act, or the application of such 
provision to any person or circumstance, is held to be invalid, 
the remainder of this Act, or the application of such provision 
to persons or circumstances other than those as to which it is 
held to be invalid, shall not be affected thereby.

            ``TITLE V--NUCLEAR WASTE TECHNICAL REVIEW BOARD

``SEC. 501. 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 
        502.

``SEC. 502. 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 before 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. 503. 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. 504. 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. 505. 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. 506. 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, gov-

        erning 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. 507. 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. 508. REPORT.

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

``SEC. 509. 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. 510. 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.''.

SEC. 2. EFFECT ON PAYGO SCORECARD.

  Upon the enactment of this Act, the Director of the Office of 
Management and Budget shall not make any estimates of changes 
in direct spending outlays and receipts under section 252(d) of 
the Balanced Budget and Emergency Deficit Control Act of 1985 
resulting from the enactment of section 301 of Nuclear Waste 
Policy Act of 1999.

 DISSENTING VIEWS OF REPRESENTATIVE EDWARD J. MARKEY, HENRY A. WAXMAN, 
                             AND ANNA ESHOO

    H.R. 45 is intended to solve the nuclear waste problem of 
the nuclear power industry. Spent fuel and other high-level 
nuclear waste, however, threatens the health and safety not of 
the industry but of the public. This bill will only increase 
the danger to the public and bequeath the nuclear waste problem 
to future generations.
    The nuclear utility industry in testimony before the Energy 
and Power Subcommittee of the Commerce Committee essentially 
had two concerns: (1) the United States government has failed 
to meet its target of starting to place high-level nuclear 
waste in a permanent repository by 1998; (2) the lack of 
storage space for the waste at reactor sites threatens 
continued operation of the plants.
    The deadline is a manufactured problem. The nuclear 
industry lobbied Congress to set an unnecessary and unrealistic 
deadline for opening a permanent high-level waste repository in 
the Nuclear Waste Policy Act of 1982. The industry then ensured 
that the Department of Energy (DOE) would not meet the deadline 
when it lobbied Congress to restrict research to a single, 
geologically complicated site--Yucca Mountain in Nevada--in the 
Nuclear Waste Policy Act of 1987. The industry slowed the 
process further by lobbying Congress for the Waste Isolation 
Pilot Plant Land Withdrawal Act and the Energy Policy Act of 
1992, which required separate radiation protection standards 
for Yucca Mountain and prevented the Environmental Protection 
Agency (EPA) from issuing those standards until after a report 
that was to be commissioned from the National Academy of 
Sciences (NAS).
    Now the nuclear industry is threatening the future of the 
nuclear waste repository program through lawsuits (as well as 
through the present bill). Having helped set the deadline for 
waste acceptance and helped make sure it would not be met, 
nuclear utilities have sued the U.S. government for its failure 
to start taking the waste. Unfortunately, the courts have ruled 
that the government is liable for damages, although they have 
declined to require the government actually to take the waste. 
For operating plants the judgments are likely to be in the form 
of a reduction of fees paid by utilities into the Nuclear Waste 
Fund. For retired plants cash payments are likely, either from 
the Nuclear Waste Fund or from general tax revenues. Depending 
on the size of awarded damages, these judgments could threaten 
the financial viability of the repository program. Thus, 
because of the lawsuits, the deadline has become a serious 
issue for the repository program.
    The deadline would be a critical issue for the nuclear 
industry, rather than a potential revenue source, only if 
continued at-reactor storage was a problem. However, the 
Nuclear Regulatory Commission (NRC), which licenses at-reactor 
storage, testified that interim storage of high-level waste at 
the reactor sites ``will continue to protect public health and 
safety.'' Claims of lack of storage space are far-fetched, 
given the relative ease of building and licensing additional 
dry-cask storage at reactors. There is no physical or safety 
problem. The issue is a purely financial one, due to the costs 
of continued storage, and that issue is being addressed through 
the lawsuits.
    Even though H.R. 45 is unnecessary, this legislation is 
back before Congress for the third time in five years. Like a 
bad sequel on late-night TV, this bill returns again and again, 
with the same threadbare story and dubious side-plots. Several 
of the key ``plot'' elements of the bill are discussed here.
    Interim storage: this year, in a significant addition, the 
bill features not one but two storage options to serve the 
utilities:
     ``Bates Motel'' centralized interim storage: 
Placing nuclear waste in an interim storage facility in Nevada 
would virtually guarantee that the ``interim'' facility would 
become a de facto permanent above-ground repository. Once 
nuclear waste is moved away from the reactor sites, the nuclear 
industry won't care if the permament underground repository 
program withers on the vine. Shipping waste to a storage 
facility will be like going to the Bates Hotel in the movie 
``Psycho'': it will check in, but it won't check out. The waste 
remains radioactive for hundreds of thousands of years. Punting 
final resolution of this issue to future generations is simply 
irresponsible. We who benefited from the electricity produced 
by nuclear power have the responsibility to safely deal with 
the byproducts of nuclear power. We should not bequeath the 
problem to our heirs by storing the waste in the above-ground 
warehouse in Nevada until we are gone.
     ``Double Indemnity'' at-reactor storage: DOE 
Secretary Richardson proposed in testimony to the Subcommittee 
that to settle the industry lawsuits, the U.S. should consider 
taking title to the nuclear waste and paying for its continued 
storage at the nuclear reactor sites. H.R. 45 gives this option 
to utilities in addition to centralized storage, to be taken 
any time they choose. Under the bill the utilities can pursue 
their lawsuits until they are unsatisfied with the resolution, 
and then turn around and have DOE pay them for storing the 
waste at the reactor or else have DOE take the waste off their 
hands--or both in succession (while still suing DOE for damages 
for the period up until DOE acts). Utilities are given a win-
win choice, ``heads I win, tails I sue.'' The rest of us are in 
double jeopardy, as we are bound to get stuck with the largest 
possible bill.
    Transportation: Centralized storage of nuclear waste 
presents a regional long-term threat to public health and 
safety, but moving the waste to the facility presents a 
national immediate threat.
     ``Atomic Train'' transportation: Moving the 
nuclear waste to a Nevada storage facility would require more 
than 100,000 shipments of high-level nuclear waste through 43 
states. Based on average truck and rail accident rates, we can 
expect 210-354 nuclear waste transportation accidents. Since 
current waste transport casks have never been physically 
tested, we don't know how many of those accidents could cause a 
``mobile Chernobyl.'' What's worse, if Yucca Mountain proves to 
be unsuitable, we'd have to pack up the waste all over again 
and ship it somewhere else (or permanently abandon it in a 
temporary facility at an unsafe location)--thereby doubling the 
chance of a catastrophic radiological accident. As in the 
upcoming TV movie, an Atomic Train is hurtling toward you--will 
you be safe?
     ``The Untouchables'' contractor indemnification: 
Although H.R. 45 does not assure your safety, it maintains 
current law that protects the companies that transport the 
waste. 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. Even a contractor guilty of 
negligence, gross negligence, or willful misconduct will escape 
any financial liability for its misdeeds. As a result, private 
DOE contractors who ship the waste may not have sufficient 
economic incentives to take every precaution to ensure its safe 
transport. The money to pay for the damage done by these 
corporate malfeasors comes directly out of the Nuclear Waste 
Fund. In other words, a contractor that through negligence or 
misconduct causes 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.
    Environmental protection: Despite DOE's assurance in its 
recent Viability Assessment that it has found no scientific 
``show-stoppers'' at Yucca Mountain, the sponsors of H.R. 45 
seem to fear that the site won't be up to snuff. So in H.R. 45 
they gut the radiation release standards for Yucca Mountain and 
the process by which both interim storage and permanent 
disposal will be judged:
     ``Keystone Kops'' environmental standards: as 
provided under current law (though rather late) EPA is set to 
issue radiation release standards for Yucca Mountain based on 
the findings of the 1995 NAS report. H.R. 45 would bar EPA from 
issuing the standards, would set a specific release level, and 
would give oversight over the standards to the NRC. EPA's job 
is to issue environmental standards; NRC's proper role is to 
use those standards to license nuclear facilities. This bill 
would replace the environmental watchdogs at EPA with what the 
nuclear industry hopes will be captive lapdogs at NRC.
    But the real Keystone Kops are here in Congress, which in 
H.R. 45 takes upon itself the highly technical task of setting 
a radiation release standard. Look at the results. In H.R. 45 
the standard of 100 millirems/year poses a lifetime risk of one 
cancer death for every 500 individuals. But since the bill's 
standard applies to the ``average'' person in the ``vicinity'' 
of Yucca Mountain, EPA suggested in testimony that people in 
the most exposed group (those whose water supply is 
contaminated) could be exposed to a fatal cancer risk of one in 
25. The numerical standard of 100 millirem/year is more than 
six times higher than the standard for the Waste Isolation 
Pilot Plant in New Mexico and any future repository other than 
Yucca Mountain. It misrepresents the international recommended 
limit of 100 millirem/year from all artificial sources, and it 
far exceeds the standards adopted abroad for high-level waste 
programs, including Sweden (10 millirem/year), France (25 
millirem/year), Finland and Switzerland (10 millirem/year) and 
Canada (1 millirem/year). The standard in the bill is totally 
inconsistent with the recommendations in the Congressionally 
mandated NAS report 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 Hollow Man'' Environmental Impact Statement 
(EIS) restrictions: Congress enacted the National Environmental 
Policy Act (NEPA) to assure the public that before the federal 
government undertook a major action, it would conduct an 
assessment of its environmental impact, including an analysis 
of less harmful alternatives, and 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 hundreds of thousands of years. By 
exempting, eviscerating or delaying NEPA analysis of interim 
storage and permanent disposal, H.R. 45 mandates the shell of 
an EIS that would conceal a completely hollow core. It prevents 
an analysis of possible alternatives, which is the crux of the 
EIS process. It also prevents truly meaningful public 
involvement in the decision-making process by allowing a gutted 
EIS process to occur only at the first decision points, rather 
than early enough in the process that it could have a real 
impact.
    To illustrate, it is worth quoting the restrictions on NEPA 
in H.R. 45 only regarding centralized interim storage: no EIS 
or environmental review is to be done for: ``the designation by 
the Secretary of the interim storage facility site, the 
preparation and submittal by the Secretary of any license 
applicant for the interim storage facility, the construction 
and operation by the Secretary of the interim storage facility, 
or any other activity of the Secretary'' regarding interim 
storage. An EIS is required for final NRC licensing, but it 
``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 repository; (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 interim storage facility * 
* *; (v) any alternatives to the design criteria for the 
interim storage facility or any individual component thereof,* 
* *; 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.'' 
While some minimal analysis of environmental impacts is 
allowed, consideration of any possible actions based on the 
analysis is specifically precluded.
     ``Indiana Jones and the Temple of Doom'' human 
intrusion provision: H.R. 45 directs the NRC in its licensing 
process to ignore any effects of human intrusion. The 
regulators are directed to just assume that no 27th century 
Indiana Jones could ever penetrate the nuclear Temple of Doom 
we're building out in Nevada. This flies in the face of a sound 
science and common sense. The 1995 NAS report examined the 
issue of human intrusion in some depth and 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.

    The only current deep geologic repository, the Waste 
Isolation Pilot Plant in New Mexico, followed the Academy's 
advice. Yet H.R. 45's provisions, like the negative of a 
photograph, are simply the opposite to the Academy's 
conclusions. H.R. 45 directs the NRC to assume that ``the 
inclusion of engineered barriers and the Secretary's post-
closure actions'' will ``prevent any human activity at the site 
that poses an unreasonable risk of breaching the repository's 
engineered geologic barriers'' and will ``prevent any increase 
in the exposure of individual members of the public to 
radiation beyond allowable limits.'' H.R. 45 requires the NRC 
to assume what we know to be false. Since we aren't sure how to 
solve the human intrusion problem, we will simply pretend it 
does not exist.
    ``Peter Pan'' radiation assumption: In fact, the language 
of this section of H.R. 45 apparently requires the NRC to 
assume that the already weak standards in the bill will be met, 
regardless of the results of all the scientific work being 
done. The bill tells the NRC to assume that ``engineered 
barriers and the Secretary's post-closure actions* * * shall be 
sufficient to * * * prevent any increase in the exposure of 
individual members of the public to radiation beyond allowable 
limits.'' Since showing that the repository will meet radiation 
standards could be difficult, we will simply refuse to leave 
Never Never Land, pretending that the repository will never 
grow old and that the standards will forever be met.
    Spending and Funding: Although DOE's Viability Assessment 
concluded that the nuclear waste management program will have 
enough funds under current law, the program faces two serious 
budget issues: (1) the nuclear utility lawsuits could empty the 
Nuclear Waste Fund and early nuclear plant closures could 
reduce receipts and (2) Congressional appropriators take money 
from the program, using the Nuclear Waste Fund fee receipts for 
other purposes. Unfortunately, H.R. 45 will create more 
budgetary problems than it will solve.
     ``Running on Empty'' spending: The current 
language of H.R. 45 does encourage utilities to give up part of 
their lawsuits. The cost, however, is high. Adding a 
centralized storage facility in Nevada would cost an estimated 
$1.5 billion above costs of the current program and would move 
up expenditures of $2-3 billion for transportation of the 
waste. Paying for at-reactor storage could cost as much as $2-3 
billion (the estimated cost without a centralized storage 
facility). In addition, utility lawsuits would continue for 
those utilities that prefer litigation to the storage options 
and for damages during the years before contracts with DOE are 
amended. Even apart from the lawsuits, the centralized storage 
and the necessary transportation would empty the Nuclear Waste 
Fund, leaving nothing for the permanent repository.
     ``Take the Money and Run'' off-budget provision: 
Without enough money to pay for their projects, the sponsors of 
H.R. 45 this year came up with a rather audacious proposal: 
they would take the Nuclear Waste Fund entirely off budget. The 
$8 billion balance in the Fund, which has already been spent 
elsewhere, would immediately disappear, and roughly $600 
million a year that is currently being received by the Fund 
would never be seen. Essentially, taking the Fund off-budget 
says that disposal of the nuclear utilities' waste is so 
important that it must trump all other government priorities. 
With no spending cuts to offset the spending, the $8 billion 
would be taken from the budget surplus, taking a large bite out 
of money needed for Medicare and Social Security. This would be 
a dangerous precedent. Currently only Social Security and the 
U.S. Postal Service are entirely off-budget, but if the Nuclear 
Waste Fund is taken off, the Aviation Trust Fund, the Land and 
Water Conservation Trust Fund, and the Highway Trust Fund are 
likely to follow.
    In short, H.R. 45 is rife with the same short-sighted 
thinking and special interest provisions that helped create the 
current nuclear waste dilemma in the first place. This bill 
fails to provide the minimal level of protection needed to 
assure the integrity of the site selection process and protect 
public health, safety, and the environment. While 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. We must 
give it our thumbs down.

                                   Edward J. Markey.
                                   Henry A. Waxman.
                                   Anna Eshoo.