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115th Congress     }                                {     Rept. 115-355
                        HOUSE OF REPRESENTATIVES
 1st Session       }                                {           Part 1
======================================================================



 
              NUCLEAR WASTE POLICY AMENDMENTS ACT OF 2017

                                _______
                                

October 19, 2017.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Walden, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                             together with

                    ADDITIONAL AND DISSENTING VIEWS

                        [To accompany H.R. 3053]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 3053) to amend the Nuclear Waste Policy Act of 
1982, and for other purposes, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................    15
Background and Need for Legislation..............................    16
Committee Action.................................................    40
Committee Votes..................................................    41
Oversight Findings and Recommendations...........................    44
New Budget Authority, Entitlement Authority, and Tax Expenditures    44
Congressional Budget Office Estimate.............................    44
Federal Mandates Statement.......................................    58
Statement of General Performance Goals and Objectives............    58
Duplication of Federal Programs..................................    59
Committee Cost Estimate..........................................    59
Earmark, Limited Tax Benefits, and Limited Tariff Benefits.......    59
Disclosure of Directed Rule Makings..............................    59
Advisory Committee Statement.....................................    59
Applicability to Legislative Branch..............................    59
Section-by-Section Analysis of the Legislation...................    59
Changes in Existing Law Made by the Bill, as Reported............    66
Additional and Dissenting Views..................................   111
Exchange of Letters with Additional Committees of Referral.......   114

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Nuclear Waste Policy 
Amendments Act of 2017''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                 TITLE I--MONITORED RETRIEVABLE STORAGE

Sec. 101. Monitored retrievable storage.
Sec. 102. Authorization and priority.
Sec. 103. Conditions for MRS agreements.
Sec. 104. Survey.
Sec. 105. Site selection.
Sec. 106. Benefits agreement.
Sec. 107. Licensing.
Sec. 108. Financial assistance.

                     TITLE II--PERMANENT REPOSITORY

Sec. 201. Land withdrawal, jurisdiction, and reservation.
Sec. 202. Application procedures and infrastructure activities.
Sec. 203. Pending repository license application.
Sec. 204. Limitation on planning, development, or construction of 
defense waste repository.
Sec. 205. Sense of Congress regarding transportation routes.

                  TITLE III--DOE CONTRACT PERFORMANCE

Sec. 301. Title to material.

                  TITLE IV--BENEFITS TO HOST COMMUNITY

Sec. 401. Consent.
Sec. 402. Content of agreements.
Sec. 403. Covered units of local government.
Sec. 404. Termination.
Sec. 405. Priority funding for certain institutions of higher 
education.
Sec. 406. Disposal of spent nuclear fuel.
Sec. 407. Updated report.

                            TITLE V--FUNDING

Sec. 501. Assessment and collection of fees.
Sec. 502. Use of Waste Fund.
Sec. 503. Annual multiyear budget proposal.
Sec. 504. Availability of certain amounts.

                        TITLE VI--MISCELLANEOUS

Sec. 601. Certain standards and criteria.
Sec. 602. Application.
Sec. 603. Transportation safety assistance.
Sec. 604. Office of Civilian Radioactive Waste Management.
Sec. 605. West Lake Landfill.
Sec. 606. Subseabed or ocean water disposal.
Sec. 607. Sense of Congress regarding storage of nuclear waste near the 
Great Lakes.

                 TITLE I--MONITORED RETRIEVABLE STORAGE

SEC. 101. MONITORED RETRIEVABLE STORAGE.

  (a) Proposal.--Section 141(b) of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10161(b)) is amended--
          (1) in paragraph (1)--
                  (A) by striking ``1985'' and inserting ``2019''; and
                  (B) by striking ``the construction of'';
          (2) in paragraph (2)--
                  (A) by amending subparagraph (C) to read as follows:
          ``(C) designs, specifications, and cost estimates sufficient 
        to--
                  ``(i) solicit bids for the construction of one or 
                more such facilities; and
                  ``(ii) enable completion and operation of such a 
                facility as soon as practicable;'';
                  (B) in subparagraph (D), by striking ``this Act.'' 
                and inserting ``this Act; and''; and
                  (C) by adding at the end the following:
          ``(E) options to enter into MRS agreements with respect to 
        one or more monitored retrievable storage facilities.''; and
          (3) by amending paragraph (4) to read as follows:
  ``(4) The Secretary shall, not later than 90 days after the date of 
enactment of the Nuclear Waste Policy Amendments Act of 2017, publish a 
request for information to help the Secretary evaluate options for the 
Secretary to enter into MRS agreements with respect to one or more 
monitored retrievable storage facilities.''.
  (b) Additional Amendments.--
          (1) In general.--Section 141 of the Nuclear Waste Policy Act 
        of 1982 (42 U.S.C. 10161) is further amended--
                  (A) in subsection (c)(2)--
                          (i) by striking ``If the Congress'' and all 
                        that follows through ``monitored retrievable 
                        storage facility, the'' and inserting ``The''; 
                        and
                          (ii) by striking ``construction of such 
                        facility'' and inserting ``construction of a 
                        monitored retrievable storage facility''; and
                  (B) by striking subsections (d) through (h).
          (2) Definitions.--Section 2 of the Nuclear Waste Policy Act 
        of 1982 (42 U.S.C. 10101) is amended--
                  (A) in paragraph (34), by striking ``the storage 
                facility'' and inserting ``a storage facility''; and
                  (B) by adding at the end the following:
          ``(35) The term `MRS agreement' means a cooperative 
        agreement, contract, or other mechanism that the Secretary 
        considers appropriate to support the storage of Department-
        owned civilian waste in one or more monitored retrievable 
        storage facilities as authorized under section 142(b)(2).
          ``(36) The term `Department-owned civilian waste' means high-
        level radioactive waste, or spent nuclear fuel, resulting from 
        civilian nuclear activities, to which the Department holds 
        title.''.
          (3) Technical amendments.--Section 146 of the Nuclear Waste 
        Policy Act of 1982 (42 U.S.C. 10166) is amended--
                  (A) in subsection (a), by striking ``such 
                subsection'' and inserting ``subsection (f) of such 
                section''; and
                  (B) in subsection (b), by striking ``this 
                subsection'' and inserting ``this section''.

SEC. 102. AUTHORIZATION AND PRIORITY.

  Section 142 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10162) 
is amended by striking subsection (b) and inserting the following:
  ``(b) Authorization.--Subject to the requirements of this subtitle, 
the Secretary is authorized to--
          ``(1) site, construct, and operate one or more monitored 
        retrievable storage facilities; and
          ``(2) store, pursuant to an MRS agreement, Department-owned 
        civilian waste at a monitored retrievable storage facility for 
        which a non-Federal entity holds a license described in section 
        143(1).
  ``(c) Priority.--
          ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary shall prioritize storage of Department-owned civilian 
        waste at a monitored retrievable storage facility authorized 
        under subsection (b)(2).
          ``(2) Exception.--
                  ``(A) Determination.--Paragraph (1) shall not apply 
                if the Secretary determines that it will be faster and 
                less expensive to site, construct, and operate a 
                facility authorized under subsection (b)(1), in 
                comparison to a facility authorized under subsection 
                (b)(2).
                  ``(B) Notification.--Not later than 30 days after the 
                Secretary makes a determination described in 
                subparagraph (A), the Secretary shall submit to 
                Congress written notification of such determination.''.

SEC. 103. CONDITIONS FOR MRS AGREEMENTS.

  (a) Amendment.--Section 143 of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10163) is amended to read as follows:

``SEC. 143. CONDITIONS FOR MRS AGREEMENTS.

  ``(a) In General.--The Secretary may not enter into an MRS agreement 
under section 142(b)(2) unless--
          ``(1) the monitored retrievable storage facility with respect 
        to which the MRS agreement applies has been licensed by the 
        Commission under the Atomic Energy Act of 1954 (42 U.S.C. 2011 
        et seq.);
          ``(2) the non-Federal entity that is a party to the MRS 
        agreement has approval to store Department-owned civilian waste 
        at such facility from each of--
                  ``(A) the Governor of the State in which the facility 
                is located;
                  ``(B) any unit of general local government with 
                jurisdiction over the area in which the facility is 
                located; and
                  ``(C) any affected Indian tribe;
          ``(3) except as provided in subsection (b), the Commission 
        has issued a final repository decision; and
          ``(4) the MRS agreement provides that the quantity of high-
        level radioactive waste and spent nuclear fuel at the site of 
        the facility at any one time will not exceed the limits 
        described in section 148(d)(3) and (4).
  ``(b) Initial Agreement.--
          ``(1) Authorization.--The Secretary may enter into one MRS 
        agreement under section 142(b)(2) before the Commission has 
        issued a final repository decision.
          ``(2) Funding.--There are authorized to be appropriated to 
        carry out this subsection--
                  ``(A) for each of fiscal years 2020 through 2022, the 
                greater of--
                          ``(i) $50,000,000; or
                          ``(ii) the amount that is equal to 10 percent 
                        of the amounts appropriated from the Waste Fund 
                        in that fiscal year; and
                  ``(B) for each of fiscal years 2023 through 2025, the 
                amount that is equal to 10 percent of the amounts 
                appropriated from the Waste Fund in that fiscal year.
          ``(3) Priority.--
                  ``(A) In general.--An MRS agreement entered into 
                pursuant to paragraph (1) shall, to the extent 
                allowable under this Act (including under the terms of 
                the standard contract established in section 691.11 of 
                title 10, Code of Federal Regulations), provide for 
                prioritization of the storage of Department-owned 
                civilian waste that originated from facilities that 
                have ceased commercial operation.
                  ``(B) No effect on standard contract.--Nothing in 
                subparagraph (A) shall be construed to amend or 
                otherwise alter the standard contract established in 
                section 691.11 of title 10, Code of Federal 
                Regulations.
          ``(4) Conditions.--
                  ``(A) No storage.--Except as provided in subparagraph 
                (B), the Secretary may not store any Department-owned 
                civilian waste at the initial MRS facility until the 
                Commission has issued a final repository decision.
                  ``(B) Exception.--
                          ``(i) Finding.--The Secretary, in 
                        consultation with the Chairman of the 
                        Commission, may make a finding that a final 
                        repository decision is imminent, which finding 
                        shall be updated not less often than quarterly 
                        until the date on which the Commission issues a 
                        final repository decision.
                          ``(ii) Storage.--If the Secretary makes a 
                        finding under clause (i), the Secretary may 
                        store Department-owned civilian waste at the 
                        initial MRS facility in accordance with this 
                        section.
                          ``(iii) Notice.--Not later than seven days 
                        after the Secretary makes or updates a finding 
                        under clause (i), the Secretary shall submit to 
                        Congress written notification of such finding.
                          ``(iv) Reporting.--In addition to the 
                        requirements of section 114(c), if the 
                        Secretary makes a finding under clause (i), the 
                        Secretary shall submit to Congress the report 
                        described in such section 114(c) not later than 
                        1 month after the Secretary makes such finding 
                        and monthly thereafter until the date on which 
                        the Commission issues a final repository 
                        decision.
                  ``(C) No effect on federal disposal policy.--Nothing 
                in this subsection affects the Federal responsibility 
                for the disposal of high-level radioactive waste and 
                spent nuclear fuel, or the definite Federal policy with 
                regard to the disposal of such waste and spent fuel, 
                established under subtitle A, as described in section 
                111(b).
  ``(c) Definitions.--For purposes of this section:
          ``(1) Final repository decision.--The term `final repository 
        decision' means a final decision approving or disapproving the 
        issuance of a construction authorization for a repository under 
        section 114(d)(1).
          ``(2) Initial mrs facility.--The term `initial MRS facility' 
        means the monitored retrievable storage facility with respect 
        to which an MRS agreement is entered into pursuant to 
        subsection (b)(1).''.
  (b) Conforming Amendment.--The item relating to section 143 in the 
table of contents for the Nuclear Waste Policy Act of 1982 is amended 
to read as follows:

``Sec. 143. Conditions for MRS agreements.''.

SEC. 104. SURVEY.

  Section 144 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10164) 
is amended--
          (1) by striking ``After the MRS Commission submits its report 
        to the Congress under section 143, the'' and inserting ``(a) In 
        General.--The'';
          (2) in the matter preceding paragraph (1), by striking ``for 
        a monitored retrievable storage facility'' and inserting ``for 
        any monitored retrievable storage facility authorized under 
        section 142'';
          (3) in paragraph (6), by striking ``; and'' and inserting a 
        semicolon;
          (4) in paragraph (7), by striking the period at the end and 
        inserting ``; and''; and
          (5) by adding after paragraph (7) the following:
          ``(8) be acceptable to State authorities, affected units of 
        local government, and affected Indian tribes.
  ``(b) Request for Proposals.--The Secretary shall issue a request for 
proposals for an MRS agreement authorized under section 142(b)(2) 
before conducting a survey and evaluation under subsection (a), and 
shall consider any proposals received in response to such request in 
making the evaluation.''.

SEC. 105. SITE SELECTION.

  Section 145 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10165) 
is amended--
          (1) in subsection (a)--
                  (A) by striking ``select the site evaluated'' and 
                inserting ``select a site evaluated'';
                  (B) by striking ``the most''; and
                  (C) by inserting ``authorized under section 
                142(b)(1)'' after ``monitored retrievable storage 
                facility''; and
          (2) by striking subsection (g).

SEC. 106. BENEFITS AGREEMENT.

  Section 147 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10167) 
is amended--
          (1) by inserting ``the Secretary intends to construct and 
        operate under section 142(b)(1)'' after ``storage facility''; 
        and
          (2) by inserting ``or once a non-Federal entity enters into 
        an MRS agreement under section 142(b)(2),'' after ``section 
        145,''.

SEC. 107. LICENSING.

  (a) Review of License Application.--Section 148(c) of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10168(c)) is amended by striking 
``section 142(b)'' and inserting ``section 142(b)(1)''.
  (b) Licensing Conditions.--Section 148(d) of the Nuclear Waste Policy 
Act of 1982 (42 U.S.C. 10168(d)) is amended--
          (1) in paragraph (1), by striking ``has issued a license for 
        the construction of a repository under section 115(d)'' and 
        inserting ``has issued a final decision approving or 
        disapproving the issuance of a construction authorization for a 
        repository under section 114(d)(1)''; and
          (2) in paragraph (2), by striking ``or construction of the 
        repository ceases''.

SEC. 108. FINANCIAL ASSISTANCE.

  Section 149 of the Nuclear Waste Policy Act of 1982 is amended by 
inserting ``authorized under section 142(b)(1)'' after ``a monitored 
retrievable storage facility''.

                     TITLE II--PERMANENT REPOSITORY

SEC. 201. LAND WITHDRAWAL, JURISDICTION, AND RESERVATION.

  (a) Land Withdrawal, Jurisdiction, and Reservation.--
          (1) Land withdrawal.--Subject to valid existing rights and 
        except as provided otherwise in this section, the lands 
        described in subsection (c) are withdrawn permanently from all 
        forms of entry, appropriation, and disposal under the public 
        land laws, including the mineral leasing laws, the geothermal 
        leasing laws, and the mining laws.
          (2) Jurisdiction.--Except as otherwise provided in this 
        section, jurisdiction over the withdrawal is vested in the 
        Secretary. There are transferred to the Secretary the lands 
        within the withdrawal under the jurisdiction of the Secretary 
        concerned on the effective date described in subsection (j)(1).
          (3) Reservation.--The withdrawal is reserved for use by the 
        Secretary for development, preconstruction testing and 
        performance confirmation, licensing, construction, management 
        and operation, monitoring, closure, postclosure, and other 
        activities associated with the disposal of high-level 
        radioactive waste and spent nuclear fuel under the Nuclear 
        Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.).
  (b) Revocation and Modification of Public Land Orders and Rights-of-
Way.--
          (1) Public land order revocation.--Public Land Order 6802 of 
        September 25, 1990, as extended by Public Land Order 7534, and 
        any conditions or memoranda of understanding accompanying those 
        land orders, are revoked.
          (2) Right-of-way reservations.--Project right-of-way 
        reservations N-48602 and N-47748 of January 2001, are revoked.
  (c) Land Description.--
          (1) Boundaries.--The lands and interests in lands withdrawn 
        and reserved by this section comprise the approximately 147,000 
        acres of land in Nye County, Nevada, as generally depicted on 
        the Yucca Mountain Project Map, YMP-03-024.2, entitled 
        ``Proposed Land Withdrawal'' and dated July 21, 2005.
          (2) Legal description and map.--Not later than 120 days after 
        the date of enactment of this Act, the Secretary of the 
        Interior shall--
                  (A) publish in the Federal Register a notice 
                containing a legal description of the withdrawal; and
                  (B) file copies of the maps described in paragraph 
                (1) and the legal description of the withdrawal with 
                the Congress, the Governor of the State of Nevada, and 
                the Archivist of the United States.
          (3) Technical corrections.--The maps and legal description 
        referred to in this subsection have the same force and effect 
        as if they were included in this section. The Secretary of the 
        Interior may correct clerical and typographical errors in the 
        maps and legal description.
  (d) Relationship to Other Reservations.--The provisions of subtitle A 
of title XXX of the Military Lands Withdrawal Act of 1999 (sections 
3011-3023 of Public Law 106-65) and of Public Land Order 2568 do not 
apply to the lands withdrawn and reserved for use by the Secretary 
under subsection (a). This Act does not apply to any other lands 
withdrawn for use by the Department of Defense under subtitle A of 
title XXX of the Military Lands Withdrawal Act of 1999.
  (e) Management Responsibilities.--
          (1) General authority.--The Secretary shall manage the lands 
        withdrawn by subsection (a) consistent with the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), 
        this section, and other applicable law. The Secretary shall 
        consult with the Secretary concerned in discharging that 
        responsibility.
          (2) Management plan.--
                  (A) Development.--The Secretary, after consulting 
                with the Secretary concerned, shall develop a 
                management plan for the use of the withdrawal. Within 3 
                years after the date of enactment of this Act, the 
                Secretary shall submit the management plan to the 
                Congress and the State of Nevada.
                  (B) Priority of yucca mountain project-related 
                issues.--Subject to subparagraphs (C) and (D), any use 
                of the withdrawal for activities not associated with 
                the Project is subject to conditions and restrictions 
                that the Secretary considers necessary or desirable to 
                permit the conduct of Project-related activities.
                  (C) Department of the air force uses.--The management 
                plan may provide for the continued use by the 
                Department of the Air Force of the portion of the 
                withdrawal within the Nellis Air Force Base Test and 
                Training Range under terms and conditions on which the 
                Secretary and the Secretary of the Air Force agree 
                concerning Air Force activities.
                  (D) Other non-yucca-mountain-project uses.--The 
                management plan shall provide for the maintenance of 
                wildlife habitat and shall provide that the Secretary 
                may permit non-Project-related uses that the Secretary 
                considers appropriate, including domestic livestock 
                grazing and hunting and trapping in accordance with the 
                following requirements:
                          (i) Grazing.--The Secretary may permit 
                        grazing to continue where established before 
                        the effective date described in subsection 
                        (j)(1), subject to regulations, policies, and 
                        practices that the Secretary, after consulting 
                        with the Secretary of the Interior, determines 
                        to be necessary or appropriate. The management 
                        of grazing shall be conducted in accordance 
                        with applicable grazing laws and policies, 
                        including--
                                  (I) the Act commonly known as the 
                                ``Taylor Grazing Act'' (43 U.S.C. 315 
                                et seq.);
                                  (II) title IV of the Federal Land 
                                Policy and Management Act of 1976 (43 
                                U.S.C. 1751 et seq.); and
                                  (III) the Public Rangelands 
                                Improvement Act of 1978 (43 U.S.C. 1901 
                                et seq.).
                          (ii) Hunting and trapping.--The Secretary may 
                        permit hunting and trapping within the 
                        withdrawal where established before the 
                        effective date described in subsection (k)(1), 
                        except that the Secretary, after consulting 
                        with the Secretary of the Interior and the 
                        State of Nevada, may designate zones where, and 
                        establish periods when, no hunting or trapping 
                        is permitted for reasons of public safety, 
                        national security, administration, or public 
                        use and enjoyment.
                  (E) Mining.--
                          (i) In general.--Except as provided in clause 
                        (ii), surface or subsurface mining or oil or 
                        gas production, including slant drilling from 
                        outside the boundaries of the withdrawal, is 
                        not permitted at any time on lands on or under 
                        the withdrawal. The Secretary of the Interior 
                        shall evaluate and adjudicate the validity of 
                        all unpatented mining claims on the portion of 
                        the withdrawal that, on the date of enactment 
                        of this Act, was under the control of the 
                        Bureau of Land Management. The Secretary shall 
                        provide just compensation for the acquisition 
                        of any valid property right.
                          (ii) Cind-R-Lite mine.--Patented Mining Claim 
                        No. 27-83-0002, covering the Cind-R-Lite Mine, 
                        shall not be affected by establishment of the 
                        withdrawal set forth in subsection (a)(1). In 
                        that event, the Secretary shall provide just 
                        compensation.
                  (F) Limited public access.--The management plan may 
                provide for limited public access to the portion of the 
                withdrawal under Bureau of Land Management control on 
                the effective date described in subsection (j)(1). 
                Permitted uses may include continuation of the Nye 
                County Early Warning Drilling Program, utility 
                corridors, and other uses the Secretary, after 
                consulting with the Secretary of the Interior, 
                considers consistent with the purposes of the 
                withdrawal.
          (3) Closure.--If the Secretary, after consulting with the 
        Secretary concerned, determines that the health and safety of 
        the public or the common defense and security require the 
        closure of a road, trail, or other portion of the withdrawal, 
        or the airspace above the withdrawal, the Secretary may effect 
        and maintain the closure and shall provide notice of the 
        closure.
          (4) Implementation.--The Secretary and the Secretary 
        concerned shall implement the management plan developed under 
        paragraph (2) under terms and conditions on which they agree.
  (f) Immunity.--The United States and its departments and agencies 
shall be held harmless and shall not be liable for damages to persons 
or property suffered in the course of any mining, mineral leasing, or 
geothermal leasing activity conducted on the withdrawal.
  (g) Land Acquisition.--The Secretary may acquire lands and interests 
in lands within the withdrawal. Those lands and interests in lands may 
be acquired by donation, purchase, lease, exchange, easement, rights-
of-way, or other appropriate methods using donated or appropriated 
funds. The Secretary of the Interior shall conduct any exchange of 
lands within the withdrawal for Federal lands outside the withdrawal.
  (h) Material Requirements.--Notwithstanding any other provision of 
law, no Federal, State, Interstate, or local requirement, either 
substantive or procedural, that is referred to in section 6001(a) of 
the Solid Waste Disposal Act (42 U.S.C. 6961(a)) applies with respect 
to any material--
          (1) as such material is transported to a repository for 
        disposal at such repository; or
          (2) as, or after, such material is disposed of in a 
        repository.
  (i) Definitions.--
          (1) Nuclear waste policy act of 1982 definitions.--For 
        purposes of this section, the terms ``disposal'', ``high-level 
        radioactive waste'', ``repository'', ``Secretary'', and ``spent 
        nuclear fuel'' have the meaning given those terms in section 2 
        of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
          (2) Other definitions.--For purposes of this section--
                  (A) the term ``withdrawal'' means the geographic area 
                consisting of the land described in subsection (c);
                  (B) the term ``Secretary concerned'' means the 
                Secretary of the Air Force or the Secretary of the 
                Interior, or both, as appropriate; and
                  (C) the term ``Project'' means the Yucca Mountain 
                Project.
  (j) Effective Date.--
          (1) In general.--Except as provided in paragraph (2), this 
        section shall take effect on the date on which the Nuclear 
        Regulatory Commission issues a final decision approving the 
        issuance of a construction authorization for a repository under 
        section 114(d)(1) of the Nuclear Waste Policy Act of 1982 (42 
        U.S.C. 10134(d)) (as so designated by this Act).
          (2) Exceptions.--Subsections (c), (e)(2)(A), (h), (i), and 
        (j) shall take effect on the date of enactment of this Act.

SEC. 202. APPLICATION PROCEDURES AND INFRASTRUCTURE ACTIVITIES.

  (a) Status Report on Application.--Section 114(c) of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10134(c)) is amended by striking 
``the date on which such authorization is granted'' and inserting ``the 
date on which the Commission issues a final decision approving or 
disapproving such application''.
  (b) Application Procedures and Infrastructure Activities.--Section 
114(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(d)) is 
amended--
          (1) by striking ``The Commission shall consider'' and 
        inserting the following:
          ``(1) Applications for construction authorization.--The 
        Commission shall consider'';
          (2) by striking ``the expiration of 3 years after the date of 
        the submission of such application'' and inserting ``30 months 
        after the date of enactment of the Nuclear Waste Policy 
        Amendments Act of 2017'';
          (3) by striking ``70,000 metric tons'' each place it appears 
        and inserting ``110,000 metric tons''; and
          (4) by adding at the end the following new paragraphs:
          ``(2) Applications to amend.--If the Commission issues a 
        construction authorization for a repository pursuant to 
        paragraph (1) and the Secretary submits an application to amend 
        such authorization, the Commission shall consider the 
        application to amend using expedited, informal procedures, 
        including discovery procedures that minimize the burden on the 
        parties to produce documents. The Commission shall issue a 
        final decision on such application to amend within 1 year after 
        the date of submission of such application, except that the 
        Commission may extend such deadline by not more than 6 months 
        if, not less than 30 days before such deadline, the Commission 
        complies with the reporting requirements established in 
        subsection (e)(2).
          ``(3) Infrastructure activities.--
                  ``(A) In general.--At any time before or after the 
                Commission issues a final decision approving or 
                disapproving the issuance of a construction 
                authorization for a repository pursuant to paragraph 
                (1), the Secretary may undertake infrastructure 
                activities that the Secretary considers necessary or 
                appropriate to support construction or operation of a 
                repository at the Yucca Mountain site or transportation 
                to such site of spent nuclear fuel and high-level 
                radioactive waste. Infrastructure activities include 
                safety upgrades, site preparation, the construction of 
                a rail line to connect the Yucca Mountain site with the 
                national rail network (including any facilities to 
                facilitate rail operations), and construction, upgrade, 
                acquisition, or operation of electrical grids or 
                facilities, other utilities, communication facilities, 
                access roads, and nonnuclear support facilities.
                  ``(B) Environmental analysis.--If the Secretary 
                determines that an environmental analysis is required 
                under the National Environmental Policy Act of 1969 
                with respect to an infrastructure activity undertaken 
                under this paragraph, the Secretary need not consider 
                alternative actions or a no-action alternative. To the 
                extent any other Federal agency must consider the 
                potential environmental impact of such an 
                infrastructure activity, the agency shall adopt, to the 
                extent practicable, any environmental analysis prepared 
                by the Secretary under this subparagraph without 
                further action. Such adoption satisfies the 
                responsibilities of the adopting agency under the 
                National Environmental Policy Act of 1969, and no 
                further action is required by the agency.
                  ``(C) No grounds for disapproval.--The Commission may 
                not disapprove, on the grounds that the Secretary 
                undertook an infrastructure activity under this 
                paragraph--
                          ``(i) the issuance of a construction 
                        authorization for a repository pursuant to 
                        paragraph (1);
                          ``(ii) a license to receive and possess spent 
                        nuclear fuel and high-level radioactive waste; 
                        or
                          ``(iii) any other action concerning the 
                        repository.''.
  (c) Connected Actions.--Section 114(f)(6) of the Nuclear Waste Policy 
Act of 1982 (42 U.S.C. 10134(f)(6)) is amended by striking ``or 
nongeologic alternatives to such site'' and inserting ``nongeologic 
alternatives to such site, or an action connected or otherwise related 
to the repository to the extent the action is undertaken outside the 
geologic repository operations area and does not require a license from 
the Commission''.

SEC. 203. PENDING REPOSITORY LICENSE APPLICATION.

  Nothing in this Act or the amendments made by this Act shall be 
construed to require the Secretary to amend or otherwise modify an 
application for a construction authorization described in section 
114(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(d)) 
pending as of the date of enactment of this Act.

SEC. 204. LIMITATION ON PLANNING, DEVELOPMENT, OR CONSTRUCTION OF 
                    DEFENSE WASTE REPOSITORY.

  (a) Limitation.--The Secretary of Energy may not take any action 
relating to the planning, development, or construction of a defense 
waste repository until the date on which the Nuclear Regulatory 
Commission issues a final decision approving or disapproving the 
issuance of a construction authorization for a repository under section 
114(d)(1) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(d)) 
(as so designated by this Act).
  (b) Definitions.--In this section--
          (1) the terms ``atomic energy defense activity'', ``high-
        level radioactive waste'', ``repository'', and ``spent nuclear 
        fuel'' have the meanings given those terms in section 2 of the 
        Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101); and
          (2) the term ``defense waste repository'' means the 
        repository for high-level radioactive waste and spent nuclear 
        fuel derived from the atomic energy defense activities of the 
        Department of Energy, as described in the draft plan of the 
        Department titled ``Draft Plan for a Defense Waste Repository'' 
        published on December 16, 2016.

SEC. 205. SENSE OF CONGRESS REGARDING TRANSPORTATION ROUTES.

   It is the sense of Congress that the Secretary of Energy should 
consider routes for the transportation of spent nuclear fuel or high-
level radioactive waste transported by or for the Secretary under 
subtitle A of title I of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10131 et seq.) to the Yucca Mountain site that, to the extent 
practicable, avoid Las Vegas, Nevada.

                  TITLE III--DOE CONTRACT PERFORMANCE

SEC. 301. TITLE TO MATERIAL.

  Section 123 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10143) 
is amended--
          (1) by striking ``Delivery'' and inserting ``(a) In 
        General.--Delivery'';
          (2) by striking ``repository constructed under this 
        subtitle'' and inserting ``repository or monitored retrievable 
        storage facility''; and
          (3) by adding at the end the following new subsection:
  ``(b) Contract Modification.--The Secretary may enter into new 
contracts or negotiate modifications to existing contracts, with any 
person who generates or holds title to high-level radioactive waste or 
spent nuclear fuel of domestic origin, for acceptance of title, 
subsequent transportation, and storage of such high-level radioactive 
waste or spent nuclear fuel (including to expedite such acceptance of 
title, transportation, and storage of such waste or fuel from 
facilities that have ceased commercial operation) at a monitored 
retrievable storage facility authorized under subtitle C.''.

                  TITLE IV--BENEFITS TO HOST COMMUNITY

SEC. 401. CONSENT.

  Section 170 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10173) 
is amended--
          (1) in subsection (c), by striking ``shall offer'' and 
        inserting ``may offer'';
          (2) in subsection (d), by striking ``shall'' and inserting 
        ``may'';
          (3) in subsection (e)--
                  (A) by inserting a comma after ``repository''; and
                  (B) by inserting ``per State,'' after ``facility''; 
                and
          (4) by adding at the end the following new subsection:
  ``(g) Consent.--The acceptance or use of any of the benefits provided 
under a benefits agreement under this section by the State of Nevada 
shall not be considered to be an expression of consent, express or 
implied, to the siting of a repository in such State.''.

SEC. 402. CONTENT OF AGREEMENTS.

  (a) Benefits Schedule.--The table in section 171(a)(1) of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10173a(a)(1)) is amended to read as 
follows:

                                               ``BENEFITS SCHEDULE
----------------------------------------------------------------------------------------------------------------
                             Event                                        MRS                   Repository
----------------------------------------------------------------------------------------------------------------
(A) Annual payments prior to first spent fuel receipt.........               $5,000,000              $15,000,000
----------------------------------------------------------------------------------------------------------------
(B) Upon first spent fuel receipt.............................              $10,000,000     The amount described
                                                                                         in section 302(f)(1)(B)
----------------------------------------------------------------------------------------------------------------
(C) Annual payments after first spent fuel receipt until                    $10,000,000    The amounts described
 closure of the facility......................................                                        in section
                                                                                                 302(f)(1)(C)''.
----------------------------------------------------------------------------------------------------------------


  (b) Restrictions on Use.--Section 171(a) of the Nuclear Waste Policy 
Act of 1982 (42 U.S.C. 10173a(a)) is amended--
          (1) in paragraph (6), by striking ``paragraph (7)'' and 
        inserting ``paragraphs (7) and (8)''; and
          (2) by adding at the end the following new paragraph:
  ``(8) None of the payments under this section may be used--
          ``(A) 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;
          ``(B) for litigation purposes; or
          ``(C) to support multistate efforts or other coalition-
        building activities inconsistent with the siting, construction, 
        or operation of the monitored retrievable storage facility or 
        repository concerned.''.
  (c) Contents.--Section 171(b) of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10173a(b)) is amended--
          (1) by striking paragraph (2);
          (2) by redesignating paragraphs (3) through (5) as paragraphs 
        (2) through (4), respectively; and
          (3) in paragraph (3) (as redesignated by paragraph (2) of 
        this subsection), by striking ``in the design of the repository 
        or monitored retrievable storage facility and''.
  (d) Payments From the Waste Fund.--Section 171(c) of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10173a(c)) is amended by striking 
the first sentence and inserting the following: ``The Secretary shall 
make payments to the State of Nevada under a benefits agreement 
concerning a repository under section 170 from the Waste Fund.''.

SEC. 403. COVERED UNITS OF LOCAL GOVERNMENT.

  (a) In General.--The Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10101 et seq.) is amended by inserting after section 172 the following 
new section:

``SEC. 172A. COVERED UNITS OF LOCAL GOVERNMENT.

  ``(a) Benefits Agreement.--Not earlier than 1 year after the date of 
enactment of this section, the Secretary may enter into a benefits 
agreement with any covered unit of local government concerning a 
repository for the acceptance of high-level radioactive waste or spent 
nuclear fuel in the State of Nevada.
  ``(b) Content of Agreements.--In addition to any benefits to which a 
covered unit of local government is entitled under this Act, the 
Secretary shall make payments to such covered unit of local government 
that is a party to a benefits agreement under subsection (a) to 
mitigate impacts described in section 175(b).
  ``(c) Payments From Waste Fund.--The Secretary shall make payments to 
a covered unit of local government under a benefits agreement under 
this section from the Waste Fund.
  ``(d) Restriction on Use.--None of the payments made pursuant to a 
benefits agreement under this section 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 siting, construction, 
        or operation of the repository.
  ``(e) Consent.--The acceptance or use of any of the benefits provided 
under a benefits agreement under this section by any covered unit of 
local government shall not be considered to be an expression of 
consent, express or implied, to the siting of a repository in the State 
of Nevada.
  ``(f) Covered Unit of Local Government Defined.--In this section, the 
term `covered unit of local government' means--
          ``(1) any affected unit of local government with respect to a 
        repository; and
          ``(2) any unit of general local government in the State of 
        Nevada.''.
  (b) Conforming Amendments.--
          (1) Benefits agreement.--Section 170(a)(4) of the Nuclear 
        Waste Policy Act of 1982 (42 U.S.C. 10173(a)(4)) is amended--
                  (A) by inserting ``made available pursuant to a 
                benefits agreement under this section'' after ``under 
                this subtitle''; and
                  (B) by striking ``with a benefits agreement under 
                this section'' and inserting ``with such benefits 
                agreement''.
          (2) Limitation.--Section 170(e) of the Nuclear Waste Policy 
        Act of 1982 (42 U.S.C. 10173(e)) is further amended by 
        inserting ``under this section'' after ``may be in effect''.
          (3) Table of contents.--The table of contents for the Nuclear 
        Waste Policy Act of 1982 (42 U.S.C. 10101 note) is amended by 
        adding after the item relating to section 172, the following:

``Sec. 172A. Covered units of local government.''.

SEC. 404. TERMINATION.

  Section 173 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10173c) is amended--
          (1) in subsection (a)--
                  (A) by striking ``under this title if'' and inserting 
                ``under this title'';
                  (B) in paragraph (1), by inserting ``concerning a 
                repository or a monitored retrievable storage facility, 
                if'' before ``the site under consideration''; and
                  (C) in paragraph (2), by striking ``the Secretary 
                determines that the Commission cannot license the 
                facility within a reasonable time'' and inserting 
                ``concerning a repository, if the Commission issues a 
                final decision disapproving the issuance of a 
                construction authorization for a repository under 
                section 114(d)(1)''; and
          (2) by amending subsection (b) to read as follows:
  ``(b) Termination by State or Indian Tribe.--A State, covered unit of 
local government (as defined in section 172A), or Indian tribe may only 
terminate a benefits agreement under this title--
          ``(1) concerning a repository or a monitored retrievable 
        storage facility, 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
          ``(2) concerning a repository, if the Commission issues a 
        final decision disapproving the issuance of a construction 
        authorization for a repository under section 114(d)(1).''.

SEC. 405. PRIORITY FUNDING FOR CERTAIN INSTITUTIONS OF HIGHER 
                    EDUCATION.

  (a) In General.--Subtitle G of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10174 et seq.) is amended by adding at the end the following 
new section:

``SEC. 176. PRIORITY FUNDING FOR CERTAIN INSTITUTIONS OF HIGHER 
                    EDUCATION.

  ``(a) In General.--In providing any funding to institutions of higher 
education from the Waste Fund, the Secretary shall prioritize 
institutions of higher education that are located in the State of 
Nevada.
  ``(b) Definition.--In this section, the term `institution of higher 
education' has the meaning given that term in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001).''.
  (b) Conforming Amendment.--The table of contents for the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10101 note) is amended by adding 
after the item relating to section 175, the following:

``Sec. 176. Priority funding for certain institutions of higher 
education.''.

SEC. 406. DISPOSAL OF SPENT NUCLEAR FUEL.

  Section 122 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10142) 
is amended by adding at the end the following: ``Any economic benefits 
derived from the retrieval of spent nuclear fuel pursuant to this 
section shall be shared with the State in which the repository is 
located, affected units of local government, and affected Indian 
tribes.''.

SEC. 407. UPDATED REPORT.

  Section 175(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10174a(a)) is amended by striking ``Nuclear Waste Policy Amendments Act 
of 1987'' and inserting ``Nuclear Waste Policy Amendments Act of 
2017''.

                            TITLE V--FUNDING

SEC. 501. ASSESSMENT AND COLLECTION OF FEES.

  (a) In General.--Section 302(a)(4) of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10222(a)(4)) is amended--
          (1) in the first sentence--
                  (A) by striking ``(4) Not later than'' and inserting 
                the following:
          ``(4) Assessment, collection, and payment of fees.--
                  ``(A) Assessment of fees.--Not later than'';
                  (B) by striking ``the date of enactment of this Act'' 
                and inserting ``the date of enactment of the Nuclear 
                Waste Policy Amendments Act of 2017''; and
                  (C) by striking ``collection and payment'' and 
                inserting ``assessment'';
          (2) in the second sentence, by striking ``collection of the 
        fee'' and inserting ``such amount'';
          (3) in the third sentence, by striking ``are being 
        collected'' and inserting ``will result from such amounts'';
          (4) in the fifth sentence, by striking ``a period of 90 days 
        of continuous session'' and all that follows through the period 
        at the end and inserting ``the date that is 180 days after the 
        date of such transmittal.''; and
          (5) by adding at the end the following:
                  ``(B) Collection and payment of fees.--
                          ``(i) In general.--Not later than 180 days 
                        after the date of enactment of Nuclear Waste 
                        Policy Amendments Act of 2017, the Secretary 
                        shall establish procedures for the collection 
                        and payment of the fees established by 
                        paragraph (2) and paragraph (3), or adjusted 
                        pursuant to subparagraph (A).
                          ``(ii) Limitation on collection.--The 
                        Secretary may not collect a fee established 
                        under paragraph (2), including a fee 
                        established under paragraph (2) and adjusted 
                        pursuant to subparagraph (A)--
                                  ``(I) until the date on which the 
                                Commission issues a final decision 
                                approving or disapproving the issuance 
                                of a construction authorization for a 
                                repository under section 114(d)(1); and
                                  ``(II) after such date, in an amount 
                                that will cause the total amount of 
                                fees collected under this subsection in 
                                any fiscal year to exceed 90 percent of 
                                the amounts appropriated for that 
                                fiscal year for purposes described in 
                                subsection (d).
                          ``(iii) Payment of full amounts.--
                        Notwithstanding the noncollection of a fee by 
                        the Secretary pursuant to clause (ii) in any 
                        fiscal year, a person who has entered into a 
                        contract with the Secretary under this 
                        subsection shall pay any uncollected amounts 
                        when determined necessary by the Secretary, 
                        subject to clause (ii), for purposes described 
                        in subsection (d).''.
  (b) Authority To Modify Contracts.--The Secretary of Energy may seek 
to modify a contract entered into under section 302(a) of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10222(a)) before the date of 
enactment of this Act to ensure that the contract complies with the 
provisions of such section, as amended by this Act.
  (c) Technical and Conforming Amendments.--Section 302(a) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) is amended--
          (1) in paragraph (1), by striking ``paragraphs (2) and (3)'' 
        and inserting ``paragraphs (2), (3), and (4)'';
          (2) in paragraph (3), by striking ``126(b)''; and
          (3) in paragraph (4), by striking ``insure'' and inserting 
        ``ensure''.

SEC. 502. USE OF WASTE FUND.

  (a) In General.--Section 302(d) of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10222(d)) is amended--
          (1) in paragraph (1), by striking ``maintenance and 
        monitoring'' and all that follows through the semicolon at the 
        end and inserting ``maintenance and monitoring of any 
        repository or test and evaluation facility constructed under 
        this Act;'';
          (2) in paragraph (4), by striking ``to be disposed of'' and 
        all that follows through the semicolon at the end and inserting 
        ``to be disposed of in a repository or to be used in a test and 
        evaluation facility;'';
          (3) in paragraph (5), by striking ``at a repository site'' 
        and all that follows through the end and inserting ``at a 
        repository site or a test and evaluation facility site and 
        necessary or incident to such repository or test and evaluation 
        facility;'';
          (4) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
          (5) by inserting after paragraph (6) the following:
          ``(7) payments under benefits agreements for a repository 
        entered into under section 170 or 172A.''.
  (b) Conforming Amendments.--Section 117(d) of the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10137(d)) is amended by inserting 
``designated with respect to a repository'' after ``such 
representatives''.

SEC. 503. ANNUAL MULTIYEAR BUDGET PROPOSAL.

  Section 302(e)(2) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10222(e)(2)) is amended by striking ``triennially'' and inserting 
``annually''.

SEC. 504. AVAILABILITY OF CERTAIN AMOUNTS.

  Section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222) 
is amended by adding at the end the following:
  ``(f) Availability of Certain Amounts.--
          ``(1) In general.--Notwithstanding any other provision of 
        this section, for the purposes described in subsection (d) that 
        are specified in subparagraphs (A) through (E) of this 
        paragraph, the following amounts from the Waste Fund shall be 
        available to the Secretary without further appropriation:
                  ``(A) An amount equal to 1 percent of 2017 Waste Fund 
                amounts, on the date on which high-level radioactive 
                waste or spent nuclear fuel is received at the Yucca 
                Mountain site, and in each of the 25 years thereafter, 
                for costs associated with construction and operation of 
                a repository or facilities at the Yucca Mountain site.
                  ``(B) An amount equal to 1 percent of 2017 Waste Fund 
                amounts, on the date on which high-level radioactive 
                waste or spent nuclear fuel is received at the Yucca 
                Mountain site, to make payments under a benefits 
                agreement entered into under section 170 with the State 
                of Nevada concerning a repository.
                  ``(C) An amount equal to 0.1 percent of 2017 Waste 
                Fund amounts, on the date that is one year after the 
                date on which high-level radioactive waste or spent 
                nuclear fuel is received at the Yucca Mountain site, 
                and in each year thereafter until closure of the 
                repository, to make payments under a benefits agreement 
                entered into under section 170 with the State of Nevada 
                concerning a repository.
                  ``(D) An amount equal to 20 percent of 2017 Waste 
                Fund amounts, on the date on which monitoring of the 
                repository during the decommissioning period commences, 
                for waste package and drip shield fabrication 
                activities.
                  ``(E) An amount equal to the amount of any fee 
                collected pursuant to subsection (a)(3) after the date 
                of enactment of the Nuclear Waste Policy Amendments Act 
                of 2017, on the date on which such fee is collected, 
                for costs associated with construction and operation of 
                a repository or facilities at the Yucca Mountain site.
          ``(2) 2017 waste fund amounts.--For purposes of this 
        subsection, the term `2017 Waste Fund amounts' means the 
        amounts in the Waste Fund on the date of enactment of the 
        Nuclear Waste Policy Amendments Act of 2017.''.

                        TITLE VI--MISCELLANEOUS

SEC. 601. CERTAIN STANDARDS AND CRITERIA.

  (a) Generally Applicable Standards and Criteria.--
          (1) Environmental protection agency standards.--
                  (A) Determination and report.--Not later than 2 years 
                after the Nuclear Regulatory Commission has issued a 
                final decision approving or disapproving the issuance 
                of a construction authorization for a repository under 
                section 114(d)(1) of the Nuclear Waste Policy Act of 
                1982 (42 U.S.C. 10134(d)) (as so designated by this 
                Act), the Administrator of the Environmental Protection 
                Agency shall--
                          (i) determine if the generally applicable 
                        standards promulgated under section 121(a) of 
                        the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
                        10141(a)) should be updated; and
                          (ii) submit to Congress a report on such 
                        determination.
                  (B) Rule.--If the Administrator of the Environmental 
                Protection Agency determines, under subparagraph (A), 
                that the generally applicable standards promulgated 
                under section 121(a) of the Nuclear Waste Policy Act of 
                1982 (42 U.S.C. 10141(a)) should be updated, the 
                Administrator, not later than 2 years after submission 
                of the report under subparagraph (A)(ii), shall, by 
                rule, promulgate updated generally applicable standards 
                under such section.
          (2) Commission requirements and criteria.--Not later than 2 
        years after the Administrator of the Environmental Protection 
        Agency promulgates updated generally applicable standards 
        pursuant to paragraph (1)(B), the Commission shall, by rule, 
        promulgate updated technical requirements and criteria under 
        section 121(b) of the Nuclear Waste Policy Act of 1982 (42 
        U.S.C. 10141(b)) as necessary to be consistent with such 
        updated generally applicable standards.
  (b) Site-Specific Standards and Criteria.--Nothing in this section 
shall affect the standards, technical requirements, and criteria 
promulgated by the Administrator of the Environmental Protection Agency 
and the Nuclear Regulatory Commission for the Yucca Mountain site under 
section 801 of the Energy Policy Act of 1992 (42 U.S.C. 10141 note).

SEC. 602. APPLICATION.

  Section 135 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10155) 
is amended by striking subsection (h) and redesignating subsection (i) 
as subsection (h).

SEC. 603. TRANSPORTATION SAFETY ASSISTANCE.

  Section 180(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10175(c)) is amended--
          (1) by striking ``(c) The Secretary'' and inserting the 
        following:
  ``(c) Training and Assistance.--
          ``(1) Training.--The Secretary''; and
          (2) by striking ``The Waste Fund'' and inserting the 
        following:
          ``(2) Assistance.--The Secretary shall, subject to the 
        availability of appropriations, provide in-kind, financial, 
        technical, and other appropriate assistance, for safety 
        activities related to the transportation of high-level 
        radioactive waste or spent nuclear fuel, to any entity 
        receiving technical assistance or funds under paragraph (1).
          ``(3) Source of funding.--The Waste Fund''.

SEC. 604. OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT.

  (a) Amendment to the Nuclear Waste Policy Act of 1982.--Subsection 
(b) of section 304 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10224(b)) is amended to read as follows:
  ``(b) Director.--
          ``(1) Functions.--The Director of the Office shall be 
        responsible for carrying out the functions of the Secretary 
        under this Act. The Director of the Office shall report 
        directly to the Secretary.
          ``(2) Qualifications.--The Director of the Office shall be 
        appointed from among persons who have extensive expertise and 
        experience in organizational and project management.
          ``(3) Tenure.--The Director of the Office may serve not more 
        than two 5-year terms.
          ``(4) Service during interim period.--Upon expiration of the 
        Director's term, the Director may continue to serve until the 
        earlier of--
                  ``(A) the date on which a new Director is confirmed; 
                or
                  ``(B) the date that is one year after the date of 
                such expiration.
          ``(5) Removal.--The President may remove the Director only 
        for inefficiency, neglect of duty, or malfeasance in office. If 
        the President removes the Director, the President shall submit 
        to Congress a statement explaining the reason for such 
        removal.''.
  (b) Transfer of Functions.--
          (1) Amendment.--Section 203(a) of the Department of Energy 
        Organization Act (42 U.S.C. 7133(a)) is amended by striking 
        paragraph (8).
          (2) Transfer of functions.--The functions described in the 
        paragraph (8) stricken by the amendment made by paragraph (1) 
        shall be transferred to and performed by the Office of Civilian 
        Radioactive Waste Management, as provided in section 304 of the 
        Nuclear Waste Policy Act of 1982 (42 U.S.C. 10224).
  (c) Technical Amendment.--Section 2(17) of the Nuclear Waste Policy 
Act of 1982 (42 U.S.C. 10101(17)) is amended by striking ``section 
305'' and inserting ``section 304''.

SEC. 605. WEST LAKE LANDFILL.

  Not later than one year after the date of enactment of this Act, the 
Administrator of the Environmental Protection Agency shall submit to 
Congress a report containing the final remedy to be implemented at the 
West Lake Landfill and the expected timeline for implementation of such 
final remedy.

SEC. 606. SUBSEABED OR OCEAN WATER DISPOSAL.

  (a) Prohibition.--Section 5 of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10104) is amended--
          (1) by striking ``Nothing in this Act'' and inserting:
  ``(a) Effect on Marine Protection, Research, and Sanctuaries Act of 
1972.--Nothing in this Act''; and
          (2) by adding at the end the following new subsection:
  ``(b) 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.''.
  (b) Repeal.--Section 224 of the Nuclear Waste Policy Act of 1982, and 
the item relating thereto in the table of contents for such Act, are 
repealed.

SEC. 607. SENSE OF CONGRESS REGARDING STORAGE OF NUCLEAR WASTE NEAR THE 
                    GREAT LAKES.

  It is the Sense of Congress that the Governments of the United States 
and Canada should not allow permanent or long-term storage of spent 
nuclear fuel or other radioactive waste near the Great Lakes.

                          Purpose and Summary

    H.R. 3053, the Nuclear Waste Policy Amendments Act of 2017, 
was introduced on June 26, 2017, by Rep. John Shimkus (R-IL). 
The bill amends the Nuclear Waste Policy Act of 1982 (NWPA)\1\ 
to improve the Department of Energy's (DOE) nuclear waste 
management program to store and dispose of spent nuclear fuel 
(SNF) and high-level radioactive waste (HLW).
---------------------------------------------------------------------------
    \1\P.L. 97-425
---------------------------------------------------------------------------
    Title I of the bill directs DOE to initiate a program to 
consolidate and temporarily store commercial SNF during the 
development, construction, and initial operation of a 
repository, with preference for the Department to take 
ownership of SNF from facilities that have ceased commercial 
operation. This title also authorizes DOE to enter into an 
agreement with a non-Federal entity for the purposes of storing 
SNF to which the Department holds title.
    Title II addresses Federal land withdrawal and related 
management issues associated with the licensing and 
construction of a permanent geologic repository at the Yucca 
Mountain, Nevada site. This title provides for the permanent 
withdrawal of specific Federal land for repository use by DOE; 
updates the Nuclear Regulatory Commission (NRC) licensing 
process and conditions for the repository; and limits 
activities relating to a separate repository for HLW generated 
by atomic energy defense activities.
    Title III provides DOE with consolidated storage options to 
help fulfill the Federal government's obligations to take title 
to SNF. Provisions amend the NWPA to authorize DOE to modify 
contracts to allow the transfer of commercial SNF to DOE for 
monitored retrievable storage in addition to DOE's existing 
legal obligations to ensure the permanent disposal of 
commercial spent fuel.
    Title IV provides benefits to the repository host State and 
units of local governments. The provisions update the NWPA to 
requalify the State of Nevada to enter into an agreement with 
DOE to help mitigate potential impacts that may result from 
hosting the repository. The title also allows qualified covered 
units of local government to enter into separate benefits 
agreements with DOE.
    Title V amends the method by which DOE funds its nuclear 
waste management activities through the collection and usage of 
the Nuclear Waste Fund (Fund). The bill also makes specific 
portions of previously collected funding available to the 
Department without further appropriation throughout the multi-
decade life cycle of the repository program.
    Title VI makes miscellaneous changes to the NWPA, including 
updating the generic (non-Yucca Mountain specific) standards 
for a repository, setting a fixed-term appointment for the 
Office of Civilian Radioactive Waste Management (OCRWM) 
Director, and expanding the qualified usage of DOE financial 
assistance to state and local organizations to support SNF 
transportation activities.

                  Background and Need for Legislation


Historical context

    Spent nuclear fuel and high-level radioactive waste is 
generated as a result of commercial generation of nuclear power 
and as a byproduct of our nation's nuclear defense activities, 
such as legacy material from maintaining a nuclear weapons 
stockpile, and used fuel from the U.S. Navy's fleet of nuclear-
powered submarines and aircraft carriers. This material must be 
permanently isolated from the manmade environment, and 
scientific consensus has consistently maintained that isolation 
in a deep, geologic repository is the best path forward.\2\
---------------------------------------------------------------------------
    \2\The first comprehensive analysis was undertaken in the 1950's 
and repository disposal remains the most widely supported policy. See 
National Research Council. 1957. The Disposal of Radioactive Waste on 
Land. Washington, DC: The National Academies Press. https://doi.org/
10.17226/10294. See, more recently, National Research Council. 2001. 
Disposition of High-Level Waste and Spent Nuclear Fuel: The Continuing 
Societal and Technical Challenges. Washington, DC: The National 
Academies Press. https://doi.org/10.17226/10119.
---------------------------------------------------------------------------
    Throughout the 1960's and 1970's, the Federal government 
unsuccessfully sought a permanent disposal site for this 
material. For example, in the 1960's the Atomic Energy 
Commission (AEC)\3\ attempted to locate a deep geologic 
repository at an abandoned salt mine near Lyons, Kansas. The 
State of Kansas ultimately opposed the siting of a repository 
at the Lyons site because of a lack of transparency and due to 
processes associated with the site's scientific 
characterization. Also, in the late 1970's, the Energy Research 
and Development Administration\4\ conducted the National Waste 
Terminal Storage Program. The Program identified dozens of 
geologic sites in 36 states to characterize as potential 
repositories. However, when the Federal government sent 
requests to the governors representing the prospective 
locations, no governor agreed to move forward in partnership 
with DOE. The program was subsequently terminated.
---------------------------------------------------------------------------
    \3\The United States Atomic Energy Commission was created by the 
Atomic Energy Act to promote and regulate the use of atomic science and 
technology. The AEC was disbanded in 1974 and two organizations were 
established to separate the nuclear promotional activities, which were 
placed into the Energy Research and Development Administration, from 
the regulation of civilian nuclear activities, within the Nuclear 
Regulatory Commission.
    \4\In 1977, Congress enacted the Department of Energy Organization 
Act, which transferred ERDA's activities into the newly established 
Department of Energy.
---------------------------------------------------------------------------
    At the same time, pressure was growing to establish a 
program for permanent disposal. During the late 1970's, a 
number of state legislatures were successful in efforts to 
prohibit the construction of commercial nuclear power plants 
until there was a Federal nuclear waste management program.\5\ 
Additionally, the NRC was successfully sued and required by the 
courts to have a reasonable expectation that the commercial SNF 
would be permanently disposed.\6\ As a consequence of these 
lawsuits, the NRC developed what was known as the ``Waste 
Confidence'' rule, which stated that the NRC could continue to 
license commercial reactors as long as there was a certain 
level of assurance that there was a nuclear waste disposal 
program in place.
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    \5\California and Minnesota were prominent in their efforts. 
According to the National Conference of State Legislatures, California, 
Connecticut, Hawaii, Illinois, Maine, Massachusetts, Minnesota, 
Montana, New Jersey, New York, Oregon, Rhode Island, Vermont, and West 
Virginia currently have restrictions on new commercial nuclear power 
plants due to disposal policy.
    \6\See Minnesota v. NRC 302 F.2d 412 (D.C. Cir. 1979)
---------------------------------------------------------------------------

The Nuclear Waste Policy Act of 1982

    The combination of the external efforts, along with the 
Federal government's unsuccessful attempts to find a nuclear 
waste disposal option, prompted Congress to take control of the 
process and enact the NWPA. The NWPA established the statutory 
framework that continues to govern DOE's nuclear waste 
management policy and the development of a permanent geologic 
nuclear waste repository.
    NWPA established a scientifically based, multi-stage, 
statutory process for selecting the eventual site of the 
nation's permanent geologic repository.\7\ NWPA designated 
specific responsibilities, decision schedules, and funding to 
develop a secure facility to dispose of the radioactive waste 
located around the nation. The NWPA created a Federal 
obligation to take title to, remove, and transport spent 
nuclear fuel from commercial nuclear power reactor sites around 
the nation directly to a permanent repository or an interim 
storage facility before permanent disposal. The Act provided 
what was intended to be a dedicated funding stream for the 
program by establishing the Nuclear Waste Fund, funded by a fee 
charged on nuclear-generated electricity, under the principle 
that those who benefit from nuclear power should fund waste 
disposal activities. The NWPA designated the Federal agencies 
responsible for implementing this nuclear waste policy and 
specified their roles: DOE, to characterize, site, design, 
build, and manage a Federal waste repository; the Environmental 
Protection Agency (EPA), to set the public health standards for 
the repository; and the Nuclear Regulatory Commission (NRC), to 
license the repository's construction, operation, and closure.
---------------------------------------------------------------------------
    \7\For additional background: see ``Closing Yucca Mountain: 
Litigation Associated with Attempts to Abandon the Planned Nuclear 
Waste Repository'' Congressional Research Service, July 4, 2012 
(R41675).
---------------------------------------------------------------------------
    Key provisions of NWPA continue to affect DOE's nuclear 
waste management policy today and inform the need for H.R. 
3053. These provisions include:
           Establishment of a formal responsibility by 
        DOE to dispose of commercially generated SNF, which was 
        required to be subject to a legally-binding contract 
        between DOE and the commercial nuclear power generator;
           Creation of a ``fee for service'' model for 
        the Nuclear Waste Fund, in which commercial utilities 
        that generate SNF pay a fee to DOE in exchange for the 
        future commitment to dispose of the SNF;
           Establishment of a January 31, 1998 deadline 
        for DOE to begin taking title to the commercial SNF.
    The Act also established the Office of Civilian Radioactive 
Waste Management (OCRWM) within DOE, headed by a Director who 
is appointed by the President and confirmed by the Senate. The 
Director is ``responsible for carrying out the functions of the 
Secretary'' under the NWPA and is directly responsible to the 
Secretary.
    Under the Act, Congress required a Presidential finding\8\ 
as to whether waste from atomic energy defense activities could 
be disposed of in a single, common repository to be developed 
under the NWPA. In 1985, President Reagan determined that a 
defense waste only repository was not required and DOE 
proceeded to develop and plan for one repository to include 
both defense HLW and commercial SNF.\9\
---------------------------------------------------------------------------
    \8\Section 8 of the Nuclear Waste Policy Act of 1982.
    \9\In April 2015, President Obama issued a determination that HLW 
from atomic energy defense activities, such as nuclear weapons programs 
and spent nuclear fuel from Navy submarines and aircraft carriers, is 
required to be disposed of in a separate repository apart commercial 
SNF. In January 2017, the Government Accountability Office found DOE's 
cost and schedule estimates for the two-repository approach are not 
reliable, excluded major costs, lacked information and the schedule was 
not realistic. GAO recommended DOE ``(1) assess benefits, costs, and 
schedule estimates, and (2) reassess its decision to conduct site 
section activities.'' U.S. Government Accountability Office, ``Nuclear 
Waste: Benefits and Costs Should Be Better Understood Before DOE 
Commits to a Separate Repository for Defense Waste,'' GAO-17-174. 
January 31, 2017.
---------------------------------------------------------------------------
    As previously noted, the Act established a Waste Fund 
intended to be a ``fee for service'' model in which commercial 
entities paid the Federal government a fee in return for the 
contractual obligation that DOE would take title to the SNF. 
Congress recognized, under the NWPA provisions, that access to 
previously collected program funding would give DOE certainty 
in planning for a multi-generational project. However, the 
budgetary treatment of the Fund, under a subsequent statute 
enacted in 1985, limited the original vision and funding model 
intended under the NWPA.
    The Gramm-Rudman-Hollings Balanced Budget Act of 1985\10\ 
set in motion policy changes that designated the accounting 
method of the Waste Fund fee as a mandatory receipt, but 
subjected spending on the project from the Fund as 
discretionary spending. Because payments from the Fund were 
classified as discretionary, money spent on nuclear waste 
management activities has been subject to overall budget caps 
of the Federal government and thus has competed with all other 
discretionary spending, which has limited the use of the Fund. 
At the same time, the receipts continue to be applied annually 
to offset deficit spending, further limiting access to the fund 
for its intended purpose.
---------------------------------------------------------------------------
    \10\P.L. 99-177.
---------------------------------------------------------------------------
    To date, over $40 billion has been collected for the 
purposes of the Waste Fund and the current balance of the 
account is $37 billion.\11\ Future access to this fund will 
remain constrained by the current accounting methods absent 
additional statutory direction to reestablish long-term 
spending certainty.\12\
---------------------------------------------------------------------------
    \11\DOE Office of Inspector General, ``Audit Report: Department of 
Energy's Nuclear Waste Fund's Fiscal Year 2016 Financial Statement 
Audit,'' OAI-FS-17-04. December 2016.
    \12\For more information regarding the Waste Fund's creation, 
budgetary treatment and need for reform, see Committee on Energy and 
Commerce Subcommittee on Environment and the Economy hearing titled, 
``The Nuclear Waste Fund: Budgetary, Funding, and Scoring Issues,'' on 
December 3, 2015.
---------------------------------------------------------------------------
    Congress set the initial fee at one mil (one tenth of one 
cent) per kilowatt hour, but gave the Secretary the authority 
to revise the fee level. To determine the lifecycle funding 
requirements of the program, the Act required the Secretary to 
annually review the level of the fee, through what is known as 
the ``fee adequacy'' report. Over the period in which the fee 
was collected, the Secretary never exercised this authority to 
adjust the fee from the original level established by Congress.

Repository selection and monitored retrievable storage

    The NWPA required DOE to establish a process to identify 
and characterize repository sites in order to select a single 
location for the first repository. From 1983 through 1987, DOE 
conducted several multi-attribute analyses for sites of the 
first repository.\13\ The locations of the three final 
candidate sites included Hanford, Washington; Deaf Smith 
County, Texas; and Yucca Mountain, Nevada. In the analysis, the 
Yucca Mountain site consistently ranked at the top of the most 
suitable locations.\14\
---------------------------------------------------------------------------
    \13\During this time, DOE also initiated a program to identity the 
site of a second repository in the eastern United States. In 
particular, as a matter of geographic equity, western states believed 
there should be a repository in states that relied more heavily on 
nuclear power, namely east of the Mississippi River. However, this 
second repository program was strongly opposed by potentially impacted 
governors and considered unnecessary until the first repository was 
operational. When Congress amended the NWPA in 1987, the second 
repository program had already been terminated by DOE, but Congress 
established a statutory cap of 70,000 metric tons of SNF in the Yucca 
Mountain repository to create the potential future need for a second 
repository.
    \14\Department of Energy, ``A Multiattribute Utility Analysis of 
Sites Nominated For Characterization For the First Radioactive-Waste 
Repository--A Decision Aiding Methodology,'' DOE/RW-0074, May 1986.
---------------------------------------------------------------------------
    Section 141 of the NWPA also authorized DOE to pursue a 
``monitored retrievable storage'' (MRS) facility.\15\ In 
authorizing an MRS program, Congress found that storage would 
provide optionality in the waste management system to the 
Department as it developed a permanent repository. The 
optionality would allow DOE a higher probability of taking 
title to SNF by the 1998 deadline. In performing the 
requirements of the MRS program, DOE identified three sites in 
Tennessee and formally recommended the Clinch River Site as the 
preferred location. The State of Tennessee disapproved of this 
recommendation, not on scientific or technical grounds, but 
because it determined that an MRS facility was not needed. 
Testimony before the Committee on Energy and Commerce during 
this period was clear: all initial efforts should be focused on 
the development of the first permanent repository.\16\
---------------------------------------------------------------------------
    \15\The NWPA defines an MRS facility as a facility designed to 
accommodate SNF and HLW from civilian nuclear activities; that permits 
continuous monitoring, management, and maintenance of SNF and waste for 
the foreseeable future; that provides for the ready retrieval of such 
SNF and waste for further processing or disposal; and that safely 
stores SNF and waste as long as may be necessary. See NWPA sec. 
141(b)(1).
    \16\The Committee on Energy and Commerce Subcommittee on Energy 
Conservation and Power held hearings in the 99th Congress on August 1, 
1985, October 15, 1985, April 23, 1986, and May 1, 1986, to examine the 
progress of the DOE nuclear waste management program under the Nuclear 
Waste Policy Act. 43 witnesses appeared before the Committee in these 
hearings.
---------------------------------------------------------------------------

Nuclear Waste Policy Act Amendments of 1987

    Following extensive Congressional examination of DOE's 
nuclear waste program during this time, and partially out of 
concern of program cost and a rapidly approaching legal 
deadline, Congress amended the NWPA in 1987.\17\ Congress 
designated the Yucca Mountain, Nevada site as the sole location 
for the first repository and prohibited DOE from conducting any 
site-specific work other than at the Yucca location.
---------------------------------------------------------------------------
    \17\Congress amended the Nuclear Waste Policy Act in the Omnibus 
Budget Reconciliation Act of 1988: P.L. 100-203.
---------------------------------------------------------------------------
    The 1987 Amendments also amended section 141 by nullifying 
the Clinch River recommendation and establishing a new, more 
prescriptive siting, characterization, and development process 
for DOE's MRS program. The conditions for a DOE MRS included a 
10,000-ton capacity limit, required that NRC issue a 
construction authorization for the Yucca Mountain repository 
prior to developing an MRS, and prohibited an MRS facility from 
being located within 50 miles of the repository. These policies 
were intended to assure that an MRS facility would not 
undermine the policy and related support for developing a 
permanent disposal facility. The MRS provisions remained 
focused exclusively on a DOE-owned and operated facility.
    Congress acknowledged that Nevada deserved the opportunity 
to benefit as the host State. Subtitle F (Benefits) of the NWPA 
Amendments of 1987 includes a structured process for Nevada to 
enter into a benefits agreement with the Secretary of Energy. 
However, Congress conditioned the benefits agreements on 
requiring the State of Nevada to waive their ability to 
disapprove of the site recommendation.\18\ Additionally, 
Subtitle G of the NWPA Amendments (Other Benefits) directed the 
Secretary to preferentially site Federal research projects in 
the host State and to publish a report of potential impacts 
associated with hosting the repository. The report was to serve 
as a basis for Federal government mitigation efforts.\19\
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    \18\The State of Nevada disapproved of the site selection and never 
entered into an agreement, largely due to the condition the State would 
have to waive its right to veto the site recommendation.
    \19\The Secretary of Energy published the Section 175 Report in 
1988 and found that DOE had sufficient authority to mitigate impacts 
through financial assistance, transportation programmatic decisions, 
collaboration with the State and units of local government, and 
monitoring programs.
---------------------------------------------------------------------------

The Yucca Mountain Program

    In 1992, Congress took another significant step relating to 
the repository development by requiring the EPA to set 
regulations for protection of human health and the environment 
specifically for the Yucca Mountain site.\20\ The Yucca 
Mountain specific standards superseded standards that had been 
previously required under section 121 of the NWPA. The EPA 
standards were finalized in 2001 and were based on the concept 
of ``reasonable expectation''\21\ of performance over a 10,000-
year timeframe. The State of Nevada challenged the standards, 
and EPA subsequently modified the compliance period to a one-
million-year performance standard. The development of these 
Yucca Mountain specific standards and associated actions slowed 
implementation of DOE's repository program.
---------------------------------------------------------------------------
    \20\P.L. 102-486
    \21\``Reasonable expectation means that the NRC is satisfied that 
compliance will be achieved based on upon the full record before it. 
Reasonable expectation is used by EPA to recognize that absolute proof 
is neither necessary nor possible since performance of the disposal 
system must be projected 10,000 years.'' See: https://www.epa.gov/
sites/production/files/2015-05/documents/wm02papr.pdf
---------------------------------------------------------------------------
    Throughout the 1990's, DOE studied, characterized, and 
designed a repository at Yucca Mountain that would include 
multiple manmade barriers in addition to taking advantage of 
the unsaturated location of the site. This included the 
development of a total system performance assessment, which 
provides long-term performance estimates based on the 
probabilistic likelihood of future disruptive events.
    In 2002, as required by the NWPA,\22\ Energy Secretary 
Spencer Abraham recommended the Yucca mountain site to 
President Bush, and President Bush formally approved the Yucca 
Mountain site. Pursuant to section 116(b) of the NWPA, the 
State of Nevada issued a notice of disapproval of the project. 
However, Congress, as provided in NWPA, overrode the 
disapproval.\23\ Having completed the statutorily required 
selection and approval process for the Yucca Mountain site, DOE 
prepared the supporting documentation to submit a license 
application for a construction authorization to the Nuclear 
Regulatory Commission.
---------------------------------------------------------------------------
    \22\Section 115 of the NWPA sets for the review of the repository 
site selection process. Upon the State's notice of disapproval, the 
introduction of a joint resolution of Congress was required. The 
resolution had specific procedures for consideration in both the House 
of Representatives and Senate which required expedited consideration.
    \23\H.J. Res 87 was introduced in the House on April 11, 2002 by 
Energy and Commerce Chairman Joe Barton. The Committee on Energy and 
Commerce reported the resolution favorably on May 1. The House passed 
the resolution by a vote of 306-117 on May 8 and the Senate passed the 
resolution without amendment by voice vote on July 9.
---------------------------------------------------------------------------
    DOE submitted a license application seeking authorization 
to construct the repository, required by section 114(d) of the 
NWPA, to the NRC in June 2008.\24\ The license application 
contained a comprehensive Safety Analysis Report, which 
incorporated the full scientific and environmental analysis of 
the Yucca Mountain site to provide information necessary for 
NRC to determine if the repository would meet all regulatory 
requirements for the safe, permanent disposal of SNF and HLW.
---------------------------------------------------------------------------
    \24\Section 114 of the NWPA established requirements relating to 
the process by which DOE and the NRC license the Yucca Mountain 
repository. The law requires the Secretary of Energy submit to the NRC 
an application for a construction authorization for a repository 
following the President's site recommendation. It requires that the 
Commission ``shall consider an application for a construction 
authorization for all or part of a repository'' and 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.'' In 
addition, Section 121 of the NWPA requires a three-part licensing 
process for repositories. The steps include NRC approval or disapproval 
of ``(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 repository; and (iii) applications 
for authorization for closure and decommissioning of such 
repositories.''
---------------------------------------------------------------------------
    NRC docketed the license application in September 2008. It 
then commenced a two-pronged review of the application. First, 
it launched a technical licensing review by the NRC staff to 
assess the technical merits of the repository design and 
formulate a position on whether to issue a construction 
authorization for the repository. Second, NRC initiated 
adjudicatory hearings by the NRC's Construction Authorization 
Board to consider technical and legal challenges to the 
application.\25\ To date, the State of Nevada has filed more 
than 200 contentions for adjudication. Pursuant to NWPA, the 
Commission, based on a staff Safety Evaluation Report (SER) and 
the Board hearings, must determine solely on the technical 
merits whether to authorize construction of the repository.
---------------------------------------------------------------------------
    \25\See https://www.nrc.gov/waste/hlw-disposal/licensing-
process.html
---------------------------------------------------------------------------
    Subsequent NRC review of the construction authorization 
resulted in the issuance of a five-volume SER,\26\ in which NRC 
technical staff concluded that the Yucca Mountain project, as 
outlined in the DOE license application, was reasonably 
expected to meet EPA's one-million-year regulatory 
requirements. When the staff released the final SER volume in 
January 2015, it noted that DOE had not yet met two conditions 
for license issuance: DOE had not demonstrated the land would 
be permanently withdrawn for use of the repository nor had DOE 
acquired the necessary water use permits from Nevada.\27\ This 
SER was completed against a backdrop of an Administration that 
had been attempting to end the Yucca Mountain Program.
---------------------------------------------------------------------------
    \26\Nuclear Regulatory Commission, ``Safety Evaluation Report 
Related to Disposal of High-Level Radioactive Waste in a Geologic 
Repository at Yucca Mountain, Nevada,'' NUREG-1949. Available at: 
https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1949/
    \27\The Department of Energy sought a water use permit from the 
Nevada State Water Engineer. However, the State of Nevada enacted a law 
stating the Yucca Mountain repository was not in the public interest, 
which is a requirement for the State to issue a water permit. 
Litigation between DOE and Nevada is currently under a stay following 
the Obama Administration's decision to stop work on the repository 
program.
---------------------------------------------------------------------------

Attempts to end the Yucca Mountain Program

    In 2009, despite the statutory requirements and the 
successful submission of a license application for repository 
construction, the Obama Administration initiated a process to 
change course on DOE's nuclear waste management policy.\28\ 
Over the course of two fiscal years, the Secretary of Energy 
dismantled the agency's staff and closed OCRWM offices. In 
March 2010, DOE submitted a motion to the NRC to withdraw 
permanently the DOE application for a license to construct a 
repository at Yucca Mountain.\29\ The motion was unsuccessful, 
but the Administration continued other efforts to defund the 
program--effectively halting NRC adjudicatory proceedings, and 
delaying issuance of the SER. Concurrently, the Administration 
initiated a study of potential recommendations to reform 
approaches to nuclear waste management.\30\ Energy Secretary 
Steven Chu established the Blue Ribbon Commission on America's 
Nuclear Future (BRC) to recommend an alternative nuclear waste 
policy. The BRC issued its final report in 2012,\31\ and, in 
response to the BRC's recommendations, DOE issued its own 
``Strategy for the Management and Disposal of Used Nuclear Fuel 
and High-Level Radioactive Waste'' in 2013.\32\
---------------------------------------------------------------------------
    \28\See for example, FY 2010 Congressional Budget Request for DOE, 
at page 504, which notes in relevant part: ``The FY2010 requests . . . 
implements the Administration's decision to terminate the Yucca 
Mountain program . . . .'' DOE Office of Chief Financial Officer, May 
2009.
    \29\``In the Matter of U.S. Department of Energy (High-Level Waste 
Repository),'' Docket No. 63-001. The NRC rejected DOE's petition to 
withdraw and ensuing decisions by the D.C. Circuit Court of Appeals 
required the NRC to continue its review of the license application.
    \30\President Obama directed the Secretary of Energy to create the 
Blue Ribbon Commission for America's Nuclear Future, which would not 
identify an alternative site, but would recommend reforms to nuclear 
waste policy established in statute; See http://brc.gov/
    \31\Blue Ribbon Commission on America's Nuclear Future, ``Report to 
the Secretary of Energy,'' January 2012.
    \32\Department of Energy, ``Strategy for the Management and 
Disposal of Used Nuclear Fuel and High-Level Radioactive Waste,'' 
January 2013.
---------------------------------------------------------------------------
    The BRC and ``DOE Strategy'' both recommended that DOE 
should pursue a consolidated interim storage program, similar 
to the NWPA's MRS program. The recommendations centered on 
proposals from private companies to acquire an NRC license for 
storage of SNF\33\ and enter into a contract with DOE. The BRC 
and ``DOE Strategy'' also emphasized the first storage facility 
should prioritize taking title to SNF from locations that have 
permanently ceased commercial operation.\34\
---------------------------------------------------------------------------
    \33\One private entity, Private Fuel Storage LLC, currently holds 
an NRC license for this purpose. Two companies have submitted a license 
application; however, one company requested no further NRC action on 
the application and NRC has not yet formally accepted the other 
application as part of the licensing docket.
    \34\For a more complete record of attempts to end the Yucca 
Mountain Program and related activities, see the following Committee on 
Energy and Commerce hearings: ``The Role of the Nuclear Regulatory 
Commission in America's Energy Future,'' May 4, 2011, Serial No. 112-
43; ``The Department of Energy's Role in Managing Civilian Radioactive 
Waste,'' June 1, 2011, Serial No. 112-54; ``The NRC Inspector General 
Report on the `NRC Chairman's Unilateral Decision to Terminate NRC's 
Review of the DOE Yucca Mountain Repository License Application','' 
June 14, 2011, Serial No. 112-161; ``NRC Repository Safety Division--
Staff Perspective on Yucca License Review, June 24, 2011, Serial No. 
112-67; and ``Recommendations of the Blue Ribbon Commission on 
America's Nuclear Future,'' February 1, 2012, Serial No. 112-109.
---------------------------------------------------------------------------

Mounting Liabilities

    After the 1998 deadline was missed for DOE to take title to 
SNF, utilities filed suit against the Department because it had 
not met the legally required terms of the Standard 
Contract.\35\ Through multiple court cases, DOE was ultimately 
held in partial breach of contract\36\ and ordered to pay 
financial damages to the utilities. The damages reimbursed 
costs associated with storing SNF onsite, which would not have 
been necessary had DOE taken title to the fuel for disposal. 
The Courts directed that these damages were to be paid out of a 
specific Treasury Department account, known as the Judgment 
Fund, which pays all claims against the Federal government, 
rather than out of the Nuclear Waste Fund, which was 
specifically dedicated to funding nuclear waste management 
activities.
---------------------------------------------------------------------------
    \35\The Standard Contract is required under the NWPA for entities 
licensed under section 103 or 104 of the Atomic Energy. The contract 
governs the disposal of HLW and SNF that may result from the use of 
such license. See section 302(b) of the NWPA.
    \36\A ``partial breach of contract'' determines that damages are 
ongoing. In Indiana Michigan Power Co. v. United States it was held 
that a ``partial breach plaintiff can recover damages incurred from the 
point at which the `party has reason to know that performance by the 
other party will not be forthcoming' to the date of trail.'' For more 
information see: Congressional Research Service, ``Legal Developments 
Relating to Nuclear Waste Storage and Disposal in the Yucca Mountain 
Repository Site,'' R44151. August 29, 2016.
---------------------------------------------------------------------------
    To date, total damages are expected to total approximately 
$30 billion.\37\ This taxpayer liability estimate has risen by 
about two billion dollars annually over the last decade.\38\
---------------------------------------------------------------------------
    \37\Department of Energy, ``Fiscal Year 2016: Agency Financial 
Report,'' DOE/CF-0128, November 2016. The DOE Report notes that 
industry estimates the total liability will exceed $50 billion. Based 
on recent trends, the industry estimate may be reasonable.
    \38\For more information see letter from Committee on Energy and 
Commerce Environment Subcommittee Chairman John Shimkus to Secretary of 
Energy Rick Perry dated August 21, 2017.
---------------------------------------------------------------------------

Need for Legislation

    The country's long history of challenges managing nuclear 
waste, the extensive scientific and technical record associated 
with the Yucca Mountain site, and decades of Congressional 
oversight by the Committee on Energy and Commerce, indicate the 
essential framework established in the NWPA remains sound.
    Despite substantial delays, the process succeeded in 
meeting a number of the critical statutory steps necessary for 
establishing a permanent repository. With Congress's 
affirmative, bi-partisan support, the Department of Energy 
produced a complete license application for the Yucca Mountain 
repository. The NRC initiated the critical, independent review 
of the license application, and found that the proposed project 
would meet all regulatory requirements.
    After much delay, Congress must resurrect a stalled 
program, including the governance regime and funding necessary 
for DOE to defend the application and for NRC to complete the 
adjudicatory process. Only when NRC completes the process and 
makes a decision on the license application will the public 
have full information about the safety of the Yucca Mountain 
Site. In the long term, the committee's oversight demonstrates 
the need to ensure durable funding for operating the facility 
for decades. As the preceding section indicates, there are a 
number of practical reforms to NWPA that will help ensure both 
short-term and long-term success of the program. These include 
provisions to address governance, access to the Nuclear Waste 
Fund, state participation, and adding flexibility for the 
Secretary of Energy to ensure more timely and sustained 
implementation of the nation's responsibilities for disposing 
of SNF and HLW.

                         WHAT THE BILL WILL DO

    H.R. 3053, Nuclear Waste Policy Amendments Act of 2017, 
makes targeted and practical updates to the Nuclear Waste 
Policy Act, to provide a durable and effective Federal nuclear 
waste management program. Enactment of this bill will address 
key challenges associated with storage and disposal of SNF and 
HLW to ensure the Federal government remains on the path to 
fulfill its legal and moral obligation to ratepayers, 
taxpayers, and communities across the country.

Consolidated interim storage

    Title I amends Subtitle C of the NWPA, Monitored 
Retrievable Storage, to direct DOE to initiate a program to 
take ownership of and store SNF. The bill authorizes DOE to 
enter into MRS agreements with non-Federal entities to serve as 
a temporary storage facility. Taken together, the provisions 
create a structured, predictable, and cost-effective program to 
provide optionality for DOE, while the permanent repository is 
licensed and constructed during initial repository operations.
    The storage program's first step requires the Secretary of 
Energy to submit a report to Congress by June 1, 2019, on the 
need for and feasibility of the construction of one or more MRS 
facilities. As part of the original passage of the NWPA, 
Congress required DOE to submit this proposal by June 1, 
1985.\39\ However, as previously described, DOE's efforts to 
develop an MRS facility were unsuccessful. Today, the delayed 
repository program and associated financial liabilities have 
changed the circumstances concerning the potential viability 
and need for MRS.
---------------------------------------------------------------------------
    \39\Department of Energy, ``Monitored Retrievable Storage 
Submission to Congress,'' DOE/RW-0035. March 1987.
---------------------------------------------------------------------------
    DOE's MRS program requires the Secretary receive robust 
information relating to the potential use of an MRS agreement 
with a non-Federal entity. Data collected through the issuance 
of a request for information and, should DOE continue to pursue 
an MRS facility, a request for proposal, should assure that the 
initial storage facility is appropriately scoped and 
characterized prior to committing funding.
    Section 101(b) makes minor modifications to section 141 of 
the NWPA to account for the explicit Congressional 
authorization of one or more MRS facilities. The legislation 
adds ``MRS agreement'' and ``Department-owned civilian waste'' 
definitions to in section 2 of the NWPA. ``MRS agreements'' may 
provide the Department flexibility in how DOE considers 
contractual obligations with potential non-Federal entities. 
The Committee expects an MRS agreement shall be done in a 
competitive manner as set forth through Title I. The term 
``Department-owned civilian waste'' applies to commercial spent 
nuclear fuel to which DOE has taken title, pursuant to the 
terms of the Standard Contract, and excludes waste from atomic 
energy defense activities. This assures it is clear DOE has 
taken title to such SNF, thus the Federal government payments 
from the Judgment Fund for partial breach of contract have 
ceased.
    The bill amends section 142 of the NWPA to provide the 
Secretary of Energy the authority to site, construct, and 
operate one or more MRS facilities or to enter into an MRS 
agreement with a non-Federal entity for temporary storage. 
Given DOE's unsuccessful historical endeavors of siting and 
developing significant facilities, the legislation directs the 
Secretary to prioritize one or more MRS agreements with a non-
Federal entity over a DOE-owned facility. However, if problems 
persist with both the repository program and the private MRS 
initiatives are unsuccessful, the Secretary may determine it is 
faster and less expensive for DOE to choose the first path (a 
federal facility).
    Section 103 prescribes the manner in which MRS agreements 
are authorized to be established. These conditions are central 
to the Department's storage program because they assure that 
taxpayer liabilities can be reduced while still assuring that 
the Federal government fulfills its obligation to permanently 
dispose of nuclear waste. The conditions of the agreement 
include:
    1. A requirement that the non-Federal entity be fully 
licensed by the Nuclear Regulatory Commission;
    2. A requirement that non-Federal entities secure approval 
from state and local stakeholders to operate and store civilian 
waste;
    3. A limitation on the total storage capacity of 10,000 
metric tons of SNF; and
    4. A final NRC decision on the pending Yucca Mountain 
licensing proceeding, with the exception of the first MRS\40\ 
agreement.
---------------------------------------------------------------------------
    \40\Section 103 authorizes the Secretary to enter into ``one MRS 
agreement'' before the Commission has issued a final repository 
decision.
---------------------------------------------------------------------------
    Each of these conditions are a direct extension of 
historical experience and critical for the success of DOE's 
nuclear waste program. The first condition will assure that a 
storage facility will safely operate as required by the Atomic 
Energy Act, which will instill public confidence in the 
Department. The second condition will prevent host state 
opposition from hindering DOE's ability to store material at 
the non-Federal entity.\41\ The third condition provides host 
communities surety that a temporary storage site will not 
become a de facto repository, because the total volume of 
nuclear waste will continue to necessitate the permanent 
repository program. The fourth condition will both protect 
nuclear waste appropriations from diversion away from the 
completion of the Yucca Mountain construction authorization and 
reinforce the public confidence that an MRS program will only 
be a temporary facility.
---------------------------------------------------------------------------
    \41\For example, the State of Utah opposed a previously private 
interim storage initiative undertaken in the 1990's by Private Fuel 
Storage.
---------------------------------------------------------------------------
    Congress and the Federal government have repeatedly 
expressed concern that, absent a requirement that a repository 
move forward concurrently with an interim storage facility, 
storage would supplant the disposal requirement. In 1972, the 
AEC presented a plan known as the Retrievable Surface Storage 
Facility (RSSF), which was an engineered surface facility to 
store waste until a permanent repository was available. 
However, EPA was sharply critical of the plan out of concern 
that the RSSF concept would make disposal a secondary program. 
EPA believed the development of an ultimate disposal facility 
must be the primary goal.
    Congress enshrined this policy in the NWPA, by limiting the 
quantity of SNF stored at an MRS site, mandating the approval 
of the Yucca Mountain license application prior to MRS facility 
development, and supported the disposal first project through 
annual appropriations. John Dingell, the Chairman of the 
Committee on Energy and Commerce during passage of the NWPA and 
1987 Amendments, explained why these policies were critical and 
included in the law during Committee consideration of the 
Nuclear Waste Policy Amendments Act of 1999. He stated: ``it is 
in the national interest of the United States to develop an 
interim storage facility so long as it can be funded adequately 
and so long as it does not undercut the permanent repository 
program''\42\ and ``above all, we must not inadvertently 
undermine the permanent repository without which there will be 
no real disposal solution for utility and defense waste 
temporarily stored in dozens of States.''\43\
---------------------------------------------------------------------------
    \42\Committee on Commerce Subcommittee on Energy and Power hearing 
``The Nuclear Waste Policy Act of 1999,'' 106th Congress. Serial No. 
106-17. February 10, and March 12, 1999.
    \43\Ibid.
---------------------------------------------------------------------------
    More recently, the BRC argued that ``the challenge of 
establishing positive linkages such that progress on storage 
does not undermine, but rather supports progress on repository 
development remains an important one.''\44\ The ``DOE 
Strategy'' also noted that
---------------------------------------------------------------------------
    \44\Blue Ribbon Commission on America's Nuclear Future

          The Obama Administration also agrees with the BRC 
        that a linkage between opening an interim storage 
        facility and progress toward a repository is important 
        so that states and communities that consent to hosting 
        a consolidated interim storage facility do not face the 
        prospect of a de facto permanent facility without 
        consent.\45\
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    \45\DOE Strategy for the Management and Disposal of Used Nuclear 
Fuel and High-Level Radioactive Waste.

    During the Committee markup of the bill,\46\ Rep. Ben Ray 
Lujan (D NM) noted his support for a strong linkage policy by 
quoting former New Mexico Senator Jeff Bingaman, who said 
``interim storage can play in important role in a comprehensive 
waste management program, but only as an integral part of the 
repository program and not as an alternative to or de facto 
substitute for permanent disposal.'' Rep. Lujan went on to 
quote the two sitting U.S. Senators from New Mexico, repeating 
Senator Udall's comment that ``no matter where it is built, I 
will not support an interim disposal site without a plan for a 
permanent disposal, whether the site is in southeastern New 
Mexico or anywhere else in the country, because that nuclear 
waste could be orphaned there indefinitely,'' and Senator 
Henrich's opposition to any interim storage facility until New 
Mexico is sure there will be a path forward to permanent 
disposal.
---------------------------------------------------------------------------
    \46\Committee on Energy and Commerce markup of H.R. 3053, the 
Nuclear Waste Policy Amendments Act of 2017. June 28, 2017.
---------------------------------------------------------------------------
    Requiring the NRC to determine whether Yucca Mountain meets 
all regulatory requirements and can be licensed for 
construction will help the state and local communities of 
potential storage sites have an answer to the question posed by 
the New Mexico Senators. This is particularly notable given New 
Mexico's interactions with DOE's Waste Isolation Pilot Project 
(WIPP), as well as the current outlook in which the only active 
NRC interim storage proceeding is proposed to be located in 
southeastern New Mexico.
    The legislation provides a narrow and defined exception for 
the fourth condition by authorizing DOE to enter into a single 
agreement prior to completion of the Yucca Mountain 
construction authorization. The bill directs funding from the 
general fund and links the authorized funding levels to amounts 
appropriated from the Waste Fund to protect funding for the 
completion of the Yucca Mountain license application. The 
expected length of time to complete NRC's review of the 
repository is three to five years\47\ and any remaining Waste 
Fund activity from fiscal year 2023 through 2025 would be 
adequate to allow for the MRS agreement to be funded at ten 
percent of those levels.
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    \47\Government Accountability Office, ``Commercial Nuclear Waste: 
Resuming Licensing of the Yucca Mountain Repository Would Require 
Rebuilding Capacity at DOE and NRC, Among Other Key Steps,'' GAO-17-
340. April 2017.
---------------------------------------------------------------------------
    While the bill allows limited funding to be directed to the 
first MRS agreement, it prohibits the shipment of any fuel to 
the MRS until either NRC has issued a final decision approving 
or disapproving of the Yucca Mountain construction 
authorization or if the Secretary of Energy finds such a 
decision is imminent, submits the finding and issues monthly 
reports to Congress updating the status of the licensing 
proceeding. The Committee recognizes the National Association 
of Regulatory Utility Commissioners' (NARUC) support for 
legislative provisions to require a final NRC decision before 
other aspects of the bill can be implemented.\48\ The potential 
movement of SNF to an MRS facility runs contrary to the 
documented support for a strong linkage policy. The limited 
exception provided in this provision does not authorize a broad 
perpetual exemption for the Secretary to transport SNF to the 
MRS, but rather applies to an unforeseen circumstance 
temporarily delaying the Commission's issuance of the final 
decision. It should not be interpreted to endorse any deviation 
from the Federal government's policy to dispose of all nuclear 
waste in a repository.
---------------------------------------------------------------------------
    \48\Letter from NARUC Executive Director Greg White to Committee on 
Energy and Commerce Chairman Greg Walden and Subcommittee on the 
Environment Chairman John Shimkus dated June 22, 2017.
---------------------------------------------------------------------------
    The Committee received extensive feedback from 
industry,\49\ communities, and took into account BRC 
recommendations\50\ that the first MRS agreement should also 
prioritize the storage of SNF from sites where nuclear power 
plants have permanently ceased commercial operation. In 2008, 
DOE published a Congressionally directed report on a 
demonstration project for the consolidation of SNF from 
decommissioned sites that noted that legislation would be 
required to undertake interim storage in a timely manner.\51\ 
These stranded sites are no longer generating electricity and, 
in some cases,\52\ only used fuel remains at the sites, 
limiting use or redevelopment.
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    \49\See, for example, testimony from Mr. Steve Nesbit on behalf of 
the United States Nuclear Infrastructure Council, Committee on Energy 
and Commerce Subcommittee on Environment hearing, ``H.R.__, the Nuclear 
Waste Policy Amendments Act of 2017,'' April 26, 2017.
    \50\Blue Ribbon Commission on America's Nuclear Energy Future.
    \51\The report found that pursuing Yucca Mountain was the fastest 
and best option for fulfilling its NWPA requirements. However, the 
report noted legislation would be needed ``(1) to direct the Department 
to take spent nuclear fuel from decommissioned commercial nuclear power 
reactors as soon as possible; (2) to establish an expedited siting 
process; and (3) to authorize the Department to construct and operate 
the facility under its regulatory authority, or, if the facility were 
to be constructed and operated under a [NRC] license, to provide for an 
expedited siting and licensing process.'' DOE, ``Report to Congress on 
the Demonstration of the Interim Storage of Spent Nuclear Fuel from 
Decommissioned Nuclear Power Reactor Sites.'' DOE/RW-0596. December 
2008.
    \52\There are currently 16 power reactors in the decommissioning 
process or are full decommissioned. Eight more plants have announced 
the sites will permanently cease operation by 2024.
---------------------------------------------------------------------------
    The legislation does not require that DOE alter the terms 
of the Standard Contract, which are established on the 
principle of oldest fuel first. Under this principle, oldest 
SNF, or the date from when the fuel is discharged from the 
reactor, is the highest priority in the acceptance queue.\53\ 
The Committee notes that the Department maintains existing 
authority to rearrange the acceptance priority list and 
utilities also have the ability to negotiate with DOE or other 
utilities when such fuel would be delivered to the Department.
---------------------------------------------------------------------------
    \53\Settlements for damages as a result of the partial breach of 
contract are calculated on the ``oldest fuel first'' policy, which are 
based on DOE's Acceptance Priority Ranking and Annual Capacity Report. 
For example, see Department of Energy, ``Acceptance Priority Ranking & 
Annual Capacity Report,'' July 2004. Accessible at: https://
curie.ornl.gov/system/files/documents/not%20ye%20assigned/Acceptance%20 
Priority%20Ranking%20%26%20Annual%20Capacity%20Report__0.pdf.
---------------------------------------------------------------------------
    While several proposals have been put forth to consolidate 
commercial SNF, any effort that effectively abdicates DOE's 
obligation to develop a repository would strand defense waste 
from disposal. Congress and the Federal government owe those 
respective communities that have been partners and hosted key 
national security facilities--such as Hanford, Washington; the 
Savannah River Site in South Carolina; and southeastern Idaho--
the fulfillment of the Federal obligation to clean up those 
sites. Any interim storage policy that does not require 
advancement of the repository program would place those 
communities at a disadvantage because DOE's focus would likely 
be placed on reducing the overall liabilities, which are not 
linked to the defense sites.
    Sections 105, 106, 107, and 108 make conforming changes to 
the NWPA to allow for more than one MRS site to be selected, 
modify the conditions for a DOE-owned MRS facility to be 
developed, and clarify that certain financial assistance 
provisions for licensing proceedings only applies to Federal 
MRS facilities.

Development of a permanent repository

    Title II of the legislation addresses issues associated 
with moving forward with the permanent disposal repository at 
the Yucca Mountain, Nevada site, as Congress designated in 1987 
and affirmed in 2002. The provisions will assist DOE in 
completing the statutorily required NRC review of the pending 
license application, protect funding for national security 
programs, and acknowledge the State of Nevada's concerns 
regarding transportation routes to the repository site.
    As previously noted, completing the NRC's review will help 
inspire public confidence in the repository by having Nevada's 
contentions adjudicated and ruled on by independent safety 
judges and regulatory staff.
    Section 201 permanently withdraws the land at the site for 
use by DOE for repository operations.\54\ NRC staff noted DOE 
has not yet demonstrated the repository site would be used for 
any other purpose over the course of the project.\55\ This 
section will fulfill NRC's requirement. All authority within 
the withdrawal is vested in the Secretary of Energy.
---------------------------------------------------------------------------
    \54\The legislation is substantially the same as language that was 
submitted to Congress in 2007 by DOE.
    \55\See testimony from Josephine Piccone, Director of NRC's Yucca 
Mountain Directorate at Subcommittee on Environment and the Economy 
hearing, ``Update on the Current Status of Nuclear Waste Management 
Policy,'' May 15, 2015.
---------------------------------------------------------------------------
    Section 201(e)(2)(C) requires the Secretary to develop a 
management plan for use of the withdrawal. In developing the 
management plan, the Secretary shall consult with the Secretary 
of Air Force regarding the portion of the withdrawal within the 
Nellis Air Force Base Test and Training Range. Nothing in this 
legislation affects previous usage agreements between DOE and 
the Air Force. To address previous concerns from the Air Force, 
DOE selected a preferred route that would not impact operations 
at the base.
    The legislation limits the requirements of the Solid Waste 
Disposal Act for material that is transported to the repository 
or for disposal in the repository. This provision will provide 
DOE optionality to dispose of ``mixed waste'' material or 
material that contains material regulated both under the Atomic 
Energy Act as well as hazardous waste under the requirements of 
the Solid Waste Disposal Act. This provision does not change 
existing requirements applied to the regulation of the material 
or state permitting authorities.
    The land withdrawal provisions only become effective if the 
Commission issues a final decision approving a construction 
authorization to DOE for the Yucca Mountain repository, except 
for provisions describing the withdrawal's boundary, the 
material requirements, and definitions.
    The legislation updates certain application procedures 
associated with NRC's consideration of the pending Yucca 
Mountain construction authorization. For example, the NWPA 
mandated the NRC complete the review of the construction 
authorization within three years of DOE's submission. However, 
due to the Obama Administration's attempts to withdraw the 
license application and DOE not being a willing applicant, the 
deadline is no longer applicable. The legislation updates this 
requirement to provide NRC 30 months after the date of the 
bill's enactment to issue a final decision on the construction 
authorization.
    If the Commission approves the construction authorization, 
the legislation provides for the use of informal hearing 
procedures to amend the authorization to minimize potentially 
burdensome processes. This provision does not apply to NRC's 
regulations required to issue a receive and possess license.
    The legislation authorizes DOE to undertake activities at 
and surrounding the site to develop supporting infrastructure. 
Such activities may assist DOE in preparing the site in a more 
expeditious manner to construct, license and operate the 
repository. Any supporting infrastructure activities may not be 
grounds for the NRC to disapprove of the construction 
authorization. Section 203 affirms that enactment of the 
legislation does not require the Secretary to modify or amend 
the pending license application.
    Section 204 prohibits DOE from conducting any activity in 
support of a defense-waste only repository until the NRC has 
issued a final decision on the Yucca Mountain construction 
authorization. The development of the Yucca Mountain repository 
is the quickest path to dispose of our nation's HLW from atomic 
energy defense activities. Further, a single common repository 
allows the commercial ratepayers and defense budget accounts to 
share the overall cost of developing a disposal facility. To 
date, American taxpayers, through national defense accounts to 
pay for nuclear waste disposal, have paid $3.7 billion towards 
Yucca Mountain,\56\ in addition to the expenditures from the 
Nuclear Waste Fund. The Committee heard from witnesses on the 
importance of continuing to share repository costs for disposal 
of both commercial and government SNF and HLW.\57\
---------------------------------------------------------------------------
    \56\Letter from Secretary of Energy Ernest Moniz to Committee on 
Energy and Commerce Chairman Fred Upton, May 15, 2015.
    \57\See Mr. Steve Nesbit, on behalf of NIC, ``We are very much in 
favor of [Section 205.] I think it is a win-win for both the customers 
of nuclear-generated electricity, the burden that they bear, and the 
taxpayers who bear the burden of funding the disposal of so-called 
defense waste.''
---------------------------------------------------------------------------
    Section 205 recognizes the concerns raised by Nevada 
stakeholders regarding the shipment of SNF or HLW through 
population centers. In hearings during the 114th Congress and 
during the legislative hearing in April 2017, some Members of 
Congress representing Nevada objected to moving forward with 
the repository under the existing NWPA framework.\58\ Among the 
identified concerns was the potential impact on tourism due to 
transportation through Clark County, Nevada. DOE has previously 
conducted substantial research on potential transportation 
routes and identified a preferred transportation route that 
largely avoids Las Vegas. However, the legislation acknowledges 
these concerns through the Sense of Congress.
---------------------------------------------------------------------------
    \58\Committee on Energy and Commerce Subcommittee on Environment 
and the Economy hearing ``Federal, State, and Local Agreements and 
Associated Benefits for Spent Nuclear Fuel Disposal,'' July 7, 2016 and 
``H.R. __, the Nuclear Waste Policy Amendments Act of 2017.''
---------------------------------------------------------------------------

Transfer of ownership to the Department of Energy

    Title III authorizes DOE to modify the existing contracts 
to take title to SNF to go also to an MRS facility, with a 
priority placed on sites that have permanently ceased 
commercial operation. Currently, the Standard Contract 
governing the Department's legal obligations for SNF are 
conditioned on DOE taking title for disposal. The legislation 
should not be interpreted to require a change in contract; 
however, based on DOE's existing authority and in agreement 
with the contract holder, the intent of the section is to 
encourage the Department to prioritize decommissioned SNF to 
MRS facility.
    The provision is not intended to permit DOE to take title 
to SNF at the existing sites. The Committee received testimony 
expressing the concern that DOE would take ownership to the SNF 
without moving the used fuel offsite.\59\ The legislation 
supports the ``delivery and acceptance'' policy that the 
Department only satisfies its obligations to take title to SNF 
when the SNF is removed from the site.
---------------------------------------------------------------------------
    \59\The Honorable Anthony J. O'Donnell, Commissioner, Maryland 
Public Service Commission, Chairman, NARUC Subcommittee on Nuclear 
Issues-Waste Disposal. Testimony on behalf of the National Association 
of Regulatory Utility Commissioners before the United States House of 
Representatives Committee on Energy and Commerce Subcommittee on 
Environment, ``H.R. __, the Nuclear Waste Policy Amendments Act of 
2017. April 26, 2017. See also letter from NARUC Executive Director 
Greg White, NARUC has ``one significant concern: section 301's 
discussion of the requirements for DOE to take title to waste should be 
clarified to assure that DOE cannot simply `take title' of waste where 
it is currently being stored.''
---------------------------------------------------------------------------

State and local engagement and benefits

    A constructive dialogue with the repository host State will 
help foster trust and improve nuclear waste management program 
execution. Nevada's position in opposition to the repository 
has delayed the facility by decades, resulted in numerous legal 
challenges, and cost American taxpayers tens of billions of 
dollars. While the most important path for Nevada is the 
opportunity to adjudicate the State's contentions on the 
pending construction authorization, the legislation seeks to 
provide an opportunity for Nevada, and its counties, to discuss 
a path forward.
    Title IV of the legislation amends Subtitle F and Subtitle 
G of the NWPA to allow Nevada to benefit as the repository host 
State, updates the benefits schedule, enables Nevada counties 
to directly enter into benefits agreements with DOE, provides 
for additional non-financial benefits, and makes conforming 
changes to the NWPA.
    While Congress afforded Nevada the opportunity to enter 
into a benefits agreement, Nevada did not want to create any 
appearance that it supported the site selection and refused to 
discuss potential benefits. Section 401 clearly states that 
entering into a benefits agreement is not an expression of 
consent. This provision should assure the State that it does 
not waive its right to adjudicate contentions on the pending 
license application or any future activity because it engages 
with DOE for the purposes of entering into a benefits 
agreement.
    The bill updates the amount of funding available through 
the benefits schedule as described in Section 171(a)(1) of the 
NWPA. The legislation increases the amount of the annual 
payments to the State prior to arrival of first spent fuel from 
$10 million to $15 million; the amount upon first spent fuel 
receipt from $20 million to one percent of the balance of the 
Nuclear Waste Fund on the date of enactment of the legislation, 
which would currently total approximately $375 million; and the 
amount for annual payments after first spent fuel receipt until 
the closure of the facility to one tenth of one percent of the 
current balance of the Nuclear Waste Fund, which would 
currently total approximately $37 million each year and nearly 
$4 billion over the course of the repository project.
    The significant increase in the level of funding when first 
spent fuel arrives more accurately reflects the increased cost 
to the Federal government of inaction. The funding of first 
spent fuel receipt and annual payments thereafter would not be 
subject to appropriation to assure Nevada that the money would 
be available. This will help the State plan accordingly during 
the budget development process. This level of funding is a 
baseline. The section allows DOE and the State to negotiate a 
higher level of funding, if documented and justified.
    The bill sets restrictions on the funding set forth in the 
benefits schedule. These restrictions limit the State from 
using Federal funding to oppose Department and Federal 
government repository activities. Waste Fund money may not be 
used for activities that are contrary to the purpose of the 
Nuclear Waste Policy Act.
    Additionally, the legislation amends the required 
components of the benefits agreement by striking section 
171(b)(2), which required the State to waive its rights to 
disapprove of the recommendation of the site for a repository. 
As previously noted, Nevada refused to waive its rights to 
disapprove of the site recommendation in order to receive 
limited benefits agreement funding. Striking this paragraph 
requalifies the State to enter into a benefits agreement.
    Section 403 adds a new section to the NWPA to authorize the 
Secretary of Energy to enter into a benefits agreement with a 
covered unit of local government. The NWPA authorized only one 
benefits agreement for a repository that was to be entered into 
with the State of Nevada. Further, the benefits agreement 
between Nevada and DOE required the State to transfer not less 
than one-third of the amount of the payment to affected units 
of local government (AULG), as defined by the NWPA.\60\ Because 
of the State's refusal to discuss benefits with DOE, affected 
units of local government were negatively impacted. Adding this 
new section would remedy this situation by enabling dialogue 
directly between DOE and Nevada counties.
---------------------------------------------------------------------------
    \60\DOE recognizes ten affected units of local government including 
Mineral County, Lander County, Churchill County, Lincoln County, Eureka 
County, Nye County, White Pine County, Clark County, Esmeralda County, 
and Inyo County (CA).
---------------------------------------------------------------------------
    Prior to entering into an agreement under the new section 
172A, the required report under section 175(b) must be 
completed. Completing this report will provide a basis to 
inform the total funding level subject to the benefits 
agreement. These agreements must be based on realistic 
potential impacts and it is expected that these agreements will 
not be uniform, but tailored to the respective potential impact 
of repository activities undertaken by the Department. Under 
this rationale, it is expected that Nye County would receive 
the most robust agreement, followed by Lincoln and Clark 
Counties.
    For the purposes of this section, the bill defines covered 
units of local government to include both affected units of 
local government, as defined by the Act, but also all units of 
general local government in the State of Nevada. This qualifies 
an additional seven counties to negotiate agreements with DOE.
    The legislation provides the same restrictions on funding 
to covered units of local government that are on the funding 
authorized under section 171 benefits agreements; Federal money 
cannot be used to oppose or contravene the development of the 
repository. Additionally, because these agreements would 
directly support repository efforts, the Waste Fund is 
authorized to fund the agreements.
    The legislation amends section 170 to note that only one 
agreement with the State of Nevada may be in effect at one 
time, but does not prohibit the Secretary from negotiating 
multiple benefits agreements with State under section 170 and 
covered units of local government under section 172A. The 
Secretary should balance the need to advance constructive 
conversations with State and local stakeholders with the total 
financial needs to be supported through the Waste Fund.
    The benefits agreements are terminated if the NRC 
disapproves of the construction authorization for the 
repository.
    While the focus of the benefits agreements under sections 
170 and section 172A is on financial transactions, benefits 
agreements should not be limited solely to financial 
compensation. DOE and Nevada should identify other 
opportunities to ensure that the items identified in the 
section 175 report may be addressed. Doing so will establish 
more durable partnerships.
    Section 405 inserts a new section into the NWPA to require 
expenditures that the Secretary authorizes from the Waste Fund 
for institutions of higher education to be prioritized to 
institutions located in the host State. If Waste Fund money to 
develop a repository is to go to universities, Nevada 
universities should receive that money to help develop academic 
expertise and programs.
    The legislation requires a portion of potential future 
economic benefits from used fuel to be reserved to the State to 
further compensate Nevada for hosting the facility. While 
reprocessing spent nuclear fuel is currently not cost effective 
in the United States, if such a program is pursued in the 
future, Nevada would further benefit. The legislation does not 
dictate what percentage of value should be provided to the 
State; however, the Secretary, in consultation with the 
Governor and the Review Panel established by section 172, shall 
determine the terms of compensation.
    Congress required the Secretary to report to Congress on 
the potential impacts of locating a repository at the Yucca 
Mountain site within one year of the Nuclear Waste Policy 
Amendments Act of 1987. The Secretary submitted this report to 
Congress in 1988; however given the considerable advancement in 
the repository program and developments in Nevada, the 
conclusions of the original report may be out of date.\61\ The 
potential impacts to be examined are wide ranging and include 
impacts on education, public health, law enforcement, fire 
protection, medical care, distribution of public lands, 
vocational training and employment services, social services, 
transportation, emergency preparedness personnel, availability 
of energy, tourism and economic development, and any other 
needs associated with the construction, operation, and eventual 
closer of the repository facility. Section 407 of the 
legislation requires the Secretary provide a report directed 
under section 175(a) of the NWPA within one year after 
enactment of the bill.
---------------------------------------------------------------------------
    \61\U.S. Department of Energy, Office of Civilian Radioactive Waste 
Management, ``Section 175 Report; Secretary of Energy's Report to the 
Congress Pursuant to Section 175 of the Nuclear Waste Policy Act, As 
Amended,'' December 1988.
---------------------------------------------------------------------------
    While benefits agreements will not replace the State's 
interest in assuring the protection of public health and safety 
of Nevadans, the combination of provisions within this 
legislation give the opportunity to be appropriately 
compensated for hosting the repository.

Financing and funding of Nuclear Waste Management Program

    As noted above, Congress set up the nuclear waste 
management program as a ``fee for service'' model in which the 
consumers of nuclear energy paid a fee through nuclear power 
utilities to fund a disposal program. However, this model never 
fully functioned as intended. This resulting model has severely 
hampered the Department's program and ability to dispose of 
used fuel.
    Title V of the legislation reforms portions of this 
financing mechanism to more equitably treat ratepayers, provide 
certainty to DOE's program management, and make it easier for 
Congress to appropriate Nuclear Waste Fund money for its 
intended purposes, without taking resources away from other 
priority programs across the Federal government.
    Managing a multi-generational infrastructure project poses 
major challenges for assuring that adequate funding is 
available to the program when needed. Predictable and 
sufficient funding levels are imperative not just to help the 
Department, but also for all authorized uses under the NWPA, 
including funding for AULGs and Nevada to participate in the 
licensing process, for Payments Equal to Taxes (PETT), for 
state and local transportation stakeholders, and for benefits 
agreement authorized under Subtitles F and G. The availability 
of funding is central to the program's success.
    The Nuclear Waste Fund currently maintains a balance of 
approximately $37 billion and the value increases annually, 
even over the previous three years when no new fees were being 
collected, because the NWPA required DOE to invest in U.S. 
Treasury bonds to generate interest to capture the time value 
of money. Congress recognized that spent fuel generated today 
would be managed over decades, thus requiring that money 
provided to the Federal government should generate interest. In 
Fiscal Year 2016, approximately $1.4 billion in interest was 
generated according to DOE's Annual Financial Report.\62\\63\
---------------------------------------------------------------------------
    \62\Department of Energy, ``Fiscal Year 2016: Agency Financial 
Report,'' DOE/CF-0128. November 15, 2016.
    \63\The Congressional Budget Office does not recognize interest as 
revenue realized by the U.S. Treasury or to the Nuclear Waste Fund, but 
rather is considered as an intergovernmental transfer. For more 
information, see Congressional Budget Office testimony from December 3, 
2015 Subcommittee on Environment and the Economy hearing.
---------------------------------------------------------------------------
    Meanwhile, as payments to the Fund were collected the 
revenue was directed towards deficit reduction or to offset 
deficit spending of other government programs. Therefore, while 
there is a separate accounting of the Nuclear Waste Fund 
(currently about $37 billion), OMB has already allocated the 
value of those receipts under its unified Federal budget 
scoring method.
    DOE access to the existing balance of the Fund is critical. 
Because the current balance of the Fund increasing annually, 
the Fund will continue to grow at an appreciable rate. Absent 
the assurance that DOE will spend the previously collected 
money, DOE may face challenges restarting collection of the 
fee. If DOE is prohibited from restarting the fee, no new 
revenue from Fund payments will be realized by the U.S. 
Treasury. This, under OMB and CBO accounting rules, would 
worsen our Federal deficits.
    Throughout the oversight and legislative hearings, the 
Committee consistently heard about the need to address the 
funding mechanism. In December 2015, the Committee received 
expert testimony regarding the complexities of the fee 
collection, the Federal accounting of the money, and usage of 
the Fund. The Committee's legislative hearing on the discussion 
draft also included extensive support for the provisions to 
reform the fee collection, the budgetary treatment of the 
account, and the usage of the Waste Fund.\64\
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    \64\O'Donnell testimony, ``H.R. __, the Nuclear Waste Policy 
Amendments Act of 2017,'' and letter from Greg White, Executive 
Director, NARUC, to Chairman Greg Walden.
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    Title V addresses three funding challenges: (1) near-term 
funding while the pending Yucca Mountain construction 
authorization is adjudicated and approved or disapproved; (2) 
resolving the mismatched accounting applications between 
mandatory receipts and discretionary outlays when the fee is 
restarted; and, (3) making a portion of the previously 
collected funding available to the Department over the 
repository program's lifecycle. Each of these provisions have 
equal importance and will help sustain a program moving 
forward.\65\
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    \65\See Subcommittee on Environment hearing on April 26, 2017. 
Congressman Flores asked the witnesses if the provisions to reform the 
NWF and financing mechanisms are an important improvement from the 
existing mechanism. Mr. Sproat answer ``yes.'' Mr. O'Donnell said the 
provisions would help enable a program to properly fund nuclear waste 
management activities and Mr. Nesbit also agreed it would help the 
program.
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    First, the legislation prohibits DOE from resumption of the 
fee until the NRC makes a final decision approving or 
disapproving of the pending Yucca Mountain construction 
authorization. While the previous Administration terminated the 
Yucca Mountain program, shuttered OCRWM, sought to withdraw the 
license application, and established the BRC, ratepayers 
continued to pay over $750 million annually to the Waste Fund, 
specifically for activities authorized by the NWPA. However, 
DOE's activities ran contrary to the NWPA. The ratepayer fee 
collections continued until the D.C. Circuit Court of Appeals 
ordered DOE to stop collection, determining that there was no 
basis to justify the fee collection.\66\
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    \ 66\NARUC v. United States Department of Energy No. 11-1066, 
United States Court of Appeals for the District of Columbia Circuit. 
The notable opinion stated, DOE's analysis that the costs of disposal 
could run between a $2 trillion deficit and a $4.9 trillion surplus 
``reminds us of the lawyer's song in the Musical `Chicago,'--`Give them 
the old razzle dazzle.''
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    During this period, approximately two and a half billion 
dollars in fees were paid to the Waste Fund.\67\ While a 
significant balance exists in the Fund, the repository program 
has been stalled for almost eight years.\68\ Ratepayers must 
see tangible progress on waste management before reinstatement 
of the fee. The legislation thus prohibits DOE from resuming 
fee collection\69\ until the NRC makes a final decision 
approving or disapproving the issuance of the construction 
authorization. GAO reported the completion of the licensing 
process would take between three and five years.\70\
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    \67\See U.S. Department of Energy Office of Inspector General, 
Office of Audits & Inspections, ``Audit Report: Department of Energy's 
Nuclear Waste Fund's Fiscal Year 2011 Financial Statements,'' OAS-FS-
12-03. November 2011. Further OIG Audits for Fiscal Years 2012, 2013, 
2014, and Fiscal Year 2015.
    \68\Since May 2014, when the fee collection was halted, the Office 
of Management and Budget (OMB) and Congressional Budget Office (CBO) 
has continued to include fee receipts in annual and semi-annual budget 
projections. According to DOE, OMB and CBO projected $1.41 billion in 
estimated total NWF receipts since the fee was set to zero in 2014. The 
actual level of NWF receipts under section 302(a)(2) during this time 
period was zero dollars. See: Letter from Energy Secretary Rick Perry 
to Environment Subcommittee Chairman John Shimkus, dated October 2, 
2017.
    \69\The legislation does not address whether DOE can begin 
assessing the fee prior to NRC's final decision. It is the Committee's 
expectation that DOE would not make an assessment until the final 
decision has been made due to the uncertainties that are associated 
with the Commission's decision.
    \70\Government Accountability Office, ``Commercial Nuclear Waste: 
Resuming Licensing of the Yucca Mountain Repository Would Require 
Rebuilding Capacity at DOE and NRC, Among Other Key Step,'' GAO-17-340. 
April 26, 2017.
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    Once the Commission has issued a final decision on the 
Yucca Mountain construction authorization, DOE is authorized to 
resume fee collection. However, the legislation will address an 
underlying problem with the current funding set up with 
receipts classified as mandatory revenue, while expenditures 
are categorized as discretionary. The bill does so by 
bifurcating the ``fee adequacy'' determination by the Secretary 
into an assessment process and fee collection procedures.
    Prior to resumption of the fee, the Secretary must complete 
a lifecycle cost estimate for the repository program to 
determine how much funding will be required to support the 120-
year project. This total assessed value\71\ must be accounted 
for with respective commercial operating reactors and must be 
available to be collected when DOE demands payment.\72\ Once 
the assessment is complete, the Secretary must develop a 
process for the resumption of fee collection.
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    \71\The legislation does not state whether or not the assessment 
will generate interest during the period between assessment and 
collection. The Secretary has the authority to make that decision as 
part of the assessment and must take the decision into account as part 
of the lifecycle cost analysis.
    \72\Note Standard Contract currently governs the relationship 
between DOE and utilities, but there is authority to have conversation 
by all parties that could allow the Contract to be renegotiated. To fix 
a broken system, need to fix the underlying contract.
---------------------------------------------------------------------------
    Following the assessment and establishment of a collection 
process, the legislation limits the total amount collected on 
an annual basis to 90 percent of the appropriation. The 
collection is intended to help offset annual appropriations 
from the existing Fund corpus and thus limit the overall impact 
on budget allocations subject to annual caps, while also 
protecting ratepayers from having to pay the Federal government 
if DOE is not actively fulfilling the requirements of the NWPA. 
The Committee heard strong support for this provision to 
protect ratepayers,\73\ as well as the need to address this 
issue from former OCRWM officials.\74\ The Appropriations 
Committee also retains authority to access the balance in the 
Fund.
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    \73\NARUC Executive Director Greg White letter to Environment 
Subcommittee Chairman Shimkus on June 22, 2017, ``section 504 assures 
that the Secretary can only collect, through fees, 90 percent of 
amounts appropriated for any fiscal year--assuring any fees collected 
going forward are immediately available to the Secretary for waste-
related activities. If the NWF fee is restarted, this provision is 
absolutely crucial.''
    \74\When asked about the most critical provision in the 
legislation, Ward Sproat, former Director of OCRWM, said ``the very 
first or top priority is about getting the issues associated with the 
[NWF] fixed . . . so getting the issue around the [NWF] and the 
mismatch between the mandatory receipts and discretionary 
appropriations I would say is probably the top priority.
---------------------------------------------------------------------------
    The legislation amends the authorized usage of the Waste 
Fund by removing monitored retrievable storage from section 
302(d) of the NWPA. This restriction only applies to the MRS 
agreements authorized in Title I, or Subtitle C of the 
NWPA.\75\ The Committee is concerned about increasing financial 
demands on the Waste Fund, which would require an increased 
assessment and collection on ratepayers going forward. At the 
Committee's legislative hearing, the Committee received 
testimony that previous DOE analysis of interim storage would 
impose additional costs and require a higher fee.\76\ 
Currently, the fleet of commercial nuclear power plants are 
facing economic challenges partially due to market impacts. The 
Committee is concerned that forcing new costs onto the industry 
relating to storage would worsen the economic outlook for 
nuclear power plants.
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    \75\Title I of H.R. 3053 authorizes expenditures for MRS agreements 
from the general fund and subject to appropriations.
    \76\See DOE, ``Report to Congress on the Demonstration of the 
Interim Storage of Spent Nuclear Fuel from Decommissioned Nuclear Power 
Reactor Sites.'' DOE/RW-0596. December 2008.
---------------------------------------------------------------------------
    Prohibiting Waste Fund expenditures for MRS facilities also 
will ensure that DOE remains focused on the overall disposal 
policy of the NWPA. The Committee recognizes that nuclear waste 
management programs cannot be entirely delineated between MRS 
and permanent disposal; the system must be integrated. The 
legislation does not prohibit the Fund from being used for 
overall management activities and other activities such as 
transportation to an MRS, so long as those activities are 
integrated into a permanent disposal program.
    Section 503 amends the NWPA to require DOE to update its 
budgetary projections annually, rather than the current 
requirement for a triannual update. Under the revised 
collection method, which would likely result in collections 
increasing or decreasing depending on program need and 
Congressional appropriation, it is important for Public Service 
Commissions and utilities to have a reasonable expectation of 
near-term collection amounts. Requiring DOE to update 
projections annually will allow for more transparency in the 
collection process, subject to appropriation.
    As previously discussed, it is critical for DOE to have 
access to the previously collected funding in a predictable 
manner, while still assuring Congress can annually conduct 
program management. To achieve this policy goal, section 504 
makes certain amounts of the Fund available to DOE for 
specified purposes over the course of the project.\77\ These 
amounts will ensure that the program has a minimal level of 
funding for some basic operations at the repository, while 
still ensuring Congress can exercise annual oversight of the 
program. The bill makes the following amounts available, not 
subject to future appropriation:
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    \77\See examples from April 26, 2017 Subcommittee on Environment 
hearing. Mr. Anthony O'Donnell stated the provision ``is essential to 
the central component from NARUC's perspective on this draft 
legislation.'' Mr. Sproat said ``whatever the legislation that is 
required to be able to give the Department access to the corpus of the 
fund as well as the interest being generated on the fund in a manner 
that meets the construction, the optimum construction expenditure 
profile, needs to be figured out how to do that.''
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     One percent of the balance of the Fund on the date 
of enactment, available to the State of Nevada when first SNF 
arrives at the site. That amount would currently equal 
approximately $370 million.
    This provides a baseline of funding, but does not prohibit 
DOE and Nevada from having additional funding pursuant to the 
benefits agreements.
     One tenth of one percent of the balance of the 
Fund on the date of enactment available to the State of Nevada 
for each fiscal year for the course of the project until the 
site is closed. That amount is approximately $37 million 
annually.
    This provides a baseline of funding, but does not prohibit 
DOE and Nevada from having additional funding pursuant to the 
benefits agreements.
     One percent of the balance of the Fund on the date 
of enactment available to DOE starting in the first fiscal year 
in which SNF or HLW is received at the repository site and for 
the 25 years thereafter, available only for the purposes of 
repository operations at the site. This funding shall not be 
used for transportation, program management, or associated Fund 
costs. The additional annual funding required to manage the 
program must be appropriated by Congress.
    This funding, approximately $370 million annually, would 
prevent future political interference through the 
appropriations process.
    The most recent Total System Life Cycle Cost Report (TSLCC) 
for the Yucca Mountain program estimated that the repository's 
operational costs would be between $756 million and $877 
million during the first 25 years of operation.\78\ The funding 
under this bill will need to be supplemented through the 
appropriations process.\79\
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    \78\Department of Energy, ``Analysis of the Total System Life Cycle 
Cost of the Civilian Radioactive Waste Management Program, Fiscal Year 
2007,'' DOE/RW-0591. July 2008.
    \79\For a full understanding of the annual Yucca Mountain 
projections, see Appendix B, ``Annual Cost Profile,'' of the DOE TSLCC. 
Figure B1 and Table B1 compile the expected costs from 1983 through 
2133. These projections are the most credible and detailed analysis for 
the repository program and relied upon to inform the legislation. The 
Committee notes that while a 130-year cost profile of $96 billion 
appears significant, the existing liabilities due to inaction already 
total nearly $30 billion in less than 20 years of partial breach of 
contract. The annual cost of inaction and associated litigation exceeds 
the annual cost to develop, construct, operate, decommission, and close 
the Yucca Mountain repository.
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     Twenty percent of the balance of the Fund, 
approximately $7.4 billion, on the date of enactment available 
to DOE to acquire, install, and manage drip shields during the 
decommissioning phase.
    Installation of titanium drip shields during the project's 
decommissioning phase is a key engineered barrier component of 
the repository design to protect groundwater flow. This phase 
is expected to be initiated about 75 years after the repository 
begins operations and immediately precedes the closure of the 
site. Making this funding available will assure host 
communities and regulators that DOE will move forward with this 
design in the future.
    The 2008 TSLCC estimated the cost for waste package and 
drip shield fabrication to total approximately $7.6 billion 
throughout this phase of the project. The funding under this 
bill will need to be supplemented through the appropriations 
process.
    The legislation also makes available to DOE, without 
further appropriation, what are known as ``one-time fees,'' 
fees that utilities had deferred payment as authorized by the 
NWPA.\80\ The purpose of this provision is to help DOE manage 
the expected spike in costs that will accompany the project 
during the construction phase. The 2008 TSLCC projected costs 
during the construction phase to spike over $1.9 billion 
annually, with appropriations over $1 billion required for a 
decade during construction of the facility, the Nevada 
Transportation Project, and for associated transportation 
activities. This mechanism will allow Congress additional 
flexibility to direct limited funding to other program 
components and limit the potential to require significant fee 
collection. Similar to the funding for repository operations 
after first spent fuel is received at the site, this money may 
only be used for costs associated with the repository to assure 
that specific, discrete costs are covered while annual 
appropriations for program direction and oversight will still 
be necessary.
---------------------------------------------------------------------------
    \80\ See NWPA section 302(a)(3), ``For [SNF or HLW] derived from 
[SNF], which fuel was used to generate electricity in a civilian 
nuclear power reactor prior to the application of the [annual fee] 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 [SNF or HLW].
---------------------------------------------------------------------------

Miscellaneous program provisions

    Title VI of the legislation addresses miscellaneous 
provisions to improve the management and execution of DOE's 
nuclear waste program and reflects amendments adopted during 
the Committee's consideration of the bill.
    The legislation requires EPA to decide whether generic 
repository standards developed over 35 years ago, and required 
by the NWPA, should be updated.\81\ However, this initial 
examination is delayed until after the NRC has made a decision 
on the pending construction authorization. Near-term resources 
should be directed towards completing that process and any 
standards relating to generic repository would only be 
necessary after Yucca Mountain begins operations.
---------------------------------------------------------------------------
    \81\The BRC made a number of recommendations for developing future 
disposal facility standards, including closer coordination of EPA and 
NRC regulations, be based on scientifically possible and reasonable 
compliance, and be defined as performance standards are developed.
---------------------------------------------------------------------------
    This section does not affect the existing Yucca Mountain 
site specific standards under 10 CFR Part 63, promulgated as a 
result of EPACT 1992.\82\ NRC will consider all licensing 
proceedings and related regulatory activities for the Yucca 
Mountain repository under those existing standards.
---------------------------------------------------------------------------
    \82\NRC's regulations for Yucca Mountain are under 10 CFR Part 63, 
while the generic repository standards are under 10 CFR Part 60.
---------------------------------------------------------------------------
    Section 602 strikes section 135(h) of the NWPA, which 
states:

          [N]othing in the 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 NWPA enactment.]

    This section makes a conforming change to align with the 
authority under Title I of the legislation, which provides DOE 
authority to enter into an MRS agreement to store SNF with a 
non-Federal entity.
    The Committee received testimony discussing challenges 
associated with state and local stakeholders to adequately plan 
for the transportation of spent nuclear fuel.\83\ Section 
180(c) of the NWPA authorizes DOE to provide grants to help 
with the safe and secure transport of shipments. However, DOE 
has previously interpreted section 180(c) to authorize only 
training funding, rather than financial assistance for 
operational safety when the transportation campaign is 
initiated. Mr. Kelly Horn, on behalf of the Midwestern 
Radioactive Materials Transportation Committee of the Council 
of State Governments, noted that DOE's narrow interpretation 
would limit the effectiveness of the funds.\84\ The legislation 
acknowledges the potential negative impact and financial stress 
on state transportation organizations and clarifies the 
allowable use of DOE grants to plan for SNF and HLW 
transportation activities.
---------------------------------------------------------------------------
    \83\Committee on Energy and Commerce Subcommittee on Environment 
and the Economy, ``Transporting Nuclear Materials: Design, Logistics, 
and Shipment,'' October 1, 2015.
    \84\Mr. Kelly Horn, testimony before the Committee on Energy and 
Commerce Subcommittee on Environment and the Economy hearing, 
``Transporting Nuclear Materials: Design, Logistics, and Shipment,'' 
October 1, 2015.
---------------------------------------------------------------------------
    The legislation amends the Department of Energy 
Organization Act to transfer all the responsibilities currently 
assigned to the Assistant Secretary responsible for nuclear 
waste management\85\ to the OCRWM Director and to reassert the 
need to designate OCRWM as the specific, dedicated office in 
DOE to manage its nuclear waste program. When the Secretary of 
Energy closed OCRWM in 2010, citing authority under the 
Department of Energy Organization Act, all nuclear waste 
activities were transferred to DOE's Office of Nuclear Energy. 
Managing DOE's nuclear waste should not compete with other 
high-priority activities that are overseen as part of DOE's 
commercial civilian nuclear energy activities.
---------------------------------------------------------------------------
    \85\There is not currently, nor has there ever existed a DOE 
Assistant Secretary for Nuclear Waste Management.
---------------------------------------------------------------------------
    As part of the legislation to reestablish OCRWM, section 
603 establishes a five-year, fixed-term appointment for the 
OCRWM Director. In doing so, the Department's nuclear waste 
management program will gain continuity throughout presidential 
administrations, which is important for State and local 
stakeholders. A fixed-term will also elevate the position to 
inspire confidence in potential candidates who must be 
nominated by the President and confirmed by the Senate.\86\ The 
key quality is project management for a director because of the 
many different program elements that are critical for program 
success.
---------------------------------------------------------------------------
    \86\A total of six Senate-confirmed OCRWM Directors served in the 
position from the establishment of the office in 1983 through 2009, 
when the office was closed. Throughout this time period, the position 
was consistently filled with an Acting Director. In many cases, the 
tenure lasted considerably less than the four-year term of a 
Presidential Administration. For example, John Bartless was confirmed 
by the Senate on April 5, 1990, Ivan Itkin was confirmed on November 
19, 1999, and Edward Sproat was confirmed on May 26, 2006.
---------------------------------------------------------------------------
    The bill allows for the Director to be re-nominated for an 
additional five-year term and allows the Director to continue 
to serve while the Senate considers a pending nomination. This 
provision is intended to avoid repeated vacancies that plagued 
the program through various points of OCRWM's history. Acting 
Directors lack the full credibility and authority of a Senate-
confirmed Director. However, providing for a sitting Director 
to continue to serve does not obviate the need for timely 
nomination and confirmation.
    The President may remove the Director for inefficiency, 
neglect of duty, or malfeasance in office. Congress shall be 
notified if the President decides to remove the Director.
    During the Committee on Energy and Commerce markup on H.R. 
3053, the legislation was amended to include section 605 to 
require the Administrator of the Environmental Protection 
Agency to submit a report to Congress on the final remedy to be 
implemented at the West Lake Landfill and the expected 
timeline.
    The Committee also adopted two amendments to prohibit 
subseabed or ocean water disposal of spent fuel and a Sense of 
Congress that the Governments of the United States and Canada 
should not allow for permanent or long-term storage of spent 
nuclear fuel or other radioactive waste near the Great Lakes. 
The intent of the entire legislation is to provide a disposal 
pathway to the Yucca Mountain site and therefore, transport 
spent nuclear fuel from existing sites surrounding the Great 
Lakes to the deep, geologic repository.

                            Committee Action

    On April 26, 2017, the Subcommittee on Environment held a 
hearing on H.R. 3053. The Subcommittee received testimony from:
           Dean Heller (NV), Member, U.S. Senate;
           Ruben Kihuen (NV), Member, U.S. House of 
        Representatives;
           Dina Titus (NV), Member, U.S. House of 
        Representatives;
           Jacky Rosen (NV), Member, U.S. House of 
        Representatives;
           Joe Wilson (SC), Member, U.S. House of 
        Representatives;
           Ward Sproat, former Director, Office of 
        Civilian Radioactive Waste Management, Department of 
        Energy;
           Anthony O'Donnell, Chairman, Nuclear Issues 
        Subcommittee, National Association of Regulatory 
        Utility Commissioners;
           Ed Lyman, Senior Scientist, Global Security 
        Program, Union of Concerned Scientists;
           Steven P. Nesbit, Chairmen, Backend Working 
        Group, Nuclear Infrastructure Council; and,
           Mark McManus, General President, United 
        Association.
    Additionally, in the 114th Congress, the Committee heard 
from 37 witnesses over the course of 9 hearings which discussed 
components of a nuclear waste management program and associated 
challenges. These include:
           Subcommittee on Energy and Power, ``The 
        Fiscal Year 2016 Department of Energy Budget,'' on 
        February 9, 2015;
           Subcommittee on Energy and Power, ``The 
        Fiscal Year 2017 Department of Energy Budget,'' on 
        February 29, 2016;
           Subcommittee on Energy and Power and 
        Subcommittee on Environment and the Economy ``Oversight 
        of the Nuclear Regulatory Commission,'' on September 9, 
        2015;
           Subcommittee on Energy and Power and 
        Subcommittee on Environment and the Economy ``Fiscal 
        Year 2017 Nuclear Regulatory Commission Budget,'' April 
        18, 2016;
           Subcommittee on Environment and the Economy, 
        ``Update on the Current Status of Nuclear Waste 
        Management Policy,'' on May 15, 2015;
           Subcommittee on Environment and the Economy, 
        ``Transporting Nuclear Materials: Design, Logistics, 
        and Shipment,'' on October 1, 2015;
           Subcommittee on Environment and the Economy, 
        ``Update on Low-Level Radioactive Waste Disposal 
        Issues,'' on October 28, 2015;
           Subcommittee on Environment and the Economy, 
        ``The Nuclear Waste Fund: Budgetary, Funding, and 
        Scoring Issues,'' on December 3, 2015; and
           Subcommittee on Environment and the Economy, 
        ``Federal, State, and Local Agreements and Associated 
        Benefits for Spent Nuclear Fuel Disposal,'' on July 7, 
        2016.
    On June 15, 2017, the Subcommittee on Environment met in 
open markup session and forwarded the Committee Print entitled 
``Nuclear Waste Policy Amendments Act of 2017,'' without 
amendment, to the full Committee by a voice vote. H.R. 3053 was 
introduced on June 26, 2017, and was substantially similar to 
the Committee Print forwarded by the Subcommittee. On June 28, 
2017, the full Committee on Energy and Commerce met in open 
markup session and ordered H.R. 3053, as amended, favorably 
reported to the House by a record vote of 49 yeas and 4 nays.

                            Committee Votes

    Clause 3(b) of rule XIII requires the Committee to list the 
record votes on the motion to report legislation and amendments 
thereto. The following reflects the record votes taken during 
the Committee consideration:


                 Oversight Findings and Recommendations

    Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII, the Committee held a hearing on April 26, 2017, and 
made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    Pursuant to clause 3(c)(2) of rule XIII, the Committee 
finds that H.R. 3053 would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII, 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, October 4, 2017.
Hon. Greg Walden,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3053, Nuclear 
Waste Policy Amendments Act of 2017.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 3053--Nuclear Waste Policy Amendments Act of 2017

    Summary: Under the Nuclear Waste Policy Act (NWPA), the 
federal government, through the Department of Energy (DOE), is 
responsible for permanently disposing of the nation's nuclear 
waste in a geologic repository at Yucca Mountain, Nevada. H.R. 
3053 would not change that fundamental requirement, but would 
temporarily limit DOE's authority to collect certain fees 
charged to utilities with nuclear plants to cover the costs of 
disposing of the waste they generate and would authorize DOE to 
enter into agreements to provide benefits to state, local, and 
tribal governments that might host or be affected by facilities 
related to the waste management program.
    In general, CBO expects that enacting H.R. 3053 would not 
significantly change the overall magnitude of the long-term 
costs the government will incur under the NWPA (tens of 
billions of dollars over multiple decades). However, relative 
to CBO's 10-year baseline projections, we estimate that 
enacting the bill would increase direct spending over the next 
10 years. In particular, the bill would reduce projected 
receipts from certain fees (which are treated as reductions in 
direct spending) that utilities might otherwise pay by about 
$1.5 billion and would increase direct spending for payments to 
state, local, and tribal governments by $260 million over the 
2018-2027 period.
    However, the House Committee on the Budget has directed CBO 
to estimate the budgetary effects of H.R. 3053 on the 
assumption that, under current law, the utilities will pay none 
of the affected fees over the 2018-2027 period. On that basis, 
CBO estimates that enacting H.R. 3053 would not reduce 
projected receipts, but would increase direct spending by $260 
million over the 2018-2027 period.
    In addition, assuming appropriation of the authorized and 
estimated amounts, CBO estimates that implementing the bill 
would have discretionary costs of $300 million over the next 10 
years.
    Pay-as-you-go procedures apply because enacting H.R. 3053 
would affect direct spending. Enacting the bill would not 
affect revenues.
    CBO estimates that enacting H.R. 3053 would increase net 
direct spending after 2027. However, CBO cannot determine 
whether such net increases would exceed $5 billion in one or 
more of the four consecutive 10-year periods beginning in 2028 
because the bulk of such increases would depend on whether a 
geologic repository at Yucca Mountain is licensed, built, and 
put into operation. Whether such events occur depends on 
factors that lie beyond the scope of this legislation--namely, 
what the outcome is for the Nuclear Regulatory Commission's 
(NRC's) review of DOE's application for a license to construct 
a geologic repository at Yucca Mountain and whether the 
Congress provides the funding necessary for DOE to establish 
such a facility and carry out other activities related to the 
disposal of nuclear waste.
    H.R. 3053 would impose intergovernmental mandates as 
defined in the Unfunded Mandates Reform Act (UMRA). The bill 
would preempt state and local regulatory authority over 
hazardous waste that would be transported to and stored in a 
nuclear waste repository in Nevada. Although the preemption 
would limit the application of state and local laws and 
regulations, CBO estimates that the preemption would impose no 
duty on state or local governments that would result in 
additional spending or a loss of revenues.
    H.R. 3053 also would impose a private-sector mandate as 
defined in UMRA on owners of mining claims by prohibiting 
mining on federal land withdrawn from public land laws for the 
construction of a repository. Based on information about the 
number of mining claims in the area and the value of mining 
claims on federal land, CBO estimates that the cost of the 
mandate would fall below the annual threshold established in 
UMRA for private-sector mandates ($156 million in 2017, 
adjusted annually for inflation).
    Background: Under the NWPA, the federal government faces 
substantial costs to implement a program to permanently dispose 
of the nation's nuclear waste.\1\ Under the law, the only 
authorized means of disposal involves constructing a geologic 
repository, and Yucca Mountain, Nevada, is the only authorized 
site where such a repository can be located. In 2008, DOE 
submitted to the NRC an application for a license to construct 
a repository at Yucca Mountain. However, starting in 2010, the 
Administration took a variety of actions to terminate that 
project. Since that time, the Congress has provided no new 
funding for the Yucca Mountain project. Meanwhile, after 
exhausting funds made available for the licensing effort, both 
DOE and the NRC have no effective capability to carry out the 
regulatory activities that must be completed before DOE can 
implement a program to dispose of nuclear waste.\2\ (However, 
the Administration has requested funding to resume licensing 
activities in 2018.)
---------------------------------------------------------------------------
    \1\For additional information about the federal government's 
responsibilities and liabilities under the Nuclear Waste Policy Act, 
see the testimony of Kim Cawley, Chief, Natural and Physical Resources 
Cost Estimate Unit, Congressional Budget Office, before the 
Subcommittee on Environment and the Economy of the House Committee on 
Energy and Commerce, The Federal Government's Responsibilities and 
Liabilities Under the Nuclear Waste Policy Act (December 3, 2015), 
www.cbo.gov/publication/51035.
    \2\See Government Accountability Office, Commercial Nuclear Waste: 
Resuming Licensing of the Yucca Mountain Repository Would Require 
Rebuilding Capacity at DOE and NRC, Among Other Key Steps, GAO-17-340 
(April 2017), www.gao.gov/products/GAO-17-340.
---------------------------------------------------------------------------
    DOE has also incurred--and partially breached--contractual 
obligations to remove waste from existing nuclear facilities. 
Under contracts signed with electric utilities pursuant to the 
NWPA, in exchange for fees to cover the government's costs, DOE 
was scheduled to start removing waste from storage sites at 
power plants and transport it to a federal storage or disposal 
facility by 1998. After the government missed that deadline, 
utilities with nuclear plants began to successfully sue the 
government for resulting damages. By the end of fiscal year 
2016, utilities had received $6.1 billion in payments from the 
Judgment Fund (a permanent indefinite appropriation available 
to pay judicially and administratively ordered monetary awards 
against the United States).
    The potential timing and magnitude of additional spending 
that must occur to enable the government to meet its 
obligations under the NWPA and the extent to which federal 
costs will be defrayed by fees from nuclear utilities are all 
uncertain. Resuming activities to execute the program currently 
authorized under that law will require a significant and 
sustained increase in federal appropriations to rebuild DOE's 
and the NRC's capacity to complete licensing activities and to 
construct the facilities and infrastructure authorized under 
the act and CBO cannot predict whether the necessary funding 
will be provided.\3\ Likewise, although the NWPA requires DOE 
to charge fees to nuclear utilities to cover the government's 
cost to dispose of the waste they generate, the extent to which 
the Secretary will exercise his discretion, under current law, 
to assess and collect such fees is uncertain, particularly in 
light of recent legal proceedings.
---------------------------------------------------------------------------
    \3\In 2008, DOE estimated that costs associated with geologic 
disposal of civilian and defense-related nuclear waste (including those 
related to transportation and project management) would total $96 
billion (in 2007 dollars) over a period of more than 100 years. See 
Department of Energy, Office of Civilian Radioactive Waste Management, 
Analysis of the Total System Life Cycle Cost of the Civilian 
Radioactive Waste Management Program, Fiscal Year 2007, DOE/RW-0591 
(July 2008), http://go.usa.gov/cjmtG. In addition, the NRC previously 
estimated that completing activities related to its review and 
adjudication of DOE's application for a license to construct a 
repository at Yucca Mountain would cost $330 million.
---------------------------------------------------------------------------

                       CBO'S BASELINE PROJECTIONS

    On the basis of underlying provisions of the NWPA, federal 
cash flows related to the nuclear waste program involve a mix 
of discretionary spending and mandatory spending.
    Under the NWPA, spending from the NWF is not automatically 
triggered by the collection of fees or transfers of amounts 
credited as intragovernmental interest. Instead, it is 
controlled by annual appropriation acts, and is therefore 
considered discretionary spending. Under current law, no 
discretionary spending is occurring for permanent geologic 
disposal as authorized under the NWPA; as a result, CBO's 
baseline projections include no such spending.
    In contrast, fees paid by nuclear utilities are governed by 
statutory provisions of the NWPA and the terms of contracts 
entered into pursuant to that act. As a result, they are 
classified as offsetting receipts, which are credited against 
mandatory spending. Likewise, ongoing spending for DOE's 
liabilities stemming from its partial breach of those contracts 
is classified as mandatory spending because the source of such 
spending--the Treasury's Judgment Fund--is governed by 
underlying law that provides permanent, indefinite budget 
authority for such payments.

Projected receipts from nuclear waste fees

    CBO's baseline projections of receipts from fees paid by 
utilities reflect uncertainty about events that could transpire 
under current law. Following litigation in which the nuclear 
industry challenged DOE's authority to collect annual fees, DOE 
complied, in 2014, with a court order to reduce the rate of the 
fees from $0.001 per kilowatt hour (kwh) of electricity 
generated by nuclear power to $0.0 per kwh.\4\
---------------------------------------------------------------------------
    \4\The National Association of Regulatory Utility Commissioners and 
the Nuclear Energy Institute filed petitions with the U.S. Court of 
Appeals for the District of Columbia Circuit to end the federal 
government's collections of annual fees. In 2013, that court found that 
DOE had failed to provide a legally justifiable basis for continuing to 
collect fees in the absence of an identifiable strategy for waste 
management. The court ordered the Secretary of Energy to reduce the 
annual fee to zero until the agency either justifies a reinstatement of 
annual fees with a new study on the adequacy of the balances in the NWF 
or until the Congress enacts new legislation authorizing an alternative 
to Yucca Mountain as a disposal site.
---------------------------------------------------------------------------
    However, that court order also referenced procedures 
established under the NWPA, which are still in effect under the 
order, by which DOE could reinstate annual fees under certain 
conditions. Specifically, the NWPA requires DOE to periodically 
review and, if necessary, adjust the rate of the annual fee to 
ensure that the projected balances of the NWF (including 
interest credited to the fund) are sufficient to pay the full 
long-term costs associated with geologic disposal of nuclear 
waste. Under the court order, if DOE completed such an analysis 
and determined that additional fees were needed, it could 
reinstate fees at whatever rate it considered necessary. Given 
that possibility--that DOE could reinstate annual fees under 
current law--CBO's baseline follows the agency's usual 
practices for projecting spending and receipts related to 
activities involving the possibility of administrative actions. 
Specifically, CBO estimates the total amounts that would be 
collected if fees were fully reinstated and to account for the 
uncertainty under current law, includes 50 percent of those 
amounts in its baseline. Thus, CBO's baseline includes $385 
million annually in nuclear waste fees--roughly half the amount 
that had been collected before DOE reduced the fee to zero. The 
Administration follows similar procedures in preparing baseline 
projections of nuclear waste fees.

Projected spending for DOE's contractual liabilities

    CBO's projections of mandatory spending include significant 
amounts of spending for continued on-site storage of waste at 
civilian nuclear facilities--in the form of payments from the 
Judgment Fund related to DOE's contractual liabilities. Because 
of the timing lag between when such liabilities are incurred 
and damages are eventually paid, CBO expects that most of the 
anticipated nuclear waste-related spending from the Judgment 
Fund over at least the next 10 years--which CBO estimates will 
total at least $5 billion--is attributable to liabilities that 
DOE has either already incurred or cannot avoid.
    Estimates of the government's remaining liabilities are 
uncertain and depend critically on when and how DOE begins to 
accept waste and how long eliminating the backlog will take. In 
2016, DOE estimated that if it could begin to accept waste 
within the next 10 years, remaining liabilities would total $25 
billion.\5\ However, CBO estimates that even if that time frame 
could be achieved, the department will face a backlog in 
meeting contractually specified schedules for accepting waste 
that would take more than 20 years to clear. As long as DOE 
remains behind schedule, the government will continue to incur 
liabilities.
---------------------------------------------------------------------------
    \5\Department of Energy, Fiscal Year 2016 Agency Financial Report, 
DOE/CF-0128 (November 2016), https://energy.gov/sites/prod/files/2016/
11/f34/DOE_FY2016_AFR.pdf.
---------------------------------------------------------------------------
    Estimated cost to the Federal Government: The estimated 
budgetary effect of H.R. 3053 is shown in the following table. 
The costs of this legislation fall within budget function 270 
(energy).
    Basis of estimate: In general, CBO expects that enacting 
H.R. 3053 would not significantly change the overall magnitude 
of costs the government will ultimately incur to dispose of 
civilian nuclear waste. The bill would not alter the 
government's responsibility to permanently dispose of nuclear 
waste at a geologic repository, and although the bill would 
make important changes to provisions of the NWPA that pertain 
to the repository at Yucca Mountain, that site would remain the 
only authorized location where such a repository could be 
built.\6\ Similarly, enacting the bill would not change DOE's 
obligation under the NWPA to levy fees on the nuclear industry 
at rates that are sufficient to ensure that projected balances 
in the Nuclear Waste Fund (or NWF, an accounting mechanism used 
to record cash flows related to the civilian nuclear waste 
program) will be sufficient to cover the full extent of long-
term costs of disposing such waste.
---------------------------------------------------------------------------
    \6\Key provisions of H.R. 3053 related to the repository authorized 
at Yucca Mountain would permanently withdraw from public use 
approximately 147,000 acres of land in Nye County, Nevada, that 
surround the site--which would then be administered by the Secretary of 
Energy. The bill also would amend the NWPA to allow DOE, at any time, 
to construct and upgrade infrastructure that the Secretary considers 
necessary to support the construction or operation of the repository. 
(Under current law, such activities cannot occur unless the NRC 
approves DOE's license application.) Finally, the bill would increase, 
from 70,000 to 110,000 metric tons, the statutory cap on the volume of 
waste that can be disposed of at the repository. In the absence of such 
a change, the government could face additional costs to build further 
capacity to dispose of waste from nuclear utilities, which have already 
generated more than 70,000 metric tons of waste. Thus, increasing the 
authorized capacity of Yucca Mountain could affect the future long-term 
costs of disposing of civilian nuclear waste, but CBO has not estimated 
either the long-term costs the government already faces under current 
law or how that change might affect them.

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                           By fiscal year, in millions of dollars--
                                                             -----------------------------------------------------------------------------------------------------------------------------------
                                                                 2018       2019       2020       2021       2022       2023       2024       2025       2026       2027    2018-2022  2018-2027
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    INCREASES IN DIRECT SPENDING RELATIVE TO DIRECTION BY THE HOUSE COMMITTEE ON THE BUDGETa
 
Benefits Agreements:
    Estimated Budget Authority..............................         15         30         35         35         20         20         30         25         25         25        135        260
    Estimated Outlays.......................................         15         30         35         35         20         20         30         25         25         25        135        260
 
                                                                         INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Estimated Authorization Level...............................          0          0         50         50         50         50         50         50          0          0        150        300
Estimated Outlays...........................................          0          0          0         75         75         50         50         50          0          0        150        300
Memorandum:
                                                               INCREASES IN DIRECT SPENDING RELATIVE TO CBO'S BASELINE PROJECTIONS
 
Temporary Limits on Payments of Annual Fees:
    Estimated Budget Authority..............................        385        385        385        385          0          0          0          0          0          0      1,540      1,540
    Estimated Outlays.......................................        385        385        385        385          0          0          0          0          0          0      1,540      1,540
    Total Changes in Direct Spending Relative to CBO's
     Baseline Projections:b
        Estimated Budget Authority..........................        400        415        420        420         20         20         30         25         25         25      1,675      1,800
        Estimated Outlays...................................        400        415        420        420         20         20         30         25         25         25      1,675      1,800
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\a\Relative to CBO's baseline projections, we estimate that increases in direct spending over the 2018-2027 period would stem from provisions that would temporarily limit utilities' payments
  of fees and authorize DOE to provide benefits to nonfederal governments affected by waste-related facilities. However, the House Committee on the Budget has directed CBO to estimate the
  budgetary effects of H.R. 3053 on the assumption that utilities will pay none of the affected fees over the 2018-2027 period. On that basis, CBO estimates that fee-related provisions would
  have no effect, and increases in direct spending under H.R. 3053 resulting from benefits paid to nonfederal governments affected by waste-related facilities would total $260 million over the
  2018-2027 period.
bIncludes spending for benefits agreements with nonfederal governments that host or are affected by waste-related facilities.

    Relative to CBO's baseline projections, however, provisions 
of the bill would increase direct spending over the 10-year 
period covered by this estimate by $1.8 billion--due to a 
provision that would limit utilities' payments of fees under 
the NWPA ($1.5 billion) and from benefits agreements ($260 
million). In addition, assuming appropriation of amounts 
authorized for new activities, CBO estimates that implementing 
the bill would have a discretionary cost of $300 million.
    However, for the estimate of H.R. 3035, the House Committee 
on the Budget has directed CBO to assume that, under current 
law, the affected utilities will not pay any annual fees over 
the 2018-2027 period. On that basis, CBO estimates that 
enacting H.R. 3053 would not affect the annual fees, and would 
increase direct spending by $260 million over the 2018-2027 
period. (The direction from the House Committee on the Budget 
would not affect CBO's estimate of discretionary spending.)

Estimate of direct spending as directed by the House Committee on the 
        Budget

    Relative to direction from the House Committee on the 
Budget, there would be no budgetary effect from prohibiting DOE 
from collecting annual fees from utilities with nuclear power 
plants. Direct spending over the 2018-2027 period would result 
entirely from provisions that would authorize DOE to provide 
assistance to nonfederal governments affected by the disposal 
program.
    Specifically, H.R. 3053 would authorize DOE to enter into 
``benefits agreements'' with and make payments to state, local, 
or tribal governments that might host facilities related to the 
disposal program to help those governments mitigate potential 
related effects. The bill also would specify amounts to be paid 
annually to those governments that participate in benefits 
agreements. In general, the payments would be lower during the 
initial years (when siting, licensing and construction 
activities would occur) and, after a onetime payment in the 
year when a facility first accepts waste, would increase while 
the facility continues to operate. Under H.R. 3053, DOE and 
affected governments would negotiate the terms of any benefits 
agreements they enter into. Under certain conditions--namely, 
if sites are disqualified as candidates or, in the case of the 
authorized repository at Yucca Mountain, if the NRC disapproves 
DOE's license application--the agreements could be terminated. 
To the extent they remain in effect, however, participating 
state, local, or tribal governments would effectively be 
entitled to annual payments of benefits in accordance with 
schedules specified under the bill. Therefore, in CBO's view, 
such commitments would increase direct spending.
    CBO estimates that increased direct spending stemming from 
benefits agreements under H.R. 3053 would total $260 million 
over the 2018-2027 period. That amount includes $195 million 
for benefits related to a repository at Yucca Mountain and $65 
million for benefits related to other facilities.
    Repository-Related Benefits Agreements. H.R. 3053 would 
modify the NWPA to authorize DOE to enter into a benefits 
agreement with Nevada and specify amounts to be paid to that 
state on an annual basis.\7\ In addition, the bill would 
authorize DOE, after one year, to negotiate benefits agreements 
with affected local governments within that state. Under H.R. 
3053, CBO expects DOE would enter into an agreement with Nevada 
in 2018 and multiple agreements with other governments in 2019. 
CBO also expects that payments to those other governments would 
not, in total, exceed the amount authorized to be paid to 
Nevada--$15 million annually until a repository begins to 
operate, which CBO does not expect will occur before 2027.\8\
---------------------------------------------------------------------------
    \7\When Nevada Governor Guinn formally objected to President Bush's 
site recommendation of Yucca Mountain in 2002, the state forfeited the 
opportunity to receive benefits under the NWPA.
    \8\H.R. 3053 also would authorize a onetime payment, upon the date 
when a repository first accepts waste, of an amount equal to 1 percent 
of the balance of funds credited to the NWF as of the date of the 
bill's enactment--or $370 million, CBO estimates (on the basis of the 
fund's existing balance and assuming the bill is enacted early in 
2018). After that onetime payment, annual payments would equal 0.1 
percent of that balance--or $37 million annually--and continue for 
decades until the repository ceases operations.
---------------------------------------------------------------------------
    The cost of repository-related benefits agreements is 
uncertain and would depend on the outcome of the NRC's 
licensing process. That agency's decision, which CBO expects 
would occur in 2021, would probably determine whether payments 
for benefits agreements related to a repository at Yucca 
Mountain continued. If the NRC approves the application, CBO 
anticipates that the affected governments would continue to 
receive benefits. However, if the NRC disapproves the 
application, CBO expects that DOE would exercise its authority 
to terminate any agreements governing such benefits.
    CBO has no basis, though, for predicting the outcome of the 
NRC's licensing process. To account for that uncertainty, CBO 
assumes for this estimate that there is a 50 percent chance 
that payments to Nevada and local governments within that state 
would continue after 2021. On that basis, CBO estimates that 
direct spending for repository-related benefits agreements 
would increase by a total of $195 million over the 2018-2027 
period. That amount includes $15 million in 2018 (for Nevada), 
$30 million annually (for Nevada and local governments) over 
the 2019-2021 period--the full extent of payments CBO estimates 
would be authorized during those years while the NRC completes 
its licensing activities. To account for uncertainty about 
whether payments would continue in later years, CBO's estimate 
also includes payments to Nevada and affected governments 
totaling $15 million annually over the 2022-2027 period (half 
the total amount CBO estimates might be paid in those years).
    Benefits Agreements With Governments Hosting Other 
Facilities. Under H.R. 3053, DOE could enter into one agreement 
with each state or tribal government that has jurisdiction over 
land with a site identified as a potential candidate for 
hosting what is termed a monitored retrievable storage (MRS) 
facility. DOE could enter into only one such agreement with a 
state or tribe at any given time. Under the bill, during the 
initial years of siting, licensing, and constructing an MRS 
facility, the host government would receive $5 million 
annually. When the facility first accepts spent fuel, the host 
government would receive a onetime payment of $10 million. 
Subsequent payments would rise to $10 million annually for the 
life of the facility.
    The amount and timing of direct spending to provide 
benefits to governments that host MSR facilities is uncertain. 
For this estimate, CBO assumes that under H.R. 3053, DOE would 
commit to pay at least one potential host government of an MRS 
facility over the 2018-2027 period. On the basis of the 
potential time frame for developing such a facility, CBO 
estimates that payments to that government would begin in 2020 
(after a needs analysis by DOE, as required under the bill) 
and, assuming the facility begins to accept waste in 2024, 
would total $65 million over the 2020-2027 period. After that 
time, federal spending of $10 million annually for benefits 
would continue for several decades. (An MRS agreement would 
also lead to discretionary spending; more detail about those 
costs is provided below under the heading, ``Spending Subject 
to Appropriation.'')

Direct spending relative to CBO's baseline

    Relative to CBO's baseline projections, we estimate that 
enacting H.R. 3053 would increase net direct spending by $1.8 
billion over the 2018-2027 period. That 10-year cost includes:
     $1.5 billion in forgone receipts resulting from a 
provision that would temporarily limit DOE's authority to 
accept payments of annual fees that CBO expects might be paid 
in the future by nuclear utilities (there would be no cost for 
those foregone receipts under the direction of the Budget 
Committee), and
     $260 million for benefits that would be paid to 
state, local, and tribal governments that might host or be 
affected by facilities related to the civilian nuclear waste 
program (those costs would be the same under both CBO's 
baseline and the direction from the Budget Committee).
    Temporary Limits on DOE's Authority To Accept Payments of 
Annual Fees. Under the NWPA and the terms of related contracts 
entered into by DOE and utilities with nuclear plants, 
utilities pay two types of fees to cover the costs of disposing 
of the nuclear waste they generate. Annual fees are based on 
the amount of electricity they sell that is generated by 
nuclear power plants and onetime fees are based on the volume 
of waste those plants generated before the NWPA was enacted.
    H.R. 3053 would direct DOE to establish separate procedures 
for assessing annual fees and accepting payments. Under the 
bill, DOE would establish, within 180 days, procedures for 
assessing the annual fees, which CBO expects would be 
consistent with the NWPA's underlying requirement that the 
Secretary set the rate of annual fees at the level necessary to 
ensure that projected balances in the NWF are sufficient to 
cover the costs of disposing of civilian nuclear waste. Broadly 
speaking, because enacting H.R. 3053 would not substantively 
affect those costs, CBO expects that the new procedures would 
not significantly change the total amount of annual fees DOE 
would assess utilities.
    However, the bill would prohibit DOE from accepting any 
payments of assessed fees until the NRC issues a decision 
regarding the agency's license application. Relative to CBO's 
baseline projections, CBO estimates that the temporary 
prohibition would reduce annual fees by a total of $1.5 billion 
over the next four years.
    In addition, DOE's authority to collect fees in years 
following the NRC's decision could be constrained by the 
amounts of future appropriations for the waste program. To 
fulfill its statutory obligation to charge fees sufficient to 
cover the costs of disposing of civilian waste, the department 
could need to adjust the fees each year depending on the 
appropriations received, but CBO has no basis for estimating 
such changes.
    Estimated Effects of Temporary Limits on Payments of Annual 
Fees. Upon enactment, H.R. 3053 would prohibit DOE from 
accepting payments of annual fees until the NRC issues a 
decision regarding DOE's license application. The bill would 
not explicitly prevent DOE from assessing annual fees during 
that time; however, based on an analysis of information from 
the department, CBO expects that DOE would not assess annual 
fees when the prohibition is in effect. Thus, relative to CBO's 
baseline projections, enacting that provision would eliminate 
the possibility of DOE collecting any fees while the NRC 
conducts its analysis. On the basis of information from the NRC 
about the potential time frame required to resume and complete 
its review and adjudication of DOE's license application, CBO 
expects that the proposed prohibition would last about four 
years and thereby reduce receipts, relative to the baseline, by 
a total of $1.5 billion.
    Potential Limits on Payments of Assessed Fees Based on 
Future Appropriation Acts. In years following the NRC's 
decision, DOE's authority to collect fees that it assesses 
could be affected by the amount of funding provided for the 
waste disposal program. Specifically, H.R. 3053 would limit 
DOE's authority to collect, in any year, annual fees that total 
more than 90 percent of the amount appropriated in that year 
from the NWF for activities related to the Yucca Mountain 
project. The bill also would specify, however, that regardless 
of any limitation on the amount of payments that might occur in 
a given year, the utilities would remain liable for the full 
amount of the fees assessed and would set forth conditions 
under which the Secretary could require utilities to pay the 
uncollected portion of fees previously assessed.
    Enacting those provisions could affect the timing and 
magnitude of receipts from payments of annual fees. CBO has no 
basis, however, for estimating the extent to which those 
receipts would differ from amounts projected in our baseline. 
More broadly, for the reasons described, receipts from annual 
fees paid in any given year under H.R. 3053, as under current 
law, would remain uncertain. As a result, this estimate does 
not reflect any potential changes to annual receipts after 
2021.

Spending subject to appropriation

    H.R. 3053 would direct DOE to determine by June 1, 2019, 
the need for MRS facilities to store waste--temporarily--until 
the department can permanently dispose of it in a geologic 
repository. The bill also would authorize DOE and willing 
utilities to enter into new contracts or renegotiate the terms 
of existing contracts to allow the department to accept waste 
and store it at an MRS facility, with priority given to waste 
generated by nuclear facilities that are no longer operating. 
Under current law, DOE can accept waste only for the purpose of 
permanently disposing of it in a geologic repository.
    Unless the Secretary determines that constructing a federal 
MRS facility would be faster and less costly, the bill would 
direct DOE to prioritize storage of civilian waste to which it 
takes title at nonfederal MRS facilities. Under H.R. 3053, DOE 
could not enter into an MRS agreement unless the sponsor of the 
nonfederal facility obtained a license from the NRC as well as 
permission to store department-owned waste from the state's 
governor, any local government units with jurisdiction over the 
area, and affected Indian tribes. In general, the bill would 
permit DOE to enter into multiple MRS agreements, but only one 
such agreement could be signed before the NRC issues its 
decision on DOE's application for a license to build a 
repository at Yucca Mountain.
    The bill would authorize appropriations to implement that 
initial MRS agreement. Specifically, over the 2020-2022 period, 
the bill would authorize the appropriation of up to $50 million 
annually. For each of fiscal years 2023 through 2025, the bill 
would authorize appropriations in amounts equal to 10 percent 
of the amounts appropriated from the NWF. For this estimate, 
CBO assumes that authorization levels over the 2023-2025 period 
would remain in line with the $50 million cap specified for 
earlier years.
    Thus, CBO estimates that H.R. 3053 would authorize 
appropriations totaling $300 million over the 2020-2025 period 
for DOE to implement an initial MRS agreement and that the 
resulting discretionary spending over the period would be the 
same amount. Based on an analysis of information from DOE, the 
NRC, and the nuclear industry, CBO further anticipates that 
such funding would support the development of one nonfederal 
MRS facility that would be licensed in 2021, be constructed 
over the 2022-2023 period, and begin to operate in 2024.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The direction by the House Committee on the Budget to 
assume that nuclear utilities will not pay any fees over the 
2018-2027 period under current law would not affect what is 
recorded under that act. Thus, CBO is providing our estimate of 
the net changes in outlays that are subject to those pay-as-
you-go procedures in the following table. The Office of 
Management and Budget is responsible for recording any changes 
in direct spending or revenues under that act.

         CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 3053, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON ENERGY AND COMMERCE ON JUNE 28, 2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  By fiscal year, in millions of dollars--
                                                   -----------------------------------------------------------------------------------------------------
                                                     2018    2019    2020    2021    2022    2023    2024    2025    2026    2027   2018-2022  2018-2027
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               NET INCREASE IN THE DEFICIT
 
Statutory Pay-As-You-Go Impact....................     400     415     420     420      20      20      30      25      25      25     1,675      1,800
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Increase in long-term direct spending and deficits: For the 
four consecutive 10-year periods following 2027, CBO estimates 
that enacting H.R. 3053 would probably increase net direct 
spending by at least a few billion dollars and potentially as 
much as nearly $20 billion dollars. Whether such higher costs 
would arise is uncertain and would depend on whether a geologic 
repository at Yucca Mountain is licensed, built, and put into 
operation. Those events depend on factors beyond the scope of 
this legislation--namely, whether the NRC approves DOE's 
application for a license to construct a geologic repository at 
Yucca Mountain and whether the Congress enacts new laws to 
provide funding for the department to establish such a facility 
and implement other related activities. CBO has no basis for 
predicting the outcome of the NRC's licensing process or 
whether activities related to the disposal program will receive 
necessary funding. Nor can CBO estimate the extent to which 
enacting H.R. 3053 might reduce future direct spending related 
to DOE's contractual liabilities. As a result, CBO cannot 
determine whether net increases in direct spending would exceed 
$5 billion in any of the four 10-year periods following 2027.
    In addition to continued spending for benefits agreements, 
long-term increases in direct spending after 2027 are 
attributable to provisions of H.R. 3053 that would appropriate 
balances of the NWF and authorize DOE to spend onetime fees. 
CBO also expects that implementing provisions in H.R. 3053 that 
would authorize DOE to pursue temporary storage facilities 
could potentially reduce the government's exposure to 
contractual liabilities under the NWPA.

Authority to spend NWF balances

    When DOE first accepts waste for disposal at Yucca 
Mountain, H.R. 3053 would permanently appropriate, on an annual 
basis for 25 years, 1 percent of the balance of funds credited 
to the NWF as of the date of enactment of H.R. 3053--or about 
$370 million annually, CBO estimates. If provided, such funding 
would total $9.3 billion over 25 years and remain available to 
DOE for repository-related construction costs and operating 
expenses. Later, when Yucca Mountain ceases operations, H.R. 
3053 would provide a onetime appropriation equal to 20 percent 
of the fund's balance as of the date of enactment--or about 
$7.4 billion--for activities related to monitoring and 
decommissioning that facility.
    Thus, H.R. 3053 could increase direct spending of NWF 
balances by nearly $17 billion over the next several decades. 
However, as explained previously, whether that facility will be 
constructed is uncertain and depends on factors that lie beyond 
the scope of H.R. 3053.

Authority to spend onetime fees

    H.R. 3053 would authorize DOE to spend, without further 
appropriation, onetime fees established under the NWPA to cover 
the costs of disposing of waste that was generated before the 
law was enacted. Under that law, DOE gave utilities options for 
postponing payments of such fees, but utilities must pay their 
outstanding balance when the department accepts their waste to 
permanently dispose of it in the Yucca Mountain repository. 
Because that event is unlikely by the end of the projection 
period in 2027, CBO anticipates that the bulk of onetime fees 
are unlikely to be paid until after that time.\9\
---------------------------------------------------------------------------
    \9\The MRS-related provisions of H.R. 3053 could accelerate 
payments of onetime fees. Specifically, to the extent that those 
provisions enable DOE to accept nuclear waste (for storage in an MRS 
facility) sooner than it otherwise could under current law, they might 
trigger payments of onetime fees as early as 2024, when CBO assumes 
such a facility would begin to store waste under the bill. Regardless 
of those timing issues, though, the total increase in direct spending 
attributable to the bill's provision regarding onetime fees would 
remain the same.
---------------------------------------------------------------------------
    To date, several utilities have not paid the fees, and 
according to DOE, the balance of uncollected fees currently 
stands at roughly $2.6 billion. Interest accrues on the 
balances due until the utilities pay them to the government; 
therefore, when the fees are paid, resulting receipts (and 
corresponding direct spending) will probably be greater than 
the current balances due. As a result, CBO estimates that 
enacting H.R. 3053 would increase direct spending by an amount 
that, in total, would be equivalent to $2.6 billion in today's 
dollars, but that spending would occur after 2027.

Potential reductions in contractual liabilities

    As previously noted, the federal government has already 
incurred significant liabilities for damages related to its 
partial breach of contracts with utilities. DOE is nearly 20 
years behind schedule in meeting its contractual obligations to 
accept and dispose of civilian nuclear waste, and as long as it 
remains behind schedule, the government will continue to incur 
liabilities. The extent of those liabilities will ultimately 
depend on when and how the government fulfills its obligations 
to accept and dispose of the waste.
    Even though those factors would be largely unaffected by 
H.R. 3053, the bill could enable DOE to avoid at least some 
future liabilities stemming from its partial breach of 
contracts, thereby reducing taxpayers' exposure to such costs. 
Specifically, H.R. 3053 would allow DOE and utilities to 
voluntarily renegotiate their contractual obligations, thus 
potentially enabling the government to begin to fulfil them 
sooner than it otherwise could under current law--if DOE is 
able to accept nuclear waste and store it at MRS facilities, as 
envisioned by the bill.
    Thus, the total magnitude of federal contractual 
liabilities under H.R. 3053 could be less than under current 
law. CBO has no basis, however, for estimating the potential 
savings that might result; they would depend on uncertain 
factors such as the extent to which utilities chose to 
renegotiate contracts and the number and capacity of MRS 
facilities that might be developed. The savings could be 
significant but if they occurred they probably would not arise 
until well beyond 2027.

        ESTIMATED IMPACT ON STATE, LOCAL, AND TRIBAL GOVERNMENTS

Mandates on public entities

    The bill would impose intergovernmental mandates as defined 
in UMRA by preempting state and local regulatory authority over 
hazardous waste that would be transported to and stored in a 
nuclear waste repository in Nevada. Although the preemption 
would limit the application of state and local laws and 
regulations, CBO estimates that the preemption would impose no 
duty on state or local governments that would result in 
additional spending or a loss of revenues.

Other effects on public entities

    While state, local, and tribal governments would not be 
required to participate in licensing and review proceedings 
related to Yucca Mountain or an MRS facility under the Nuclear 
Waste Policy Act, CBO expects that agencies of those 
governments would likely choose to participate in the review 
processes for such projects and would incur costs. Costs of 
participation would include legal and administrative expenses, 
as well as the costs of conducting scientific and technical 
analyses. Any costs incurred by those entities would result 
from voluntary commitments. Based on an analysis of information 
provided by officials from Nevada's Agency for Nuclear Projects 
and from Nye County's Nuclear Waste Repository Project Office, 
CBO estimates that public agencies would spend $10 million to 
$15 million per year over the 2018-2022 period to participate 
in proceedings related to the Yucca Mountain repository. CBO 
estimates that costs would be lower for public agencies 
participating in proceedings related to an MRS facility because 
of the lower complexity involved with such a project. (The most 
likely location for an MRS facility would be in New Mexico or 
Texas). Under the NWPA, DOE is authorized to provide financial 
and technical assistance to defray the costs to public agencies 
of participating in review proceedings for a proposed 
repository or MRS facility.
    Although H.R. 3053 would, by itself, establish no new 
enforceable duties on state, local, or tribal governments, 
shipments of nuclear waste for temporary storage at an MRS 
facility and for permanent storage at Yucca Mountain probably 
would increase the costs to state, local, and tribal agencies 
of complying with existing requirements for federal grants and 
conditions of participation in other federal programs. Those 
requirements include compliance with federal laws governing 
transportation, public safety, and environmental protection 
that are implemented by public agencies. Additional spending by 
state, local, and tribal agencies would support a number of 
activities, including emergency response planning and training, 
public health and safety, road and rail maintenance, 
inspections, and security activities such as escort of waste 
shipments. These indirect costs would not stem from mandates as 
defined by UMRA, but could total tens of millions of dollars 
per year across all public entities. In addition, costs for 
upgrading highway or rail infrastructure to accommodate waste 
shipments could range into the hundreds of millions of dollars, 
based on past studies by the Nevada Department of 
Transportation. In the event of an accident or attack involving 
shipment of radioactive waste, costs would likely be 
significantly higher.
    To compensate state, local, and tribal governments in 
Nevada--and in states where an MRS facility is located--for the 
various governmental costs of accommodating a nuclear waste 
storage site, the bill would authorize the DOE to enter into 
benefits agreements with those governments. If state, local, 
and tribal governments choose to enter into such agreements, 
they would receive annual payments from DOE that would vary 
depending on whether an MRS facility or a repository is 
constructed in the state and on whether the site is accepting 
waste shipments for storage. Receipt of benefits would depend 
upon the outcome of the NRC's licensing process, and the amount 
of benefits received would ultimately depend upon negotiations 
between DOE and the affected governments.
    For the purposes of this estimate, CBO assumes that DOE 
would make benefits payments to state and local governments in 
Nevada relating to Yucca Mountain totaling $15 million 2018 and 
that payments would increase to $30 million per year from 2019 
through 2021. If the NRC approves DOE's license application for 
the repository in 2021, CBO estimates that payments would 
continue at that level until the repository begins to accept 
waste sometime after 2027. When the repository first receives 
waste, parties to a benefits agreement would receive a one-time 
payment estimated at $370 million, and would receive an 
estimated $37 million each year thereafter until the repository 
ceases operations. If, on the other hand, the NRC disapproves 
DOE's licensee application, CBO assumes that DOE would exercise 
its authority to terminate any agreements governing such 
benefits. For the purposes of this estimate, CBO assumes that 
DOE would begin providing benefits to one host government 
relating to an MRS facility--likely in New Mexico, Texas, or 
Nevada totaling $5 million per year beginning in 2020 and that 
payments would increase to $10 million per year once the 
facility starts accepting waste in 2024. Finally, the bill also 
would require that any economic benefits derived from the 
future retrieval of spent nuclear fuel from Yucca Mountain be 
shared with the affected state, local, and tribal governments.
    Estimated impact on the private sector: H.R. 3053 would 
impose a private-sector mandate as defined in UMRA on owners of 
mining claims by prohibiting mining on federal land withdrawn 
from public land laws for the construction of a repository. 
Based on information submitted in DOE's license application to 
NRC and information from the Government Accountability Office, 
CBO estimates that about 100 mining claims may be affected by 
the mandate. The mandate would apply only to owners of valid 
claims, as determined by the Secretary of the Interior, and the 
cost of the mandate would be the fair market value of the 
claim. Mining claims on federal land are determined to be valid 
only after the discovery of a valuable mineral deposit. Based 
on information about the value of mining claims, CBO estimates 
that the value per claim affected by the mandate would not be 
substantial. Consequently, CBO estimates that the cost of the 
mandate would fall below the annual threshold established in 
UMRA for private-sector mandates ($156 million in 2017, 
adjusted annually for inflation). The bill would compensate 
owners for claims determined to be valid.
    Estimate prepared by: Federal costs: Megan Carroll; Impact 
on state, local, and tribal governments: Jon Sperl; Impact on 
the private sector: Amy Petz.
    Estimate approved by: H. Samuel Papenfuss, Deputy 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.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to amend 
the Nuclear Waste Policy Act of 1982 to enable the Department 
of Energy to manage, store, and permanently dispose of 
commercial spent nuclear fuel and high-level radioactive waste.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 3053 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                        Committee Cost Estimate

    Pursuant to clause 3(d)(1) of rule XIII, 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.

       Earmark, Limited Tax Benefits, and Limited Tariff Benefits

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 3053 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                  Disclosure of Directed Rule Makings

    Pursuant to section 3(i) of H. Res. 5, the Committee finds 
that H.R. 3053 contains no directed rule makings.

                      Advisory Committee Statement

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

                  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.

             Section-by-Section Analysis of the Legislation

    The legislation includes the following provisions:

Section 1. Short title and table of contents

    This section provides the short title, the ``Nuclear Waste 
Policy Amendments Act of 2017'' and identifies the sections of 
the bill as follows: Section 1, Short Title and Table of 
Contents; Title I, Monitored Retrievable Storage; Title II, 
Permanent Repository; Title III, DOE Contract Performance; 
Title IV, Benefits to Host Community; Title V, Funding; and, 
Title VI, Miscellaneous.

                 TITLE I. MONITORED RETRIEVABLE STORAGE

Sec. 101. Monitored retrievable storage

    This section amends section 141(b) of the Nuclear Waste 
Policy Act of 1982 (NWPA) to direct the Secretary of Energy 
(Secretary) to complete a study of the need for and feasibility 
of the construction of one or more monitored retrievable 
storage facilities (MRS) and submit such report to Congress by 
June 1, 2019. The section also requires the Secretary to 
publish a request for information to help the Secretary 
evaluate options to enter into MRS agreements with respect to 
one or more MRS.
    Section 101(b) makes conforming changes to allow for more 
than one MRS and by striking section 141(d) through (h), and 
adds definitions to section 2 of the NWPA for ``MRS agreement'' 
and ``Department-owned civilian waste.''

Sec. 102. Authorization and priority

    This section amends section 142 of the NWPA to authorize 
the Secretary to site, construct, and operate one or more MRS 
and store, pursuant to a MRS agreement, Department-owned 
civilian waste at a non-Federal MRS that is licensed by the 
Nuclear Regulatory Commission (NRC or Commission). The section 
also directs the Secretary to prioritize storage at a non-
Federal MRS unless the Secretary determines it is faster and 
less expensive for the Department of Energy (DOE) to site, 
construct, and operate an MRS. The Secretary must provide such 
determination to Congress within 30 days.

Sec. 103. Conditions for MRS agreements

    This section amends section 143 of the NWPA to prohibit the 
Secretary from entering into an MRS agreement for an MRS unless 
(1) the MRS holds a license pursuant to the Atomic Energy Act 
of 1954 and has approval to store Department-owned civilian 
waste at such facility from the governor of the state, any unit 
of general local government with jurisdiction over the area, 
and any affected Indian tribe; (2) the Commission has issued a 
decision for a repository under section 114(d) of the NWPA, 
with the exception of the first agreement; and (3) the MRS 
agreement provides the quantity of high-level radioactive waste 
(HLW) and spent nuclear fuel (SNF) will not exceed the limits 
described in section 148(d)(3) and (4).
    The new subsection 143(b) authorizes the Secretary to enter 
into one MRS agreement prior to the Commission issuing a final 
decision approving or disapproving the issuance of a 
construction authorization. For fiscal years 2020 through 2022 
there is authorized the greater of $50 million or an amount 
equal to 10 percent of the amounts appropriated from the Waste 
Fund in that fiscal year for the MRS agreement. For fiscal 
years 2023 through 2025, there is authorized an amount equal to 
10 percent of amounts appropriated from the Waste Fund. The 
Secretary shall prioritize storage of Department-owned civilian 
waste from facilities that have ceased commercial operation at 
the first MRS facility. The Secretary is prohibited from 
storing spent nuclear fuel at the facility unless the 
Commission has issued a final decision or if the Secretary 
finds the decision is imminent. If a decision is imminent, the 
Secretary must notify Congress within seven days and provide a 
monthly report to Congress on the status of the license.

Sec. 104. Survey

    This section amends section 144 of the NWPA to allow the 
Secretary to survey and evaluate sites for an MRS based on 
listed criteria, including acceptability to state authorities, 
affected units of local government, and affected Indian tribes. 
The section would require the Secretary to issue a request for 
proposals for a MRS agreement with a non-Federal MRS before 
conducting any survey.

Sec. 105. Site selection

    This section amends section 145 of the NWPA to allow for 
more than one MRS site to be evaluated.

Sec. 106. Benefits agreement

    This section amends section 147 of the NWPA to allow a non-
Federal entity subject to a MRS agreement to enter into a 
benefits agreement with the Secretary under section 170.

Sec. 107. Licensing

    This section amends section 148(c) of the NWPA to apply to 
a DOE MRS and amends section 148(d) of the NWPA to modify the 
requirement that the Commission issue a license for a 
construction authorization for a repository prior to licensing 
an MRS to require the Commission to issue a final decision 
approving or disapproving a construction authorization prior to 
MRS licensing.

                     TITLE II. PERMANENT REPOSITORY

Sec. 201. Land withdrawal, jurisdiction, and reservation

    This section provides for the permanent withdrawal of lands 
described in subsection (c) and provides the Secretary 
jurisdiction over the withdrawal. The withdrawal is reserved by 
the Secretary for development, preconstruction testing and 
performance confirmation, licensing, construction, management 
and operation, monitoring, closure, postclosure, and other 
activities associated with the disposal of HLW and SNF under 
the NWPA.
    Section 201(b) revokes previous public land orders and 
right-of-way within the withdrawal.
    Section 201(c) describes the boundaries of the land subject 
to the withdrawal and requires the publication in the Federal 
Register and documentation of the copies of the described maps.
    Section 201(d) describes the relationship of the withdrawal 
to lands previously withdrawn for use by the Department of 
Defense under subtitle A of title XXX of the Military Lands 
Withdrawal Act of 1999.
    Section 201(e) assigns certain management responsibilities 
to the Secretary for lands in the withdrawal, including the 
development of a management plan for the lands; prioritizing 
Yucca Mountain Project activities; use by the Air Force under 
agreed terms and conditions with the Secretary; and related 
non-Yucca Mountain Project uses, such as grazing, hunting and 
trapping, and mining. The subsection provides for limited 
public access to continue the Nye County Early Warning Drilling 
Program, utility corridors, and other uses the Secretary 
considers consistent with the purposes of the withdrawal. The 
subsection also authorizes the Secretary to close a portion of 
the withdrawal or airspace above the withdrawal.
    Section 201(f) provides that the United States and its 
departments and agencies shall be held harmless and shall not 
be liable for damages to persons or property as a result of 
mining, mineral leasing, or geothermal leasing activities 
conducted on the withdrawal.
    Section 201(g) provides the Secretary authority to acquire 
lands and interests within the withdrawal.
    Section 201(h) removes Federal, state, Interstate, and 
local requirements subject to section 6001(a) of the Solid 
Waste Disposal Act for material transported to a repository for 
disposal, or as, or after, such material is disposed of in a 
repository.
    Section 201(i) defines terms used in this section 
consistent with the NWPA, in addition to defining the 
``withdrawal,'' ``Secretary concerned,'' and ``Project.''
    Section 201(j) makes this section, except subsections (c), 
(e)(2)(A), (h), (i), and (j), effective on the date that the 
Commission approves the issuance of a construction 
authorization under section 114(d) of the NWPA for the Yucca 
Mountain site.

Sec. 202. Application procedures and infrastructure activities

    This section amends section 114(d) of the NWPA to require 
NRC consideration of the construction authorization for the 
repository 30 months after the date of enactment of the Nuclear 
Waste Policy Amendments Act of 2017. It also removes certain 
conditions on the quantity of metric tons of heavy metal for 
Commission's approval to authorize construction submitted under 
section 114(b). It also allows for amendments to an approved 
construction authorization license to be considered using 
expedited, informal procedures and directs the Commission to 
decide on such amendments within one year, unless the 
Commission notifies Congress that the deadline needs to be 
extended. The subsection allows the Secretary to undertake 
infrastructure activities at the Yucca Mountain site considered 
necessary or appropriate to support the construction or 
operation of a repository or transportation to such site. 
Infrastructure activities include safety upgrades; site 
preparation; the construction of a rail line to connect the 
Yucca Mountain site with the national rail network; and 
construction, upgrade, acquisition or operation of electrical 
grids or facilities, other utilities, communication facilities, 
access roads, and nonnuclear support facilities.
    Section 202(b) amends section 114(f)(6) to add certain 
actions that are not required for an environmental analysis, 
prohibits the Commission from disapproving of the construction 
authorization, license to receive and possess or any other 
action, on the grounds that an infrastructure activity was 
undertaken. The section increases the statutory cap on the 
quantity of spent nuclear fuel at the repository from 70,000 
metric tons to 110,000 metric tons. The section also provides 
that actions undertaken outside the geologic repository 
operations area do not require a license from the Commission.

Sec. 203. Pending repository license application

    This section provides that nothing in this Act or 
amendments made by this Act shall be construed to require the 
Secretary to amend or otherwise modify an application for a 
construction authorization pending as of the date of enactment 
of this Act.

Sec. 204. Limitation on planning, development, or construction of 
        defense waste repository

    This section prohibits the Secretary from taking any action 
relating to planning, development, or construction of a defense 
waste repository until the Commission issues a final decision 
on an application for a construction authorization for a 
repository under section 114(d)(1) of the NWPA. The section 
also defines the term ``defense waste repository.''

Sec. 205. Sense of Congress regarding transportation routes

    This section expresses the Sense of Congress that the 
Secretary should consider transportation routes to the 
repository site to avoid Las Vegas, Nevada.

                  TITLE III. DOE CONTRACT PERFORMANCE

Sec. 301. Title to material

    This section amends section 123 of the NWPA to allow the 
Secretary to accept title to HLW or SNF for a repository or an 
MRS. The section also provides the Secretary the authority to 
enter into new contracts or negotiate modifications to existing 
contracts for acceptance of title, subsequent transportation, 
and storage of HLW or SNF, including the expedited titling, 
transportation, and storage of fuel to an MRS from nuclear 
facilities that have ceased commercial operation.

                  TITLE IV. BENEFITS TO HOST COMMUNITY

Sec. 401. Consent

    This section amends section 170 of the NWPA by clarifying 
the number of benefits agreements that may be available and by 
adding a new subsection (g) expressing that if the State of 
Nevada enters into a benefits agreement under this section, 
such agreement shall not be considered an expression of consent 
to siting the repository.

Sec. 402. Content of agreements

    This section amends the table in section 171 of the NWPA 
titled ``Benefits Schedule.''
    Section 402(b) amends section 171(a) of the NWPA to 
prohibit payments from a benefits agreement to be used to 
influence legislative action or any matter pending before 
Congress or a state legislature, for litigation purposes, or to 
support multistate efforts or other activities inconsistent 
with the siting, construction, or operation of the MRS or 
repository concerned.
    Section 402(c) amends section 171(b) of the NWPA to remove 
the State of Nevada's agreement to waive its rights to 
disapprove of the recommendation of the Yucca Mountain site as 
a condition to enter into a benefits agreement.
    Section 402(d) amends section 171(c) of the NWPA to provide 
that payments under a benefits agreement to the State of Nevada 
shall be made from the Waste Fund.

Sec. 403. Covered units of local government

    This section inserts section 172A in the NWPA to allow 
covered units of local government, not earlier than one year 
after the date of enactment, to enter into a benefits agreement 
with the Secretary. Such benefits agreements are to mitigate 
impacts of locating a repository at the Yucca Mountain site, as 
described in section 175(b). Payments to covered units of local 
governments under a benefits agreement are provided by the 
Waste Fund and cannot be used to influence legislative action 
or any matter pending before Congress or a state legislature, 
for litigation purposes, or to support multistate efforts or 
other activities inconsistent with the siting, construction, or 
operation of the repository. Entering into a benefits agreement 
under this section by a covered unit of local government shall 
not be considered to be an expression of consent to the siting 
of a repository in the State of Nevada. This section also 
defines covered unit of local government to mean any affected 
unit of local government with respect to a repository or any 
unit of general local government in the State of Nevada.
    Section 403(b) makes conforming amendments to section 
170(a)(4) relating to benefits agreements.

Sec. 404. Termination

    This section amends section 173 of the NWPA to modify the 
conditions for the termination of a benefits agreement from a 
Secretarial determination to the Commission's disapproval of a 
license to authorize construction for a repository under 
section 114(d).

Sec. 405. Other benefits

    This section amends section 174 of the NWPA to require the 
Secretary to prioritize funding for higher education from the 
Waste Fund to institutions located in the State of Nevada.

Sec. 406. Disposal of spent nuclear fuel

    This section amends section 122 of the NWPA to require 
economic benefits derived from the retrieval of SNF to be 
shared with any state, affected units of local government, and 
affected Indian tribes, where the repository is located.

Sec. 407. Updated report

    This section amends section 175(a) of the NWPA to require 
the Secretary to update a report identifying potential actions 
to mitigate impacts associated with the activities authorized 
under Subtitle A.

                            TITLE V. FUNDING

Sec. 501. Assessment and collection of fees

    This section amends section 302(a)(4) of the NWPA to direct 
the Secretary to establish procedures for the assessment of 
fees to provide sufficient revenues to offset the costs 
required by the Waste Fund.
    The section also directs the Secretary to establish 
procedures to collect fees. The Secretary may not collect a fee 
until the Commission issues a final decision on the 
construction authorization for a repository under section 
114(d) and the fees collected cannot exceed 90 percent of the 
amounts appropriated from the Waste Fund. Assessed fees that 
are not collected pursuant to the requirements of this section 
shall be collected when the Secretary determines necessary for 
the purposes of the Waste Fund, subject to appropriations.
    Section 501(b) provides the Secretary the authority to seek 
modification of a contract under section 302(a) of the NWPA to 
ensure the contract complies with this section.
    Section 502(c) makes technical and conforming amendments to 
section 302(a) of the NWPA.

Sec. 502. Use of Waste Fund

    This section amends section 302(d) of the NWPA to define 
allowable uses of the Waste Fund.
    Section 502(b) makes conforming amendments in section 
117(d) and 141(f) with respect to allowable uses of the Waste 
Fund.

Sec. 503. Annual multi-year budget proposal

    This section amends section 302(e) of the NWPA to require 
DOE to submit a multi-year budget proposal annually.

Sec. 504. Availability of certain amounts

    This section amends section 302 of the NWPA by adding a new 
subsection (f) that makes certain amounts of funding from the 
Waste Fund available to the Secretary, without further 
appropriations. One percent of Waste Fund amounts will be 
available for each of the 25 years after HLW or SNF is received 
at the Yucca Mountain site for costs associated with 
construction and operation of a repository or facilities at the 
Yucca Mountain site; one percent of Waste Fund amounts will be 
available for payments to the State of Nevada when Yucca 
Mountain receives first fuel; one tenth of one percent of Waste 
Fund amounts will be available for annual payments under a 
benefits agreement, 20 percent of Waste Fund amounts during the 
decommissioning period for waste package and drip shield 
fabrication activities, and fees not yet collected pursuant to 
subsection (a)(3) will be available for costs associated with 
construction and operation of a repository or facilities at the 
Yucca Mountain site.

                        TITLE VI. MISCELLANEOUS

Sec. 601. Certain standards and criteria

    This section requires the Environmental Protection Agency 
to determine if standards promulgated under section 121(a) of 
the NWPA should be updated and to submit to Congress a report 
on such determination. If the Administrator determines that the 
standards promulgated under section 121(a) of the NWPA should 
be updated, the Administrator shall promulgate updated 
standards within two years of making such determination. This 
section also requires the NRC to promulgate updated technical 
requirements under section 121(b) of the NWPA to be consistent 
with updated generally applicable standards.
    Section 601(b) states that nothing in this section shall 
affect the standards, technical requirements, and criteria for 
the Yucca Mountain site under section 801 of the Energy Policy 
Act of 1992.

Sec. 602 Application

    This section makes a conforming amendment by striking 
section 135(h) of the NWPA, which prohibits DOE from using a 
private facility for management of spent nuclear fuel.

Sec. 603. Transportation safety assistance

    This section amends section 180(c) of the NWPA to direct 
the Secretary to make in-kind, financial, technical, and other 
appropriate assistance for safety activities related to the 
transportation to state and regional entities currently 
receiving technical assistance for training.

Sec. 604. Office of Civilian Radioactive Waste Management

    This section amends section 304(b) of the NWPA to provide 
for not more than two five-year terms for the Director of the 
Office of Civilian Radioactive Waste Management and requires 
the Director to be appointed from persons who have extensive 
expertise and experience in organizational and project 
management. The section also allows the Director to serve up to 
one year following the expiration of the term or until a new 
Director is confirmed.
    Section 604(b) amends section 203(a) of the Department of 
Energy Organization Act by striking paragraph (8) and 
transferring all functions described in that paragraph to the 
Office of Civilian Radioactive Waste Management.
    Section 604(c) makes a conforming amendment to section 
2(17) of the NWPA.

Sec. 605. West Lake Landfill

    This section requires the Administrator of the 
Environmental Protection Agency to submit to Congress a report 
containing a final remedy to be implemented at the West Lake 
Landfill not later than one year after the date of enactment of 
the Act.

Sec. 606. Subseabed or ocean water disposal

    This section amends section 5 of the NWPA by prohibiting 
the subseabed or ocean water disposal of SNF or HLW and 
preventing the funding of any activity relating to such 
disposal.

Sec. 607. Sense of Congress regarding storage of nuclear waste near the 
        Great Lakes

    This section is a sense of Congress stating that the 
Governments of the United States and Canada should not allow 
permanent or long-term storage of SNF or other radioactive 
waste near the Great Lakes.

         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, and existing law in which no 
change is proposed is shown in roman):

                    NUCLEAR WASTE POLICY ACT OF 1982


                   short title and table of contents

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

                            TABLE OF CONTENTS

     * * * * * * *

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

     * * * * * * *

   subtitle subtitle Subtitle C--Monitored Retrievable Storagesubtitle

     * * * * * * *
[Sec. 143. Monitored Retrievable Storage Commission.]
Sec. 143. Conditions for MRS agreements.
     * * * * * * *

             subtitle subtitle Subtitle F--Benefitssubtitle

     * * * * * * *
Sec. 172A. Covered units of local government.

                       Subtitle G--Other Benefits

     * * * * * * *
Sec. 176. Priority funding for certain institutions of higher education.
     * * * * * * *

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

     * * * * * * *
[Sec. 224. Subseabed disposal.]
     * * * * * * *

                              definitions

  Sec. 2. For purposes of this Act:
          (1) The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
          (2) The term ``affected Indian tribe'' means any 
        Indian tribe--
                  (A) within whose reservation boundaries a 
                monitored retrievable storage facility, test 
                and evaluation facility, or a repository for 
                high-level radioactive waste or spent fuel is 
                proposed to be located;
                  (B) whose federally defined possessory or 
                usage rights to other lands outside of the 
                reservation's boundaries arising out of 
                congressionally ratified treaties may be 
                substantially and adversely affected by the 
                locating of such a facility: Provided, That the 
                Secretary of the Interior finds, upon the 
                petition of the appropriate governmental 
                officials of the tribe, that such effects are 
                both substantial and adverse to the tribe;
          (3) The term ``atomic energy defense activity'' means 
        any activity of the Secretary performed in whole or in 
        part in carrying out any of the following functions:
                  (A) naval reactors development;
                  (B) weapons activities including defense 
                inertial confinement fusion;
                  (C) verification and control technology;
                  (D) defense nuclear materials production;
                  (E) defense nuclear waste and materials by-
                products management;
                  (F) defense nuclear materials security and 
                safeguards and security investigations; and
                  (G) defense research and development.
          (4) The term ``candidate site'' means an area, within 
        a geologic and hydrologic system, that is recommended 
        by the Secretary under section 112 for site 
        characterization, approved by the President under 
        section 112 for site characterization, or undergoing 
        site characterization under section 113.
          (5) The term ``civilian nuclear activity'' means any 
        atomic energy activity other than an atomic energy 
        defense activity.
          (6) The term ``civilian nuclear power reactor'' means 
        a civilian nuclear powerplant required to be licensed 
        under section 103 or 104 b. of the Atomic Energy Act of 
        1954 (42 U.S.C. 2133, 2134(b)).
          (7) The term ``Commission'' means the Nuclear 
        Regulatory Commission.
          (8) The term ``Department'' means the Department of 
        Energy.
          (9) The term ``disposal'' means the emplacement in a 
        repository of high-level radioactive waste, spent 
        nuclear fuel, or other highly radioactive material with 
        no foreseeable intent of recovery, whether or not such 
        emplacement permits the recovery of such waste.
          (10) The terms ``disposal package'' and ``package'' 
        mean the primary container that holds, and is in 
        contact with, solidified high-level radioactive waste, 
        spent nuclear fuel, or other radioactive materials, and 
        any overpacks that are emplaced at a repository.
          (11) The term ``engineered barriers'' means manmade 
        components of a disposal system designed to prevent the 
        release of radionuclides into the geologic medium 
        involved. Such term includes the high-level radioactive 
        waste form, high-level radioactive waste canisters, and 
        other materials placed over and around such canisters.
          (12) The term ``high-level radioactive waste'' 
        means--
                  (A) the highly radioactive material resulting 
                from the reprocessing of spent nuclear fuel, 
                including liquid waste produced directly in 
                reprocessing and any solid material derived 
                from such liquid waste that contains fission 
                products in sufficient concentrations; and
                  (B) other highly radioactive material that 
                the Commission, consistent with existing law, 
                determines by rule requires permanent 
                isolation.
          (13) The term ``Federal agency'' means any Executive 
        agency, as defined in section 105 of title 5, United 
        States Code.
          (14) The term ``Governor'' means the chief executive 
        officer of a State.
          (15) The term ``Indian tribe'' means any Indian 
        tribe, band, nation, or other organized group or 
        community of Indians recognized as eligible for the 
        services provided to Indians by the Secretary of the 
        Interior because of their status as Indians, including 
        any Alaska Native village, as defined in section 3(c) 
        of the Alaska Native Claims Settlement Act (43 U.S.C. 
        1602(c)).
          (16) The term ``low-level radioactive waste'' means 
        radioactive material that--
                  (A) is not high-level radioactive waste, 
                spent nuclear fuel, transuranic waste, or by-
                product material as defined in section 11e(2) 
                of the Atomic Energy Act of 1954 (42 U.S.C. 
                2014(e)(2)); and
                  (B) the Commission, consistent with existing 
                law, classifies as low-level radioactive waste.
          (17) The term ``Office'' means the Office of Civilian 
        Radioactive Waste Management established in [section 
        305] section 304.
          (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] a storage 
        facility described in section 141(b)(1).
          (35) The term ``MRS agreement'' means a cooperative 
        agreement, contract, or other mechanism that the 
        Secretary considers appropriate to support the storage 
        of Department-owned civilian waste in one or more 
        monitored retrievable storage facilities as authorized 
        under section 142(b)(2).
          (36) The term ``Department-owned civilian waste'' 
        means high-level radioactive waste, or spent nuclear 
        fuel, resulting from civilian nuclear activities, to 
        which the Department holds title.

           *       *       *       *       *       *       *


                             ocean disposal

  Sec. 5. [Nothing in this Act] (a)  Effect on Marine 
Protection, Research, and Sanctuaries Act of 1972._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.).
  (b) Subseabed or Ocean Water Disposal.--Notwithstanding any 
other provision of law--
          (1) the subseabed or ocean water disposal of spent 
        nuclear fuel or high-level radioactive waste is 
        prohibited; and
          (2) no funds shall be obligated for any activity 
        relating to the subseabed or ocean water disposal of 
        spent nuclear fuel or high-level radioactive waste.

           *       *       *       *       *       *       *


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

           *       *       *       *       *       *       *


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

           *       *       *       *       *       *       *


              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 date on which the Commission issues a final 
decision approving or disapproving such application, 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]
          (1) Applications for construction authorization._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] 30 months after the 
        date of enactment of the Nuclear Waste Policy 
        Amendments Act of 2017, 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] 
        110,000 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] 110,000 
        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.
          (2) Applications to amend.--If the Commission issues 
        a construction authorization for a repository pursuant 
        to paragraph (1) and the Secretary submits an 
        application to amend such authorization, the Commission 
        shall consider the application to amend using 
        expedited, informal procedures, including discovery 
        procedures that minimize the burden on the parties to 
        produce documents. The Commission shall issue a final 
        decision on such application to amend within 1 year 
        after the date of submission of such application, 
        except that the Commission may extend such deadline by 
        not more than 6 months if, not less than 30 days before 
        such deadline, the Commission complies with the 
        reporting requirements established in subsection 
        (e)(2).
          (3) Infrastructure activities.--
                  (A) In general.--At any time before or after 
                the Commission issues a final decision 
                approving or disapproving the issuance of a 
                construction authorization for a repository 
                pursuant to paragraph (1), the Secretary may 
                undertake infrastructure activities that the 
                Secretary considers necessary or appropriate to 
                support construction or operation of a 
                repository at the Yucca Mountain site or 
                transportation to such site of spent nuclear 
                fuel and high-level radioactive waste. 
                Infrastructure activities include safety 
                upgrades, site preparation, the construction of 
                a rail line to connect the Yucca Mountain site 
                with the national rail network (including any 
                facilities to facilitate rail operations), and 
                construction, upgrade, acquisition, or 
                operation of electrical grids or facilities, 
                other utilities, communication facilities, 
                access roads, and nonnuclear support 
                facilities.
                  (B) Environmental analysis.--If the Secretary 
                determines that an environmental analysis is 
                required under the National Environmental 
                Policy Act of 1969 with respect to an 
                infrastructure activity undertaken under this 
                paragraph, the Secretary need not consider 
                alternative actions or a no-action alternative. 
                To the extent any other Federal agency must 
                consider the potential environmental impact of 
                such an infrastructure activity, the agency 
                shall adopt, to the extent practicable, any 
                environmental analysis prepared by the 
                Secretary under this subparagraph without 
                further action. Such adoption satisfies the 
                responsibilities of the adopting agency under 
                the National Environmental Policy Act of 1969, 
                and no further action is required by the 
                agency.
                  (C) No grounds for disapproval.--The 
                Commission may not disapprove, on the grounds 
                that the Secretary undertook an infrastructure 
                activity under this paragraph--
                          (i) the issuance of a construction 
                        authorization for a repository pursuant 
                        to paragraph (1);
                          (ii) a license to receive and possess 
                        spent nuclear fuel and high-level 
                        radioactive waste; or
                          (iii) any other action concerning the 
                        repository.
  (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] nongeologic alternatives to such 
site, or an action connected or otherwise related to the 
repository to the extent the action is undertaken outside the 
geologic repository operations area and does not require a 
license from the Commission.

           *       *       *       *       *       *       *


          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 designated with respect to a repository shall 
be paid out of the Waste Fund.

           *       *       *       *       *       *       *


                     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. Any economic 
benefits derived from the retrieval of spent nuclear fuel 
pursuant to this section shall be shared with the State in 
which the repository is located, affected units of local 
government, and affected Indian tribes.

                           title to material

  Sec. 123. [Delivery] (a)  In General._Delivery , and 
acceptance by the Secretary, of any high-level radioactive 
waste or spent nuclear fuel for a [repository constructed under 
this subtitle] repository or monitored retrievable storage 
facility shall constitute a transfer to the Secretary of title 
to such waste or spent fuel.
  (b) Contract Modification.--The Secretary may enter into new 
contracts or negotiate modifications to existing contracts, 
with any person who generates or holds title to high-level 
radioactive waste or spent nuclear fuel of domestic origin, for 
acceptance of title, subsequent transportation, and storage of 
such high-level radioactive waste or spent nuclear fuel 
(including to expedite such acceptance of title, 
transportation, and storage of such waste or fuel from 
facilities that have ceased commercial operation) at a 
monitored retrievable storage facility authorized under 
subtitle C.

           *       *       *       *       *       *       *


Subtitle B--Interim Storage Program

           *       *       *       *       *       *       *


                     storage of spent nuclear fuel

  Sec. 135. (a) Storage Capacity.--(1) Subject to section 8, 
the Secretary shall provide, in accordance with paragraph (5), 
not more than 1,900 metric tons of capacity for the storage of 
spent nuclear fuel from civilian nuclear power reactors. Such 
storage capacity shall be provided through any one or more of 
the following methods, used in any combination determined by 
the Secretary to be appropriate:
          (A) use of available capacity at one or more 
        facilities owned by the Federal Government on the date 
        of the enactment of this Act, including the 
        modification and expansion of any such facilities, if 
        the Commission determines that such use will adequately 
        protect the public health and safety, except that such 
        use shall not--
                  (i) render such facilities subject to 
                licensing under the Atomic Energy Act of 1954 
                (42 U.S.C. 2011 et seq.) or the Energy 
                Reorganization Act of 1974 (42 U.S.C. 5801 et 
                seq.); or
                  (ii) except as provided in subsection (c) 
                require the preparation of an environmental 
                impact statement under section 102(2)(C) of the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4332(2)(C)), such facility is already 
                being used, or has previously been used, for 
                such storage or for any similar purpose.
          (B) acquisition of any modular or mobile spent 
        nuclear fuel storage equipment, including spent nuclear 
        fuel storage casks, and provision of such equipment, to 
        any person generating or holding title to spent nuclear 
        fuel, at the site of any civilian nuclear power reactor 
        operated by such person or at any site owned by the 
        Federal Government on the date of enactment of this 
        Act;
          (C) construction of storage capacity at any site of a 
        civilian nuclear power reactor.
  (2) Storage capacity authorized by paragraph (1) shall not be 
provided at any Federal or non-Federal site within which there 
is a candidate site for a repository. The restriction in the 
preceding sentence shall only apply until such time as the 
Secretary decides that such candidate site is no longer a 
candidate site under consideration for development as a 
repository.
  (3) In selecting methods of providing storage capacity under 
paragraph (1), the Secretary shall consider the timeliness of 
the availability of each such method and shall seek to minimize 
the transportation of spent nuclear fuel, the public health and 
safety impacts, and the costs of providing such storage 
capacity.
  (4) In providing storage capacity through any method 
described in paragraph (1), the Secretary shall comply with any 
applicable requirements for licensing or authorization of such 
method, except as provided in paragraph (1)(A)(i).
  (5) The Secretary shall ensure that storage capacity is made 
available under paragraph (1) when needed, as determined on the 
basis of the storage needs specified in contracts entered into 
under section 136(a), and shall accept upon request any spent 
nuclear fuel as covered under such contracts.
  (6) For purposes of paragraph (1)(A), the term ``facility'' 
means any building or structure.
  (b) Contracts.--(1) Subject to the capacity limitation 
established in subsections (a) (1) and (d) the Secretary shall 
offer to enter into, and may enter into, contracts under 
section 136(a) with any person generating or owning spent 
nuclear fuel for purposes of providing storage capacity for 
such spent fuel under this section only if the Commission 
determines that--
          (A) adequate storage capacity to ensure the continued 
        orderly operation of the civilian nuclear power reactor 
        at which such spent nuclear fuel is generated cannot 
        reasonably be provided by the person owning and 
        operating such reactor at such site, or at the site of 
        any other civilian nuclear power reactor operated by 
        such person, and such capacity cannot be made available 
        in a timely manner through any method described in 
        subparagraph (B); and
          (B) such person is diligently pursuing licensed 
        alternatives to the use of Federal storage capacity for 
        the storage of spent nuclear fuel expected to be 
        generated by such person in the future, including--
                  (i) expansion of storage facilities at the 
                site of any civilian nuclear power reactor 
                operated by such person;
                  (ii) construction of new or additional 
                storage facilities at the site of any civilian 
                nuclear power reactor operated by such person;
                  (iii) acquisition of modular or mobile spent 
                nuclear fuel storage equipment, including spent 
                nuclear fuel storage casks, for use at the site 
                of any civilian nuclear power reactor operated 
                by such person; and
                  (iv) transshipment to another civilian 
                nuclear power reactor owned by such person.
  (2) In making the determination described in paragraph 
(1)(A), the Commission shall ensure maintenance of a full core 
reserve storage capability at the site of the civilian nuclear 
power reactor involved unless the Commission determines that 
maintenance of such capability is not necessary for the 
continued orderly operation of such reactor.
  (3) The Commission shall complete the determinations required 
in paragraph (1) with respect to any request for storage 
capacity not later than 6 months after receipt of such request 
by the Commission.
  (c) Environmental Review.--(1) The provision of 300 or more 
metric tons of storage capacity at any one Federal site under 
subsection (a)(1)(A) shall be considered to be a major Federal 
action requiring preparation of an environmental impact 
statement under section 102(2)(C) of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
  (2)(A) The Secretary shall prepare, and make available to the 
public, an environmental assessment of the probable impacts of 
any provision of less than 300 metric tons of storage capacity 
at any one Federal site under subsection (a)(1)(A) that 
requires the modification or expansion of any facility at the 
site, and a discussion of alternative activities that may be 
undertaken to avoid such impacts. Such environmental assessment 
shall include--
          (i) an estimate of the amount of storage capacity to 
        be made available at such site;
          (ii) an evaluation as to whether the facilities to be 
        used at such site are suitable for the provision of 
        such storage capacity;
          (iii) a description of activities planned by the 
        Secretary with respect to the modification or expansion 
        of the facilities to be used at such site;
          (iv) an evaluation of the effects of the provision of 
        such storage capacity at such site on the public health 
        and safety, and the environment;
          (v) a reasonable comparative evaluation of current 
        information with respect to such site and facilities 
        and other sites and facilities available for the 
        provision of such storage capacity;
          (vi) a description of any other sites and facilities 
        that have been considered by the Secretary for the 
        provision of such storage capacity; and
          (vii) an assessment of the regional and local impacts 
        of providing such storage capacity at such site, 
        including the impacts on transportation.
  (B) The issuance of any environmental assessment under this 
paragraph shall be considered to be a final agency action 
subject to judicial review in accordance with the provisions of 
chapter 7 of title 5, United States Code. Such judicial review 
shall be limited to the sufficiency of such assessment with 
respect to the items described in clauses (i) through (vii) of 
subparagraph (A).
  (3) Judicial review of any environmental impact statement or 
environmental assessment prepared pursuant to this subsection 
shall be conducted in accordance with the provisions of section 
119.
  (d) Review of Sites and State Participation.--(1) In carrying 
out the provisions of this subtitle with regard to any interim 
storage of spent fuel from civilian nuclear power reactors 
which the Secretary is authorized by section 135 to provide, 
the Secretary shall, as soon as practicable, notify, in 
writing, the Governor and the State legislature of any State 
and the Tribal Council of any affected Indian tribe in such 
State in which is located a potentially acceptable site or 
facility for such interim storage of spent fuel of his 
intention to investigate that site or facility.
  (2) During the course of investigation of such site or 
facility, the Secretary shall keep the Governor, State 
legislature, and affected Tribal Council currently informed of 
the progress of the work, and results of the investigation. At 
the time of selection by the Secretary of any site or existing 
facility, but prior to undertaking any site-specific work or 
alterations, the Secretary shall promptly notify the Governor, 
the legislature, and any affected Tribal Council in writing of 
such selection, and subject to the provisions of paragraph (6) 
of this subsection, shall promptly enter into negotiations with 
such State and affected Tribal Council to establish a 
cooperative agreement under which such State and Council shall 
have the right to participate in a process of consultation and 
cooperation, based on public health and safety and 
environmental concerns, in all stages of the planning, 
development, modification, expansion, operation, and closure of 
storage capacity at a site or facility within such State for 
the interim storage of spent fuel from civilian nuclear power 
reactors. Public participation in the negotiation of such an 
agreement shall be provided for and encouraged by the 
Secretary, the State, and the affected Tribal Council. The 
Secretary, in cooperation with the States and Indian tribes, 
shall develop and publish minimum guidelines for public 
participation in such negotiations, but the adequacy of such 
guidelines or any failure to comply with such guidelines shall 
not be a basis for judicial review.
  (3) The cooperative agreement shall include, but need not be 
limited to, the sharing in accordance with applicable law of 
all technical and licensing information, the utilization of 
available expertise, the facilitating of permitting procedures, 
joint project review, and the formulation of joint surveillance 
and monitoring arrangements to carry out applicable Federal and 
State laws. The cooperative agreement also shall include a 
detailed plan or schedule of milestones, decision points and 
opportunities for State or eligible Tribal Council review and 
objection. Such cooperative agreement shall provide procedures 
for negotiating and resolving objections of the State and 
affected Tribal Council in any stage of planning, development, 
modification, expansion, operation, or closure of storage 
capacity at a site or facility within such State. The terms of 
any cooperative agreement shall not affect the authority of the 
Nuclear Regulatory Commission under existing law.
  (4) For the purpose of this subsection, ``process of 
consultation and cooperation'' means a methodology by which the 
Secretary (A) keeps the State and eligible Tribal Council fully 
and currently informed about the aspects of the project related 
to any potential impact on the public health and safety and 
environment; (B) solicits, receives, and evaluates concerns and 
objections of such State and Council with regard to such 
aspects of the project on an ongoing basis; and (C) works 
diligently and cooperatively to resolve, through arbitration or 
other appropriate mechanisms, such concerns and objections. The 
process of consultation and cooperation shall not include the 
grant of a right to any State or Tribal Council to exercise an 
absolute veto of any aspect of the planning, development, 
modification, expansion, or operation of the project.
  (5) The Secretary and the State and affected Tribal Council 
shall seek to conclude the agreement required by paragraph (2) 
as soon as practicable, but not later than 180 days following 
the date of notification of the selection under paragraph (2). 
The Secretary shall periodically report to the Congress 
thereafter on the status of the agreements approved under 
paragraph (3). Any report to the Congress on the status of 
negotiations of such agreement by the Secretary shall be 
accompanied by comments solicited by the Secretary from the 
State and eligible Tribal Council.
  (6)(A) Upon deciding to provide an aggregate of 300 or more 
metric tons of storage capacity under subsection (a)(1) at any 
one site, the Secretary shall notify the Governor and 
legislature of the State where such site is located, or the 
governing body of the Indian tribe in whose reservation such 
site is located, as the case may be, of such decision. During 
the 60-day period following receipt of notification by the 
Secretary of his decision to provide an aggregate of 300 or 
more metric tons of storage capacity at any one site, the 
Governor or legislature of the State in which such site is 
located, or the governing body of the affected Indian tribe 
where such site is located, as the case may be, may disapprove 
the provision of 300 or more metric tons of storage capacity at 
the site involved and submit to the Congress a notice of such 
disapproval. A notice of disapproval shall be considered to be 
submitted to the Congress on the date of the transmittal of 
such notice of disapproval to the Speaker of the House and the 
President pro tempore of the Senate. Such notice of disapproval 
shall be accompanied by a statement of reasons explaining why 
the provision of such storage capacity at such site was 
disapproved by such Governor or legislature or the governing 
body of such Indian tribe.
  (B) Unless otherwise provided by State law, the Governor or 
legislature of each State shall have authority to submit a 
notice of disapproval to the Congress under subparagraph (A). 
In any case in which State law provides for submission of any 
such notice of disapproval by any other person or entity, any 
reference in this subtitle to the Governor or legislature of 
such State shall be considered to refer instead to such other 
person or entity.
  (C) The authority of the Governor and legislature of each 
State under this paragraph shall not be applicable with respect 
to any site located on a reservation.
  (D) If any notice of disapproval is submitted to the Congress 
under subparagraph (A), the proposed provision of 300 or more 
metric tons of storage capacity at the site involved shall be 
disapproved unless, during the first period of 90 calendar days 
of continuous session of the Congress following the date of the 
receipt by the Congress of such notice of disapproval, the 
Congress passes a resolution approving such proposed provision 
of storage capacity in accordance with the procedures 
established in this paragraph and subsections (d) through (f) 
of section 115 and such resolution thereafter becomes law. For 
purposes of this paragraph, the term ``resolution'' means a 
joint resolution of either House of the Congress, the matter 
after the resolving clause of which is as follows: ``That there 
hereby is approved the provision of 300 or more metric tons of 
spent nuclear fuel storage capacity at the site located at 
________, with respect to which a notice of disapproval was 
submitted by ________ on ________.''. The first blank space in 
such resolution shall be filled with the geographic location of 
the site involved; the second blank space in such resolution 
shall be filled with the designation of the State Governor and 
legislature or affected Indian tribe governing body submitting 
the notice of disapproval involved; and the last blank space in 
such resolution shall be filled with the date of submission of 
such notice of disapproval.
  (E) For purposes of the consideration of any resolution 
described in subparagraph (D), each reference in subsections 
(d) and (e) of section 115 to a resolution of repository siting 
approval shall be considered to refer to the resolution 
described in such subparagraph.
  (7) As used in this section, the term ``affected Tribal 
Council'' means the governing body of any Indian tribe within 
whose reservation boundaries there is located a potentially 
acceptable site for interim storage capacity of spent nuclear 
fuel from civilian nuclear power reactors, or within whose 
boundaries a site for such capacity is selected by the 
Secretary, or whose federally defined possessory or usage 
rights to other lands outside of the reservation's boundaries 
arising out of congressionally ratified treaties, as determined 
by the Secretary of the Interior pursuant to a petition filed 
with him by the appropriate governmental officials of such 
tribe, may be substantially and adversely affected by the 
establishment of any such storage capacity.
  (e) Limitations.--Any spent nuclear fuel stored under this 
section shall be removed from the storage site or facility 
involved as soon as practicable, but in any event not later 
than 3 years following the date on which a repository or 
monitored retrievable storage facility developed under this Act 
is available for disposal of such spent nuclear fuel.
  (f) Report.--The Secretary shall annually prepare and submit 
to the Congress a report on any plans of the Secretary for 
providing storage capacity under this section. Such report 
shall include a description of the specific manner of providing 
such storage selected by the Secretary, if any. The Secretary 
shall prepare and submit the first such report not later than 1 
year after the date of the enactment of this Act.
  (g) Criteria for Determining Adequacy of Available Storage 
Capacity.--Not later than 90 days after the date of the 
enactment of this Act, the Commission pursuant to section 553 
of the Administrative Procedures Act, shall propose, by rule, 
procedures and criteria for making the determination required 
by subsection (b) that a person owning and operating a civilian 
nuclear power reactor cannot reasonably provide adequate spent 
nuclear fuel storage capacity at the civilian nuclear power 
reactor site when needed to ensure the continued orderly 
operation of such reactor. Such criteria shall ensure the 
maintenance of a full core reserve storage capability at the 
site of such reactor unless the Commission determines that 
maintenance of such capability is not necessary for the 
continued orderly operation of such reactor. Such criteria 
shall identify the feasibility of reasonably providing such 
adequate spent nuclear fuel storage capacity, taking into 
account economic, technical, regulatory, and public health and 
safety factors, through the use of high-density fuel storage 
racks, fuel rod compaction, transshipment of spent nuclear fuel 
to another civilian nuclear power reactor within the same 
utility system, construction of additional spent nuclear fuel 
pool capacity, or such other technologies as may be approved by 
the Commission.
  [(h) Application.--Notwithstanding any other provision of 
law, nothing in this Act shall be construed to encourage, 
authorize, or require the private or Federal use, purchase, 
lease, or other acquisition of any storage facility located 
away from the site of any civilian nuclear power reactor and 
not owned by the Federal Government on the date of the 
enactment of this Act.]
  [(i)] (h) 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).

           *       *       *       *       *       *       *


               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] 2019, 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]
          (C) designs, specifications, and cost estimates 
        sufficient to--
                  (i) solicit bids for the construction of one 
                or more such facilities; and
                  (ii) enable completion and operation of such 
                a facility as soon as practicable;
          (D) a plan for integrating facilities constructed 
        pursuant to this section with other storage and 
        disposal facilities authorized in [this Act.] this Act; 
        and
          (E) options to enter into MRS agreements with respect 
        to one or more monitored retrievable storage 
        facilities.
  (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.]
  (4) The Secretary shall, not later than 90 days after the 
date of enactment of the Nuclear Waste Policy Amendments Act of 
2017, publish a request for information to help the Secretary 
evaluate options for the Secretary to enter into MRS agreements 
with respect to one or more monitored retrievable storage 
facilities.
  (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] 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] 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 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.]
  (b) Authorization.--Subject to the requirements of this 
subtitle, the Secretary is authorized to--
          (1) site, construct, and operate one or more 
        monitored retrievable storage facilities; and
          (2) store, pursuant to an MRS agreement, Department-
        owned civilian waste at a monitored retrievable storage 
        facility for which a non-Federal entity holds a license 
        described in section 143(1).
  (c) Priority.--
          (1) In general.--Except as provided in paragraph (2), 
        the Secretary shall prioritize storage of Department-
        owned civilian waste at a monitored retrievable storage 
        facility authorized under subsection (b)(2).
          (2) Exception.--
                  (A) Determination.--Paragraph (1) shall not 
                apply if the Secretary determines that it will 
                be faster and less expensive to site, 
                construct, and operate a facility authorized 
                under subsection (b)(1), in comparison to a 
                facility authorized under subsection (b)(2).
                  (B) Notification.--Not later than 30 days 
                after the Secretary makes a determination 
                described in subparagraph (A), the Secretary 
                shall submit to Congress written notification 
                of such determination.

               [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.]

SEC. 143. CONDITIONS FOR MRS AGREEMENTS.

  (a) In General.--The Secretary may not enter into an MRS 
agreement under section 142(b)(2) unless--
          (1) the monitored retrievable storage facility with 
        respect to which the MRS agreement applies has been 
        licensed by the Commission under the Atomic Energy Act 
        of 1954 (42 U.S.C. 2011 et seq.);
          (2) the non-Federal entity that is a party to the MRS 
        agreement has approval to store Department-owned 
        civilian waste at such facility from each of--
                  (A) the Governor of the State in which the 
                facility is located;
                  (B) any unit of general local government with 
                jurisdiction over the area in which the 
                facility is located; and
                  (C) any affected Indian tribe;
          (3) except as provided in subsection (b), the 
        Commission has issued a final repository decision; and
          (4) the MRS agreement provides that the quantity of 
        high-level radioactive waste and spent nuclear fuel at 
        the site of the facility at any one time will not 
        exceed the limits described in section 148(d)(3) and 
        (4).
  (b) Initial Agreement.--
          (1) Authorization.--The Secretary may enter into one 
        MRS agreement under section 142(b)(2) before the 
        Commission has issued a final repository decision.
          (2) Funding.--There are authorized to be appropriated 
        to carry out this subsection--
                  (A) for each of fiscal years 2020 through 
                2022, the greater of--
                          (i) $50,000,000; or
                          (ii) the amount that is equal to 10 
                        percent of the amounts appropriated 
                        from the Waste Fund in that fiscal 
                        year; and
                  (B) for each of fiscal years 2023 through 
                2025, the amount that is equal to 10 percent of 
                the amounts appropriated from the Waste Fund in 
                that fiscal year.
          (3) Priority.--
                  (A) In general.--An MRS agreement entered 
                into pursuant to paragraph (1) shall, to the 
                extent allowable under this Act (including 
                under the terms of the standard contract 
                established in section 691.11 of title 10, Code 
                of Federal Regulations), provide for 
                prioritization of the storage of Department-
                owned civilian waste that originated from 
                facilities that have ceased commercial 
                operation.
                  (B) No effect on standard contract.--Nothing 
                in subparagraph (A) shall be construed to amend 
                or otherwise alter the standard contract 
                established in section 691.11 of title 10, Code 
                of Federal Regulations.
          (4) Conditions.--
                  (A) No storage.--Except as provided in 
                subparagraph (B), the Secretary may not store 
                any Department-owned civilian waste at the 
                initial MRS facility until the Commission has 
                issued a final repository decision.
                  (B) Exception.--
                          (i) Finding.--The Secretary, in 
                        consultation with the Chairman of the 
                        Commission, may make a finding that a 
                        final repository decision is imminent, 
                        which finding shall be updated not less 
                        often than quarterly until the date on 
                        which the Commission issues a final 
                        repository decision.
                          (ii) Storage.--If the Secretary makes 
                        a finding under clause (i), the 
                        Secretary may store Department-owned 
                        civilian waste at the initial MRS 
                        facility in accordance with this 
                        section.
                          (iii) Notice.--Not later than seven 
                        days after the Secretary makes or 
                        updates a finding under clause (i), the 
                        Secretary shall submit to Congress 
                        written notification of such finding.
                          (iv) Reporting.--In addition to the 
                        requirements of section 114(c), if the 
                        Secretary makes a finding under clause 
                        (i), the Secretary shall submit to 
                        Congress the report described in such 
                        section 114(c) not later than 1 month 
                        after the Secretary makes such finding 
                        and monthly thereafter until the date 
                        on which the Commission issues a final 
                        repository decision.
                  (C) No effect on federal disposal policy.--
                Nothing in this subsection affects the Federal 
                responsibility for the disposal of high-level 
                radioactive waste and spent nuclear fuel, or 
                the definite Federal policy with regard to the 
                disposal of such waste and spent fuel, 
                established under subtitle A, as described in 
                section 111(b).
  (c) Definitions.--For purposes of this section:
          (1) Final repository decision.--The term ``final 
        repository decision'' means a final decision approving 
        or disapproving the issuance of a construction 
        authorization for a repository under section 114(d)(1).
          (2) Initial mrs facility.--The term ``initial MRS 
        facility'' means the monitored retrievable storage 
        facility with respect to which an MRS agreement is 
        entered into pursuant to subsection (b)(1).

                                 SURVEY

  Sec. 144. [After the MRS Commission submits its report to the 
Congress under section 143, the] (a) In General._The  Secretary 
may conduct a survey and evaluation of potentially suitable 
sites [for a monitored retrievable storage facility] for any 
monitored retrievable storage facility authorized under section 
142. 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[.]; and
          (8) be acceptable to State authorities, affected 
        units of local government, and affected Indian tribes.
  (b) Request for Proposals.--The Secretary shall issue a 
request for proposals for an MRS agreement authorized under 
section 142(b)(2) before conducting a survey and evaluation 
under subsection (a), and shall consider any proposals received 
in response to such request in making the evaluation.

                             Site Selection

  Sec. 145. (a) In General.--The Secretary may [select the site 
evaluated] select a 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 authorized under section 142(b)(1) 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] subsection (f) of such section, 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] this section, 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 the Secretary intends to construct 
and operate under section 142(b)(1) is made by the Secretary 
under section 145, or once a non-Federal entity enters into an 
MRS agreement under section 142(b)(2), 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)] section 142(b)(1) 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)] has 
        issued a final decision approving or disapproving the 
        issuance of a construction authorization for a 
        repository under section 114(d)(1);
          (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 authorized under section 
142(b)(1) in the same manner as for a repository.

           *       *       *       *       *       *       *


                          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 made available 
pursuant to a benefits agreement under this section may be made 
available only in accordance [with a benefits agreement under 
this section] with such benefits agreement.
  (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] may 
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] may 
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 per State, may be in effect under 
this section at any one time.
  (f) Judicial Review.--Decisions of the Secretary under this 
section are not subject to judicial review.
  (g) Consent.--The acceptance or use of any of the benefits 
provided under a benefits agreement under this section by the 
State of Nevada shall not be considered to be an expression of 
consent, express or implied, to the siting of a repository in 
such State.

                         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...........
------------------------------------------------------------------------



                                                BENEFITS SCHEDULE
 
----------------------------------------------------------------------------------------------------------------
                             Event                                        MRS                   Repository
----------------------------------------------------------------------------------------------------------------
(A) Annual payments prior to first spent fuel receipt.........               $5,000,000              $15,000,000
(B) Upon first spent fuel receipt.............................              $10,000,000  The amount described in
                                                                                            section 302(f)(1)(B)
(C) Annual payments after first spent fuel receipt until                    $10,000,000    The amounts described
 closure of the facility......................................                           in section 302(f)(1)(C)
----------------------------------------------------------------------------------------------------------------

  (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)] paragraphs (7) and 
(8), 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.
  (8) None of the payments under this section may be used--
          (A) 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;
          (B) for litigation purposes; or
          (C) to support multistate efforts or other coalition-
        building activities inconsistent with the siting, 
        construction, or operation of the monitored retrievable 
        storage facility or repository concerned.
  (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)] (2) 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)] (3) 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)] (4) 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 Secretary shall make payments 
to the State of Nevada under a benefits agreement concerning a 
repository under section 170 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.

           *       *       *       *       *       *       *


SEC. 172A. COVERED UNITS OF LOCAL GOVERNMENT.

  (a) Benefits Agreement.--Not earlier than 1 year after the 
date of enactment of this section, the Secretary may enter into 
a benefits agreement with any covered unit of local government 
concerning a repository for the acceptance of high-level 
radioactive waste or spent nuclear fuel in the State of Nevada.
  (b) Content of Agreements.--In addition to any benefits to 
which a covered unit of local government is entitled under this 
Act, the Secretary shall make payments to such covered unit of 
local government that is a party to a benefits agreement under 
subsection (a) to mitigate impacts described in section 175(b).
  (c) Payments From Waste Fund.--The Secretary shall make 
payments to a covered unit of local government under a benefits 
agreement under this section from the Waste Fund.
  (d) Restriction on Use.--None of the payments made pursuant 
to a benefits agreement under this section 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 siting, 
        construction, or operation of the repository.
  (e) Consent.--The acceptance or use of any of the benefits 
provided under a benefits agreement under this section by any 
covered unit of local government shall not be considered to be 
an expression of consent, express or implied, to the siting of 
a repository in the State of Nevada.
  (f) Covered Unit of Local Government Defined.--In this 
section, the term ``covered unit of local government'' means--
          (1) any affected unit of local government with 
        respect to a repository; and
          (2) any unit of general local government in the State 
        of Nevada.

                              termination

  Sec. 173. (a) In General.--The Secretary may terminate a 
benefits agreement [under this title if] under this title--
          (1) concerning a repository or a monitored 
        retrievable storage facility, if 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] 
        concerning a repository, if the Commission issues a 
        final decision disapproving the issuance of a 
        construction authorization for a repository under 
        section 114(d)(1).
  [(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.]
  (b) Termination by State or Indian Tribe.--A State, covered 
unit of local government (as defined in section 172A), or 
Indian tribe may only terminate a benefits agreement under this 
title--
          (1) concerning a repository or a monitored 
        retrievable storage facility, 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
          (2) concerning a repository, if the Commission issues 
        a final decision disapproving the issuance of a 
        construction authorization for a repository under 
        section 114(d)(1).
  (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

           *       *       *       *       *       *       *


                                 report

  Sec. 175. (a) In General.--Within one year of the date of the 
enactment of the [Nuclear Waste Policy Amendments Act of 1987] 
Nuclear Waste Policy Amendments Act of 2017, 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.

SEC. 176. PRIORITY FUNDING FOR CERTAIN INSTITUTIONS OF HIGHER 
                    EDUCATION.

  (a) In General.--In providing any funding to institutions of 
higher education from the Waste Fund, the Secretary shall 
prioritize institutions of higher education that are located in 
the State of Nevada.
  (b) Definition.--In this section, the term ``institution of 
higher education'' has the meaning given that term in section 
101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

                       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) Training and Assistance.--
          (1) Training.--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]
          (2) Assistance.--The Secretary shall, subject to the 
        availability of appropriations, provide in-kind, 
        financial, technical, and other appropriate assistance, 
        for safety activities related to the transportation of 
        high-level radioactive waste or spent nuclear fuel, to 
        any entity receiving technical assistance or funds 
        under paragraph (1).
          (3) Source of funding.--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

           *       *       *       *       *       *       *


                          [subseabed disposal

  [Sec. 224.
  [(b) Office of Subseabed Disposal Research.--(1) There is 
hereby established an Office of Subseabed Disposal Research 
within the Office of 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

           *       *       *       *       *       *       *


                           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)] paragraphs (2), (3), and 
(4) 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]
  (4) Assessment, collection, and payment of fees._
          (A) Assessment of fees._Not later than  180 days 
        after [the date of enactment of this Act] the date of 
        enactment of the Nuclear Waste Policy Amendments Act of 
        2017, the Secretary shall establish procedures for the 
        [collection and payment] assessment 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] such amount 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] will result from such 
        amounts, 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] 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 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.] 
        the date that is 180 days after the date of such 
        transmittal.
          (B) Collection and payment of fees.--
                  (i) In general.--Not later than 180 days 
                after the date of enactment of Nuclear Waste 
                Policy Amendments Act of 2017, the Secretary 
                shall establish procedures for the collection 
                and payment of the fees established by 
                paragraph (2) and paragraph (3), or adjusted 
                pursuant to subparagraph (A).
                  (ii) Limitation on collection.--The Secretary 
                may not collect a fee established under 
                paragraph (2), including a fee established 
                under paragraph (2) and adjusted pursuant to 
                subparagraph (A)--
                          (I) until the date on which the 
                        Commission issues a final decision 
                        approving or disapproving the issuance 
                        of a construction authorization for a 
                        repository under section 114(d)(1); and
                          (II) after such date, in an amount 
                        that will cause the total amount of 
                        fees collected under this subsection in 
                        any fiscal year to exceed 90 percent of 
                        the amounts appropriated for that 
                        fiscal year for purposes described in 
                        subsection (d).
                  (iii) Payment of full amounts.--
                Notwithstanding the noncollection of a fee by 
                the Secretary pursuant to clause (ii) in any 
                fiscal year, a person who has entered into a 
                contract with the Secretary under this 
                subsection shall pay any uncollected amounts 
                when determined necessary by the Secretary, 
                subject to clause (ii), for purposes described 
                in subsection (d).
  (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;] maintenance and monitoring of any repository 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;] to be 
        disposed of in a repository 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] at a repository site 
        or a test and evaluation facility site and necessary or 
        incident to such repository or test and evaluation 
        facility;
          (6) the provision of assistance to States, units of 
        general local government, and Indian tribes under 
        sections 116, 118, and 219[.]; and
          (7) payments under benefits agreements for a 
        repository entered into under section 170 or 172A.
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] 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 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.
  (f) Availability of Certain Amounts.--
          (1) In general.--Notwithstanding any other provision 
        of this section, for the purposes described in 
        subsection (d) that are specified in subparagraphs (A) 
        through (E) of this paragraph, the following amounts 
        from the Waste Fund shall be available to the Secretary 
        without further appropriation:
                  (A) An amount equal to 1 percent of 2017 
                Waste Fund amounts, on the date on which high-
                level radioactive waste or spent nuclear fuel 
                is received at the Yucca Mountain site, and in 
                each of the 25 years thereafter, for costs 
                associated with construction and operation of a 
                repository or facilities at the Yucca Mountain 
                site.
                  (B) An amount equal to 1 percent of 2017 
                Waste Fund amounts, on the date on which high-
                level radioactive waste or spent nuclear fuel 
                is received at the Yucca Mountain site, to make 
                payments under a benefits agreement entered 
                into under section 170 with the State of Nevada 
                concerning a repository.
                  (C) An amount equal to 0.1 percent of 2017 
                Waste Fund amounts, on the date that is one 
                year after the date on which high-level 
                radioactive waste or spent nuclear fuel is 
                received at the Yucca Mountain site, and in 
                each year thereafter until closure of the 
                repository, to make payments under a benefits 
                agreement entered into under section 170 with 
                the State of Nevada concerning a repository.
                  (D) An amount equal to 20 percent of 2017 
                Waste Fund amounts, on the date on which 
                monitoring of the repository during the 
                decommissioning period commences, for waste 
                package and drip shield fabrication activities.
                  (E) An amount equal to the amount of any fee 
                collected pursuant to subsection (a)(3) after 
                the date of enactment of the Nuclear Waste 
                Policy Amendments Act of 2017, on the date on 
                which such fee is collected, for costs 
                associated with construction and operation of a 
                repository or facilities at the Yucca Mountain 
                site.
          (2) 2017 waste fund amounts.--For purposes of this 
        subsection, the term ``2017 Waste Fund amounts'' means 
        the amounts in the Waste Fund on the date of enactment 
        of the Nuclear Waste Policy Amendments Act of 2017.

           *       *       *       *       *       *       *


            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.]
  (b) Director.--
          (1) Functions.--The Director of the Office shall be 
        responsible for carrying out the functions of the 
        Secretary under this Act. The Director of the Office 
        shall report directly to the Secretary.
          (2) Qualifications.--The Director of the Office shall 
        be appointed from among persons who have extensive 
        expertise and experience in organizational and project 
        management.
          (3) Tenure.--The Director of the Office may serve not 
        more than two 5-year terms.
          (4) Service during interim period.--Upon expiration 
        of the Director's term, the Director may continue to 
        serve until the earlier of--
                  (A) the date on which a new Director is 
                confirmed; or
                  (B) the date that is one year after the date 
                of such expiration.
          (5) Removal.--The President may remove the Director 
        only for inefficiency, neglect of duty, or malfeasance 
        in office. If the President removes the Director, the 
        President shall submit to Congress a statement 
        explaining the reason for such removal.
  (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.

           *       *       *       *       *       *       *

                              ----------                              


                 DEPARTMENT OF ENERGY ORGANIZATION ACT



           *       *       *       *       *       *       *
TITLE II--ESTABLISHMENT OF THE DEPARTMENT

           *       *       *       *       *       *       *


                         assistant secretaries

  Sec. 203. (a) There shall be in the Department 8 Assistant 
Secretaries, each of whom shall be appointed by the President, 
by and with the advice and consent of the Senate; who shall be 
compensated at the rate provided for at level IV of the 
Executive Schedule under section 5315 of title 5, United States 
Code; and who shall perform, in accordance with applicable law, 
such of the functions transferred or delegated to, or vested 
in, the Secretary as he shall prescribe in accordance with the 
provisions of this Act. The functions which the Secretary shall 
assign to the Assistant Secretaries include, but are not 
limited to, the following:
          (1) Energy resource applications, including functions 
        dealing with management of all forms of energy 
        production and utilization, including fuel supply, 
        electric power supply, enriched uranium production, 
        energy technology programs, and the management of 
        energy resource leasing procedures on Federal lands.
          (2) Energy research and development functions, 
        including the responsibility for policy and management 
        of research and development for all aspects of--
                  (A) solar energy resources;
                  (B) geothermal energy resources;
                  (C) recycling energy resources;
                  (D) the fuel cycle for fossil energy 
                resources; and
                  (E) the fuel cycle for nuclear energy 
                resources.
          (3) Environmental responsibilities and functions, 
        including advising the Secretary with respect to the 
        conformance of the Department's activities to 
        environmental protection laws and principles, and 
        conducting a comprehensive program of research and 
        development on the environmental effects of energy 
        technologies and programs.
          (4) International programs and international policy 
        functions, including those functions which assist in 
        carrying out the international energy purposes 
        described in section 102 of this Act.
          (6) Intergovernmental policies and relations 
        including responsibilities for assuring that national 
        energy policies are reflective of and responsible to 
        the needs of State and local governments, and for 
        assuring that other components of the Department 
        coordinate their activities with State and local 
        governments, where appropriate, and develop 
        intergovernmental communications with State and local 
        governments.
          (7) Competition and consumer affairs, including 
        responsibilities for the promotion of competition in 
        the energy industry and for the protection of the 
        consuming public in the energy policymaking processes, 
        and assisting the Secretary in the formulation and 
        analysis of policies, rules, and regulations relating 
        to competition and consumer affairs.
          [(8) Nuclear waste management responsibilities, 
        including--
                  [(A) the establishment of control over 
                existing Government facilities for the 
                treatment and storage of nuclear wastes, 
                including all containers, casks, buildings, 
                vehicles, equipment, and all other materials 
                associated with such facilities;
                  [(B) the establishment of control over all 
                existing nuclear waste in the possession or 
                control of the Government and all commercial 
                nuclear waste presently stored on other than 
                the site of a licensed nuclear power electric 
                generating facility, except that nothing in 
                this paragraph shall alter or effect title to 
                such waste;
                  [(C) the establishment of temporary and 
                permanent facilities for storage, management, 
                and ultimate disposal of nuclear wastes;
                  [(D) the establishment of facilities for the 
                treatment of nuclear wastes;
                  [(E) the establishment of programs for the 
                treatment, management, storage, and disposal of 
                nuclear wastes;
                  [(F) the establishment of fees or user 
                charges for nuclear waste treatment or storage 
                facilities, including fees to be charged 
                Government agencies; and
                  [(G) the promulgation of such rules and 
                regulations to implement the authority 
                described in this paragraph,
        except that nothing in this section shall be construed 
        as granting to the Department regulatory functions 
        presently within the Nuclear Regulatory Commission, or 
        any additional functions than those already conferred 
        by law.]
          (9) Energy conservation functions, including the 
        development of comprehensive energy conservation 
        strategies for the Nation, the planning and 
        implementation of major research and demonstration 
        programs for the development of technologies and 
        processes to reduce total energy consumption, the 
        administration of voluntary and mandatory energy 
        conservation programs, and the dissemination to the 
        public of all available information on energy 
        conservation programs and measures.
          (10) Power marketing functions, including 
        responsibility for marketing and transmission of 
        Federal power.
          (11) Public and congressional relations functions, 
        including responsibilities for providing a continuing 
        liaison between the Department and the Congress and the 
        Department and the public.
  (b) At the time the name of any individual is submitted for 
confirmation to the position of Assistant Secretary, the 
President shall identify with particularity the function or 
functions described in subsection (a) (or any portion thereof) 
for which such individual will be responsible.

           *       *       *       *       *       *       *


                            ADDITIONAL VIEWS

    At the April 26, 2017 Environment Subcommittee legislative 
hearing and June 15, 2017 Subcommittee markup, numerous 
Democratic members discussed the importance of developing a 
solution to store spent nuclear fuel that is currently being 
stored at shutdown--or soon-to-be shutdown--reactors across the 
country. To that end, the manager's amendment agreed to at the 
Full Committee markup contained a provision, based upon a 
proposal developed by Rep. Doris Matsui (D-CA), to allow the 
Secretary of Energy to enter into interim storage ``pilot 
program'' agreements for storing spent nuclear fuel from 
shutdown reactors across the country. The issue of waste at 
shutdown plants has become one of great concern to communities 
across the nation, particularly in light of the changing 
economics that have resulted in the early closure of many 
nuclear power facilities. This pilot program can move forward 
directly after enactment and is not linked to whether the 
Nuclear Regulatory Commission (NRC) has issued a decision on a 
permanent repository (e.g. the pending license application for 
the Yucca Mountain site).
    Unfortunately, the bill leaves in place a restriction 
against licensing subsequent interim storage facilities (after 
the initial ``pilot'' facility) until the NRC decides whether 
to license a permanent repository. This limits the ability of 
the Department of Energy (DOE) to pursue a second interim 
storage facility to store spent nuclear fuel if licensing on a 
permanent repository is stalled.
    The bill further leaves in place the current statutory cap 
(10,000 metric tons) on the amount of spent nuclear fuel that 
may be placed in the interim storage facility, which could 
provide an arbitrary limit on a facility that might otherwise 
be able to handle more spent nuclear fuel. The inventory of 
spent nuclear fuel in the United States is now over 72,000 
metric tons and is expected to grow to 139,000 metric tons by 
2067.\1\ Most of the current inventory is stored onsite, where 
it was generated, in wet pools or dry casks.\2\ Spent fuel is 
generally stored in pools for five years, and then transferred 
to dry casks after it has cooled to within the heat limits of 
the casks.\3\ However, at many facilities capacity for storage 
in wet pools has been exhausted, requiring more fuel to be 
transferred to dry casks and exacerbating the need for near-
term solutions such as interim storage sites to store spent 
nuclear fuel.
---------------------------------------------------------------------------
    \1\Government Accountability Office, Outreach Needed to Help Gain 
Public Acceptance for Federal Activities that Address Liability, at 11 
(Oct. 2014) (GAO-15-141).
    \2\Id. at 14.
    \3\Id. at 7.
---------------------------------------------------------------------------
    The legislation was greatly improved by an amendment agreed 
to during the Full Committee markup that removed several 
troubling Nevada-related policies from the introduced bill. The 
amendment struck section 202 of the introduced bill, which 
declared the use of water at the Yucca Mountain site to be 
beneficial and not detrimental to the public interest. In 2002, 
the Nevada State Engineer denied DOE's request for water rights 
at the Yucca Mountain site on the basis that the use was not 
beneficial and was detrimental to the public interest.\4\ The 
amendment also removed language from the introduced bill that 
would have severely limited Nevada's Clean Air Act authority at 
the site.
---------------------------------------------------------------------------
    \4\Congressional Research Service, Legal Developments Relating to 
Nuclear Waste Storage and Disposal (Aug. 2016) (R44151).
---------------------------------------------------------------------------
    Section 202 of the reported bill allows for amendments to 
an approved constmction authorization license to be considered 
using expedited and informal procedures at NRC. Expedited and 
informal procedures at NRC place limits on challenges and 
adjudication of contentions, which could limit the ability of 
interveners to raise issues with amended applications. This 
section also requires any other federal agency considering the 
environmental impact of infrastructure activities at the Yucca 
Mountain site to adopt, to the extent practicable, the 
environmental impact statement prepared by DOE.
    We continue to question the need for Congress to intervene 
legislatively in the debate over Yucca Mountain at this point 
in time. The Trump Administration, which has already announced 
its intention to revive the stalled project, already holds 
sufficient authority under current law to move forward on a 
license for a repository at that location. Without passing 
judgement on the merits or final disposition of the Yucca 
Mountain project, we remain concerned that any provisions 
addressing Yucca Mountain greatly narrow the legislation's path 
to enactment, thus hindering efforts to address more immediate 
and pressing needs for interim storage.
    Nonetheless, while there are a few concerning provisions 
remaining in H.R. 3053, as highlighted above, we believe that, 
overall, the legislation is a balanced step in the right 
direction that will benefit ratepayers, taxpayers and those 
living near nuclear facilities housing nuclear waste.

                                   Frank Pallone, Jr.,
                                           Rank Member.
                                   Paul Tonko,
                                           Ranking Member, Subcommittee 
                                               on Environment.

                            DISSENTING VIEWS

    I oppose the Nuclear Waste Policy Amendments Act of 2017, 
which unfortunately makes it more likely that a future interim 
storage site becomes a permanent home for nuclear waste. As 
former Senator and chairman of the Senate Energy & Natural 
Resources Committee Jeff Bingaman once put it,'' interim 
storage can play an important role in a comprehensive waste 
management program, but only as an integral part of the 
repository program and not as an alternative to, or de facto 
substitute for, permanent disposal.''
    There is no doubt that these issues are complicated and I 
believe that we have a responsibility to address the waste 
issues that result from our country entering the atomic age. 
But I do not believe that addressing nuclear waste is our only 
responsibility. Seventy years ago, rural New Mexico became 
ground zero for the detonation of the first nuclear bomb. While 
it would usher in the start of the atomic age, it also marked 
the beginning of sickness and suffering for generations of 
people who lived and grew up in the Tularosa Basin.
    To help those Americans who sacrificed so much for our 
national security, Congress passed the Radiation Exposure 
Compensation Act (RECA) in 1990 and later broadened the scope 
of the Act's coverage in 2000. However, we have since learned 
that many additional individuals who are sick or dying from 
radiation exposure are unable to receive the compensation they 
deserve.
    To address this failure, I have repeatedly introduced the 
Radiation Exposure Compensation Act Amendments, which expands 
compensation for those exposed to radiation while working in 
uranium mines or living downwind from atomic weapons tests. 
And, I have committed to my constituents that I will take every 
opportunity I can to educate my colleagues in the House on the 
critical need to compensate all those who played a key role in 
our national security during the Cold War and have suffered as 
a result of their efforts.
    Thoughtful nuclear waste policy is incredibly important but 
so is fairly compensating those who were exposed to radiation 
as they worked to ensure our nation's security. We need to act. 
It is the right thing to do and is a vital part of addressing 
our nation's nuclear legacy.
            Sincerely,
                                             Ben Ray Lujan,
                                                Member of Congress.
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