Home > 105th Congressional Bills > H.R. 1270 (rh) To amend the Nuclear Waste Policy Act of 1982. ...H.R. 1270 (rh) To amend the Nuclear Waste Policy Act of 1982. ...
``(1) Submission of statement.--Construction and operation
of the repository shall be considered a major Federal action
significantly affecting the quality of the human environment
for purposes of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.). The Secretary shall submit an
environmental impact statement on the construction and
operation of the repository to the Commission with the
application for construction authorization.
``(2) Considerations.--For purposes of complying with the
requirements of the National Environmental Policy Act of 1969
and this section, the Secretary shall not consider in the
environmental impact statement the need for the repository,
alternative sites for the repository, the time of the initial
availability of the repository, or any alternatives to the
isolation of spent nuclear fuel and high-level radioactive
waste in a repository.
``(3) Adoption by commission.--The Secretary's
environmental impact statement and any supplements thereto
shall, to the extent practicable, be adopted by the Commission
in connection with the issuance by the Commission of a
construction authorization under subsection (b)(1), a license
under subsection (b)(2), or a license amendment under
subsection (b)(3). To the extent such statement or supplement
is adopted by the Commission, such adoption shall be deemed to
also satisfy the responsibilities of the Commission under the
National Environmental Policy Act of 1969, and no further
consideration shall be required, except that nothing in this
subsection shall affect any independent responsibilities of the
Commission to protect the public health and safety under the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). In any such
statement prepared with respect to the repository, the
Commission shall not consider the need for a repository, the
time of initial availability of the repository, alternate sites
to the Yucca Mountain site, or nongeologic alternatives to such
site.
``(f) Judicial Review.--No court shall have jurisdiction to enjoin
issuance of the Commission repository licensing regulations prior to
its final decision on review of such regulations.
``SEC. 206. LAND WITHDRAWAL.
``(a) Withdrawal and Reservation.--
``(1) Withdrawal.--Subject to valid existing rights, the
interim storage facility site and the Yucca Mountain site, as
described in subsection (b), are withdrawn from all forms of
entry, appropriation, and disposal under the public land laws,
including the mineral leasing laws, the geothermal leasing
laws, the material sale laws, and the mining laws.
``(2) Jurisdiction.--Jurisdiction of any land within the
interim storage facility site and the Yucca Mountain site
managed by the Secretary of the Interior or any other Federal
officer is transferred to the Secretary.
``(3) Reservation.--The interim storage facility site and
the Yucca Mountain site are reserved for the use of the
Secretary for the construction and operation, respectively, of
the interim storage facility and the repository and activities
associated with the purposes of this title.
``(b) Land Description.--
``(1) Boundaries.--The boundaries depicted on the map
entitled `Interim Storage Facility Site Withdrawal Map', dated
July 28, 1995, and on file with the Secretary, are established
as the boundaries of the interim storage facility site.
``(2) Boundaries.--The boundaries depicted on the map
entitled `Yucca Mountain Site Withdrawal Map,' dated July 28,
1995, and on file with the Secretary, are established as the
boundaries of the Yucca Mountain site.
``(3) Notice and maps.--Within 6 months of the date of
enactment of this Act, the Secretary shall--
``(A) publish in the Federal Register a notice
containing a legal description of the interim storage
facility site; and
``(B) file copies of the maps described in
paragraph (1), and the legal description of the interim
storage facility site with the Congress, the Secretary
of the Interior, the Governor of Nevada, and the
Archivist of the United States.
``(4) Notice and maps.--Concurrent with the Secretary's
application to the Commission for authority to construct the
repository, the Secretary shall--
``(A) publish in the Federal Register a notice
containing a legal description of the Yucca Mountain
site; and
``(B) file copies of the maps described in
paragraph (2), and the legal description of the Yucca
Mountain site with the Congress, the Secretary of the
Interior, the Governor of Nevada, and the Archivist of
the United States.
``(5) Construction.--The maps and legal descriptions of the
interim storage facility site and the Yucca Mountain site
referred to in this subsection shall have the same force and
effect as if they were included in this Act. The Secretary may
correct clerical and typographical errors in the maps and legal
descriptions and make minor adjustments in the boundaries of
the sites.
``SEC. 207. APPLICABILITY.
``Nothing in this Act shall affect the application of chapter 51 of
title 49, United States Code; part A of subtitle V of title 49, United
States Code; part B of subtitle VI of title 49, United States Code; and
title 23, United States Code.
``TITLE III--LOCAL RELATIONS
``SEC. 301. ON-SITE REPRESENTATIVE.
``The Secretary shall offer to Nye County, Nevada, an opportunity
to designate a representative to conduct on-site oversight activities
at the Yucca Mountain site. Reasonable expenses of such representatives
shall be paid by the Secretary.
``SEC. 302. BENEFITS AGREEMENTS.
``(a) In General.--
``(1) Separate agreements.--The Secretary shall offer to
enter into separate agreements with Nye County, Nevada, and
Lincoln County, Nevada, concerning the integrated management
system.
``(2) Agreement content.--Any agreement shall contain such
terms and conditions, including such financial and
institutional arrangements, as the Secretary and agreement
entity determine to be reasonable and appropriate and shall
contain such provisions as are necessary to preserve any right
to participation or compensation of Nye County, Nevada, and
Lincoln County, Nevada.
``(b) Amendment.--An agreement entered into under subsection (a)
may be amended only with the mutual consent of the parties to the
amendment and terminated only in accordance with subsection (c).
``(c) Termination.--The Secretary shall terminate an agreement
under subsection (a) if any element of the integrated management system
may not be completed.
``(d) Limitation.--Only 1 agreement each for Nye County, Nevada,
and Lincoln County, Nevada, may be in effect at any one time.
``(e) Judicial Review.--Decisions of the Secretary under this
section are not subject to judicial review.
``SEC. 303. CONTENT OF AGREEMENTS.
``(a) In General.--
``(1) Schedule.--The Secretary, subject to appropriations,
shall make payments to the party of a benefits agreement under
section 302(a) in accordance with the following schedule:
``BENEFITS SCHEDULE
[Amounts in millions]
------------------------------------------------------------------------
Event County
------------------------------------------------------------------------
(A) Annual payments prior to first receipt of fuel........... $2.5
(B) Upon first spent fuel receipt............................ $5
(C) Annual payments after first spent fuel receipt until
closure of facility......................................... $5
------------------------------------------------------------------------
``(2) Definitions.--For purposes of this section, the
term--
``(A) `spent fuel' means high-level radioactive
waste or spent nuclear fuel; and
``(B) `first spent fuel receipt' does not include
receipt of spent fuel or high-level radioactive waste
for purposes of testing or operational demonstration.
``(3) Annual payments.--Annual payments prior to first
spent fuel receipt under line (A) of the benefit schedule shall
be made on the date of execution of the benefits agreement and
thereafter on the anniversary date of such execution. Annual
payments after the first spent fuel receipt until closure of
the facility under line (C) of the benefit schedule shall be
made on the anniversary date of such first spent fuel receipt.
``(4) Reduction.--If the first spent fuel payment under
line (B) is made within 6 months after the last annual payment
prior to the receipt of spent fuel under line (A) of the
benefit schedule, such first spent fuel payment under line (B)
of the benefit schedule shall be reduced by an amount equal to
\1/12\ of such annual payment under line (A) of the benefit
schedule for each full month less than 6 that has not elapsed
since the last annual payment under line (A) of the benefit
schedule.
``(b) Contents.--A benefits agreement under section 302 shall
provide that--
``(1) the parties to the agreement shall share with one
another information relevant to the licensing process for the
interim storage facility or repository, as it becomes
available; and
``(2) the affected unit of local government that is party
to such agreement may comment on the development of the
integrated management system and on documents required under
law or regulations governing the effects of the system on the
public health and safety.
``(c) Construction.--The signature of the Secretary on a valid
benefits agreement under section 302 shall constitute a commitment by
the United States to make payments in accordance with such agreement.
``SEC. 304. ACCEPTANCE OF BENEFITS.
``(a) Consent.--The acceptance or use of any of the benefits
provided under this title by any affected unit of local government
shall not be deemed to be an expression of consent, express, or denied,
either under the Constitution of the State of Nevada or any law
thereof, to the siting of the interim storage facility or repository in
the State of Nevada, any provision of such Constitution or laws to the
contrary notwithstanding.
``(b) Arguments.--Neither the United States nor any other entity
may assert any argument based on legal or equitable estoppel, or
acquiescence, or waiver, or consensual involvement, in response to any
decision by the State of Nevada, to oppose the siting in Nevada of the
interim storage facility or repository premised upon or related to the
acceptance or use of benefits under this title.
``(c) Liability.--No liability of any nature shall accrue to be
asserted against the State of Nevada, its Governor, any official
thereof, or any official of any governmental unit thereof, premised
solely upon the acceptance or use of benefits under this title.
``SEC. 305. RESTRICTION ON USE OF FUNDS.
``None of the funding provided under section 303 may be used--
``(1) directly or indirectly to influence legislative
action on any matter pending before Congress or a State
legislature or for any lobbying activity as provided in section
1913 of title 18, United States Code;
``(2) for litigation purposes; and
``(3) to support multistate efforts or other coalition-
building activities inconsistent with the purposes of this Act.
``SEC. 306. INITIAL LAND CONVEYANCES.
``(a) Conveyance of Public Lands.--Within 120 days after October 1,
1998, the Secretary of the Interior, or other agency with jurisdiction
over the public lands described in subsection (b), shall convey the
public lands described in subsection (b) to the appropriate county,
unless the county notifies the Secretary of the Interior or the head of
such other appropriate agency in writing within 60 days of such date of
enactment that it elects not to take title to all or any part of the
property, except that any lands conveyed to the County of Nye, County
of Lincoln, or the City of Caliente under this subsection that are
subject to a Federal grazing permit or a similar federally granted
privilege shall be conveyed between 60 and 120 days of the earliest
time the Federal agency administering or granting the privilege would
be able to legally terminate such privilege under the statutes and
regulations existing on October 1, 1998, unless the Federal agency,
county or city, and the affected holder of the privilege negotiate an
agreement that allows for an earlier conveyance, but in no case to
occur earlier than October 1, 1998.
``(b) Special Conveyances.--Subject to valid existing rights and
notwithstanding any other law, the Secretary of the Interior or the
head of the other appropriate agency shall convey:
``(1) To the County of Nye, Nevada, the following public
lands depicted on the maps dated October 11, 1995, and on file
with the Secretary:
``Map 1: Proposed Pahrump Industrial Park Site
``Map 2: Proposed Lathrop Wells (Gate 510)
Industrial Park Site
``Map 3: Pahrump Landfill Sites
``Map 4: Amargosa Valley Regional Landfill Site
``Map 5: Amargosa Valley Municipal Landfill Site
``Map 6: Beatty Landfill/Transfer station Site
``Map 7: Round Mountain Landfill Site
``Map 8: Tonopah Landfill Site
``Map 9: Gabbs Landfill Site.
``(2) To the County of Lincoln, Nevada, the following
public lands depicted on the maps dated October 11, 1995, and
on file with the Secretary:
``Map 2: Lincoln County, Parcel M, Industrial Park
Site, Jointly with the City of Caliente
``Map 3: Lincoln County, Parcels F and G, Mixed
Use, Industrial Sites
``Map 4: Lincoln County, Parcels H and I, Mixed Use
and Airport Expansion Sites
``Map 5: Lincoln County, Parcels J and K, Mixed
Use, Airport and Landfill Expansion Sites
``Map 6: Lincoln County, Parcels E and L, Mixed
Use, Airport and Industrial Expansion Sites.
``(3) To the City of Caliente, Nevada, the following public
lands depicted on the maps dated October 11, 1995, and on file
with the Secretary:
``Map 1: City of Caliente, Parcels A, B, C and D,
Community Growth, Landfill Expansion and Community
Recreation Sites
``Map 2: City of Caliente, Parcel M, Industrial
Park Site, jointly with Lincoln County.
``(c) National Environmental Policy Act of 1969.--The activities of
the Secretary and the head of any other Federal agency in connection
with subsections (a) and (b) shall be considered preliminary decision
making activities. No such activity shall require the preparation of an
environmental impact statement under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) or any
environmental review under subparagraph (E) or (F) of section 102(2) of
such Act.
``SEC. 307. PAYMENTS EQUAL TO TAXES.
``(a) Taxable Amounts.--In addition to financial assistance
provided under this title, the Secretary is authorized to grant to any
affected Indian tribe or affected unit of local government an amount
each fiscal year equal to the amount such affected Indian tribe or
affected unit of local government, respectively, would receive if
authorized to tax integrated management system activities, as such
affected Indian tribe or affected unit of local government taxes the
non-Federal real property and industrial activities occurring within
such affected unit of local government.
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