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. ...
appropriation from the Nuclear Waste Fund, the Secretary shall request
annual appropriations from general revenues in amounts sufficient to
pay the costs of the management of materials described in subsection
(a).
``(c) Report.--In conjunction with the annual report submitted to
Congress under section 702, the Secretary shall advise the Congress
annually of the amount of spent nuclear fuel and high-level radioactive
waste from atomic energy defense activities, and spent nuclear fuel
from foreign research reactors requiring management in the integrated
management system.
``(d) Authorization.--There is authorized to be appropriated to the
Secretary, from general revenues, for carrying out the purposes of this
Act, such sums as may be necessary to pay the costs of the management
of spent nuclear fuel and high-level radioactive waste from atomic
energy defense activities as established under subsection (a).
``TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS
``SEC. 501. COMPLIANCE WITH OTHER LAWS.
``If the requirements of any law are inconsistent with or
duplicative of the requirements of the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.) and this Act, the Secretary shall comply only with
the requirements of the Atomic Energy Act of 1954 and this Act in
implementing the integrated management system. Any requirement of a
State or political subdivision of a State is preempted if--
``(1) complying with such requirement and a requirement of
this Act is impossible; or
``(2) such requirement, as applied or enforced, is an
obstacle to accomplishing or carrying out this Act or a
regulation under this Act.
``SEC. 502. WATER RIGHTS.
``(a) No Federal Reservation.--Nothing in this Act or any other Act
of Congress shall constitute or be construed to constitute either an
express or implied Federal reservation of water or water rights for any
purpose arising under this Act.
``(b) Acquisition and Exercise of Water Rights Under Nevada Law.--
The United States may acquire and exercise such water rights as it
deems necessary to carry out its responsibilities under this Act
pursuant to the substantive and procedural requirements of the State of
Nevada. Nothing in this Act shall be construed to authorize the use of
eminent domain by the United States to acquire water rights.
``(c) Exercise of Water Rights Generally Under Nevada Laws.--
Nothing in this Act shall be construed to limit the exercise of water
rights as provided under Nevada State laws.
``SEC. 503. JUDICIAL REVIEW OF AGENCY ACTIONS.
``(a) Jurisdiction of United States Courts of Appeals.--
``(1) Original and exclusive jurisdiction.--Except for
review in the Supreme Court of the United States, and except as
otherwise provided in this Act, the United States courts of
appeals shall have original and exclusive jurisdiction over any
civil action--
``(A) for review of any final decision or action of
the Secretary, the President, or the Commission under
this Act;
``(B) alleging the failure of the Secretary, the
President, or the Commission to make any decision, or
take any action, required under this Act;
``(C) challenging the constitutionality of any
decision made, or action taken, under any provision of
this Act; or
``(D) for review of any environmental impact
statement prepared or environmental assessment made
pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) with respect to any
action under this Act or alleging a failure to prepare
such statement with respect to any such action.
``(2) Venue.--The venue of any proceeding under this
section shall be in the judicial circuit in which the
petitioner involved resides or has its principal office, or in
the United States Court of Appeals for the District of
Columbia.
``(b) Deadline for Commencing Action.--A civil action for judicial
review described under subsection (a)(1) may be brought no later than
180 days after the date of the decision or action or failure to act
involved, as the case may be, except that if a party shows that the
party did not know of the decision or action complained of or of the
failure to act, and that a reasonable person acting under the
circumstances would not have known of such decision, action, or failure
to act, such party may bring a civil action no later than 180 days
after the date such party acquired actual or constructive knowledge of
such decision, action, or failure to act.
``(c) Application of Other Law.--The provisions of this section
relating to any matter shall apply in lieu of the provisions of any
other Act relating to the same matter.
``SEC. 504. LICENSING OF FACILITY EXPANSIONS AND TRANSSHIPMENTS.
``(a) Oral Argument.--In any Commission hearing under section 189
of the Atomic Energy Act of 1954 (42 U.S.C. 2239) on an application for
a license, or for an amendment to an existing license, filed after
January 7, 1983, to expand the spent nuclear fuel storage capacity at
the site of a civilian nuclear power reactor, through the use of high-
density fuel storage racks, fuel rod compaction, the transshipment of
spent nuclear fuel to another civilian nuclear power reactor within the
same utility system, the construction of additional spent nuclear fuel
pool capacity or dry storage capacity, or by other means, the
Commission shall, at the request of any party, provide an opportunity
for oral argument with respect to any matter which the Commission
determines to be in controversy among the parties. The oral argument
shall be preceded by such discovery procedures as the rules of the
Commission shall provide. The Commission shall require each party,
including the Commission staff, to submit in written form, at the time
of the oral argument, a summary of the facts, data, and arguments upon
which such party proposes to rely that are known at such time to such
party. Only facts and data in the form of sworn testimony or written
submission may be relied upon by the parties during oral argument. Of
the materials that may be submitted by the parties during oral
argument, the Commission shall only consider those facts and data that
are submitted in the form of sworn testimony or written submission.
``(b) Adjudicatory Hearing.--
``(1) Designation.--At the conclusion of any oral argument
under subsection (a), the Commission shall designate any
disputed question of fact, together with any remaining
questions of law, for resolution in an adjudicatory hearing
only if it determines that--
``(A) there is a genuine and substantial dispute of
fact which can only be resolved with sufficient
accuracy by the introduction of evidence in an
adjudicatory hearing; and
``(B) the decision of the Commission is likely to
depend in whole or in part on the resolution of such
dispute.
``(2) Determination.--In making a determination under this
subsection, the Commission--
``(A) shall designate in writing the specific facts
that are in genuine and substantial dispute, the reason
why the decision of the agency is likely to depend on
the resolution of such facts, and the reason why an
adjudicatory hearing is likely to resolve the dispute;
and
``(B) shall not consider--
``(i) any issue relating to the design,
construction, or operation of any civilian
nuclear power reactor already licensed to
operate at such site, or any civilian nuclear
power reactor to which a construction permit
has been granted at such site, unless the
Commission determines that any such issue
substantially affects the design, construction,
or operation of the facility or activity for
which such license application, authorization,
or amendment is being considered; or
``(ii) any siting or design issue fully
considered and decided by the Commission in
connection with the issuance of a construction
permit or operating license for a civilian
nuclear power reactor at such site, unless--
``(I) such issue results from any
revision of siting or design criteria
by the Commission following such
decision; and
``(II) the Commission determines
that such issue substantially affects
the design, construction, or operation
of the facility or activity for which
such license application,
authorization, or amendment is being
considered.
``(3) Application.--The provisions of paragraph (2)(B)
shall apply only with respect to licenses, authorizations, or
amendments to licenses or authorizations, applied for under the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) before
December 31, 2005.
``(4) Construction.--The provisions of this section shall
not apply to the first application for a license or license
amendment received by the Commission to expand onsite spent
fuel storage capacity by the use of a new technology not
previously approved for use at any nuclear power plant by the
Commission.
``(c) Judicial Review.--No court shall hold unlawful or set aside a
decision of the Commission in any proceeding described in subsection
(a) because of a failure by the Commission to use a particular
procedure pursuant to this section unless--
``(1) an objection to the procedure used was presented to
the Commission in a timely fashion or there are extraordinary
circumstances that excuse the failure to present a timely
objection; and
``(2) the court finds that such failure has precluded a
fair consideration and informed resolution of a significant
issue of the proceeding taken as a whole.
``SEC. 505. SITING A SECOND REPOSITORY.
``(a) Congressional Action Required.--The Secretary may not conduct
site-specific activities with respect to a second repository unless
Congress has specifically authorized and appropriated funds for such
activities.
``(b) Report.--The Secretary shall report to the President and to
Congress on or after January 1, 2007, but not later than January 1,
2010, on the need for a second repository.
``SEC. 506. FINANCIAL ARRANGEMENTS FOR LOW-LEVEL RADIOACTIVE WASTE SITE
CLOSURE.
``(a) Financial Arrangements.--
``(1) Standards and instructions.--The Commission shall
establish by rule, regulation, or order, after public notice,
and in accordance with section 181 of the Atomic Energy Act of
1954 (42 U.S.C. 2231), such standards and instructions as the
Commission may deem necessary or desirable to ensure in the
case of each license for the disposal of low-level radioactive
waste that an adequate bond, surety, or other financial
arrangement (as determined by the Commission) will be provided
by a licensee to permit completion of all requirements
established by the Commission for the decontamination,
decommissioning, site closure, and reclamation of sites,
structures, and equipment used in conjunction with such low-
level radioactive waste. Such financial arrangements shall be
provided and approved by the Commission, or, in the case of
sites within the boundaries of any agreement State under
section 274 of the Atomic Energy Act of 1954 (42 U.S.C. 2021),
by the appropriate State or State entity, prior to issuance of
licenses for low-level radioactive waste disposal or, in the
case of licenses in effect on January 7, 1983, prior to
termination of such licenses.
``(2) Bonding, surety, or other financial arrangements.--If
the Commission determines that any long-term maintenance or
monitoring, or both, will be necessary at a site described in
paragraph (1), the Commission shall ensure before termination
of the license involved that the licensee has made available
such bonding, surety, or other financial arrangements as may be
necessary to ensure that any necessary long-term maintenance or
monitoring needed for such site will be carried out by the
person having title and custody for such site following license
termination.
``(b) Title and Custody.--
``(1) Authority of secretary.--The Secretary shall have
authority to assume title and custody of low-level radioactive
waste and the land on which such waste is disposed of, upon
request of the owner of such waste and land and following
termination of the license issued by the Commission for such
disposal, if the Commission determines that--
``(A) the requirements of the Commission for site
closure, decommissioning, and decontamination have been
met by the licensee involved and that such licensee is
in compliance with the provisions of subsection (a);
``(B) such title and custody will be transferred to
the Secretary without cost to the Federal Government;
and
``(C) Federal ownership and management of such site
is necessary or desirable in order to protect the
public health and safety, and the environment.
``(2) Protection.--If the Secretary assumes title and
custody of any such waste and land under this subsection, the
Secretary shall maintain such waste and land in a manner that
will protect the public health and safety, and the environment.
``(c) Special Sites.--If the low-level radioactive waste involved
is the result of a licensed activity to recover zirconium, hafnium, and
rare earths from source material, the Secretary, upon request of the
owner of the site involved, shall assume title and custody of such
waste and the land on which it is disposed when such site has been
decontaminated and stabilized in accordance with the requirements
established by the Commission and when such owner has made adequate
financial arrangements approved by the Commission for the long-term
maintenance and monitoring of such site.
``SEC. 507. NUCLEAR REGULATORY COMMISSION TRAINING AUTHORIZATION.
``The Commission is authorized and directed to promulgate
regulations, or other appropriate regulatory guidance, for the training
and qualifications of civilian nuclear powerplant operators,
supervisors, technicians, and other appropriate operating personnel.
Such regulations or guidance shall establish simulator training
requirements for applicants for civilian nuclear powerplant operator
licenses and for operator requalification programs; requirements
governing Commission administration of requalification examinations;
requirements for operating tests at civilian nuclear powerplant
simulators, and instructional requirements for civilian nuclear
powerplant licensee personnel training programs.
``SEC. 508. ACCEPTANCE SCHEDULE.
``The acceptance schedule shall be implemented in accordance with
the following:
``(1) Priority ranking.--Acceptance priority ranking shall
be determined by the Department's `Acceptance Priority Ranking'
report.
``(2) Acceptance rate.--Except as provided in paragraph
(5), the Secretary's acceptance rate for spent nuclear fuel
shall be no less than the following: 1,200 MTU in 2002 and
1,200 MTU in 2003, 2,000 MTU in 2004 and 2,000 MTU in 2005,
2,700 MTU in 2006, and 3,000 MTU thereafter.
``(3) Other acceptances.--In each year, once the Secretary
has achieved the annual acceptance rate for spent nuclear fuel
from civilian nuclear power reactors established pursuant to
the contracts executed under the Nuclear Waste Policy Act of
1982 (as set forth in the Secretary's annual capacity report
dated March 1995 (DOE/RW-0457)), the Secretary--
``(A) shall accept from spent nuclear fuel from
foreign research reactors and spent nuclear fuel from
naval reactors and high-level radioactive waste from
atomic energy defense activities, an amount of spent
nuclear fuel and high-level radioactive waste which
is--
``(i) at least 25 percent of the difference
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