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. ...
Calendar No. 312
105th CONGRESS
2d Session
H. R. 1270
IN THE SENATE OF THE UNITED STATES_____________________________________
February 23, 1998
Received; read twice and placed on the calendar
_______________________________________________________________________
AN ACT
To amend the Nuclear Waste Policy Act of 1982.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. AMENDMENT OF NUCLEAR WASTE POLICY ACT OF 1982.
The Nuclear Waste Policy Act of 1982 is amended to read as follows:
``SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `Nuclear Waste
Policy Act of 1997'.
``(b) Table of Contents.--
``Sec. 1. Short title and table of contents.
``Sec. 2. Definitions.
``Sec. 3. Findings and purposes.
``TITLE I--OBLIGATIONS
``Sec. 101. Obligations of the Secretary of Energy.
``TITLE II--INTEGRATED MANAGEMENT SYSTEM
``Sec. 201. Intermodal transfer.
``Sec. 202. Transportation planning.
``Sec. 203. Transportation requirements.
``Sec. 204. Interim storage.
``Sec. 205. Permanent disposal.
``Sec. 206. Land withdrawal.
``Sec. 207. Applicability.
``TITLE III--LOCAL RELATIONS
``Sec. 301. On-site representative.
``Sec. 302. Benefits agreements.
``Sec. 303. Content of agreements.
``Sec. 304. Acceptance of benefits.
``Sec. 305. Restriction on use of funds.
``Sec. 306. Initial land conveyances.
``Sec. 307. Payments equal to taxes.
``TITLE IV--FUNDING AND ORGANIZATION
``Sec. 401. Program funding.
``Sec. 402. Office of Civilian Radioactive Waste Management.
``Sec. 403. Defense contribution.
``TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS
``Sec. 501. Compliance with other laws.
``Sec. 502. Water rights.
``Sec. 503. Judicial review of agency actions.
``Sec. 504. Licensing of facility expansions and transshipments.
``Sec. 505. Siting a second repository.
``Sec. 506. Financial arrangements for low-level radioactive waste site
closure.
``Sec. 507. Nuclear Regulatory Commission training authorization.
``Sec. 508. Acceptance schedule.
``Sec. 509. Subseabed or ocean water disposal.
``Sec. 510. Separability.
``Sec. 511. Purchase of American-made equipment and products.
``TITLE VI--NUCLEAR WASTE TECHNICAL REVIEW BOARD
``Sec. 601. Definitions.
``Sec. 602. Nuclear Waste Technical Review Board.
``Sec. 603. Functions.
``Sec. 604. Investigatory powers.
``Sec. 605. Compensation of members.
``Sec. 606. Staff.
``Sec. 607. Support services.
``Sec. 608. Report.
``Sec. 609. Authorization of appropriations.
``Sec. 610. Termination of the board.
``TITLE VII--MANAGEMENT REFORM
``Sec. 701. Management reform initiatives.
``Sec. 702. Reporting.
``SEC. 2. DEFINITIONS.
``For purposes of this Act:
``(1) Accept, acceptance.--The terms `accept' and
`acceptance' mean the Secretary's act of taking possession of
spent nuclear fuel or high-level radioactive waste.
``(2) Acceptance schedule.--The term `acceptance schedule'
means the schedule established in section 508 for acceptance of
spent nuclear fuel and high-level radioactive waste.
``(3) Affected indian tribe.--The term `affected Indian
tribe' means an Indian tribe whose reservation is surrounded by
or borders on an affected unit of local government, or whose
federally defined possessory or usage rights to other lands
outside of the border of the Indian tribe's reservation arising
out of congressionally ratified treaties may be affected by the
locating of an interim storage facility or repository, if the
Secretary finds, upon petition of the appropriate government
officials of the Indian tribe, that such affects are both
substantial and adverse to the Indian tribe.
``(4) Affected unit of local government.--The term
`affected unit of local government' means the unit of local
government with jurisdiction over the site of a repository or
interim storage facility. Such term may, at the discretion of
the Secretary, include other units of local government that are
contiguous with such unit.
``(5) Atomic energy defense activity.--The term `atomic
energy defense activity' means any activity of the Secretary
performed in whole or in part in carrying out any of the
following functions:
``(A) Naval reactors development.
``(B) Weapons activities including defense inertial
confinement fusion.
``(C) Verification and control technology.
``(D) Defense nuclear materials production.
``(E) Defense nuclear waste and materials
byproducts management.
``(F) Defense nuclear materials security and
safeguards and security investigations.
``(G) Defense research and development.
``(H) Nuclear nonproliferation.
``(6) Civilian nuclear power reactor.--The term `civilian
nuclear power reactor' means a civilian nuclear power plant
required to be licensed under section 103 or 104 b. of the
Atomic Energy Act of 1954 (42 U.S.C. 2133, 2134(b)).
``(7) Commission.--The term `Commission' means the Nuclear
Regulatory Commission.
``(8) Department.--The term `Department' means the
Department of Energy.
``(9) Disposal.--The term `disposal' means the emplacement
in a repository of spent nuclear fuel, high-level radioactive
waste, or other highly radioactive material with no foreseeable
intent of recovery, whether or not such emplacement permits
recovery of such material for any future purpose.
``(10) Disposal system.--The term `disposal system' means
all natural barriers and engineered barriers, and engineered
systems and components, that prevent the release of
radionuclides from the repository.
``(11) Engineered barriers.--The terms `engineered
barriers' and `engineered systems and components,' mean man
made components of a disposal system. Such terms include the
spent nuclear fuel or high-level radioactive waste form, spent
nuclear fuel package or high-level radioactive waste package,
and other materials placed over and around such packages.
``(12) High-level radioactive waste.--The term `high-level
radioactive waste' means--
``(A) the highly radioactive material resulting
from the reprocessing in the United States of spent
nuclear fuel, including liquid waste produced directly
in reprocessing and any solid material derived from
such liquid waste that contains fission products in
sufficient concentrations;
``(B) the highly radioactive material resulting
from atomic energy defense activities; and
``(C) any other highly radioactive material that
the Commission, consistent with existing law,
determines by rule requires permanent isolation.
``(13) Federal agency.--The term `Federal agency' means any
Executive agency, as defined in section 105 of title 5, United
States Code.
``(14) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or
community of Indians recognized as eligible for the services
provided to Indians by the Secretary of the Interior because of
their status as Indians including any Alaska Native village, as
defined in section 3(c) of the Alaska Native Claims Settlement
Act (43 U.S.C. 1602(c)).
``(15) Integrated management system.--The term `integrated
management system' means the system developed by the Secretary
for the acceptance, transportation, storage, and disposal of
spent nuclear fuel and high-level radioactive waste.
``(16) Interim storage facility.--The term `interim storage
facility' means a facility designed and constructed for the
receipt, handling, possession, safeguarding, and storage of
spent nuclear fuel and high-level radioactive waste in
accordance with title II of this Act.
``(17) Interim storage facility site.--The term `interim
storage facility site' means the specific site within Area 25
of the Nevada Test Site that is designated by the Secretary and
withdrawn and reserved in accordance with this Act for the
location of the interim storage facility.
``(18) Low-level radioactive waste.--The term `low-level
radioactive waste' means radioactive material that--
``(A) is not spent nuclear fuel, high-level
radioactive waste, transuranic waste, or byproduct
material as defined in section 11 e.(2) of the Atomic
Energy Act of 1954 (42 U.S.C. 2014(e)(2)); and
``(B) the Commission, consistent with existing law,
classifies as low-level radioactive waste.
``(19) Metric tons uranium.--The terms `metric tons
uranium' and `MTU' mean the amount of uranium in the original
unirradiated fuel element whether or not the spent nuclear fuel
has been reprocessed.
``(20) Nuclear waste fund.--The term `Nuclear Waste Fund'
means the nuclear waste fund established in the United States
Treasury prior to the date of enactment of this Act under
section 302(c) of the Nuclear Waste Policy Act of 1982.
``(21) Office.--The term `Office' means the Office of
Civilian Radioactive Waste Management established within the
Department prior to the date of enactment of this Act under the
provisions of the Nuclear Waste Policy Act of 1982.
``(22) Package.--The term `package' means the primary
container that holds, and is in direct contact with, solidified
high-level radioactive waste, spent nuclear fuel, or other
radioactive materials and any overpack that are emplaced at a
repository.
``(23) Program approach.--The term `program approach' means
the Civilian Radioactive Waste Management Program Plan, dated
May 1996, as modified by this Act, and as amended from time to
time by the Secretary in accordance with this Act.
``(24) Repository.--The term `repository' means a system
designed and constructed under title II of this Act for the
permanent geologic disposal of spent nuclear fuel and high-
level radioactive waste, including both surface and subsurface
areas at which spent nuclear fuel and high-level radioactive
waste receipt, handling, possession, safeguarding, and storage
are conducted.
``(25) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(26) Site characterization.--The term `site
characterization' means activities, whether in a laboratory or
in the field, undertaken to establish the geologic condition
and the ranges of the parameters of a candidate site relevant
to the location of a repository, including borings, surface
excavations, excavations of exploratory facilities, limited
subsurface lateral excavations and borings, and in situ testing
needed to evaluate the licensability of a candidate site for
the location of a repository, but not including preliminary
borings and geophysical testing needed to assess whether site
characterization should be undertaken.
``(27) Spent nuclear fuel.--The term `spent nuclear fuel'
means fuel, other than foreign spent nuclear fuel as defined in
section 131 f.(4) of the Atomic Energy Act of 1954 (42 U.S.C.
2160(f)(4)), that has been withdrawn from a nuclear reactor
following irradiation, the constituent elements of which have
not been separated by reprocessing.
``(28) Storage.--The term `storage' means retention of
spent nuclear fuel or high-level radioactive waste with the
intent to recover such waste or fuel for subsequent use,
processing, or disposal.
``(29) Withdrawal.--The term `withdrawal' has the same
definition as that set forth in the Federal Land Policy and
Management Act (43 U.S.C. 1702 et seq.).
``(30) Yucca mountain site.--The term `Yucca Mountain site'
means the area in the State of Nevada that is withdrawn and
reserved in accordance with this Act for the location of a
repository.
``SEC. 3. FINDINGS AND PURPOSES.
``(a) Findings.--The Congress finds that--
``(1) while spent nuclear fuel can be safely stored at
reactor sites, the expeditious movement to and storage of such
spent nuclear fuel at a centralized Federal facility will
enhance the Nation's environmental protection;
``(2) while the Federal Government has the responsibility
to provide for the centralized interim storage and permanent
disposal of spent nuclear fuel and high-level radioactive waste
to protect the public health and safety and the environment,
the costs of such storage and disposal should be the
responsibility of the generators and owners of such waste and
fuel, including the Federal Government;
``(3) in the interests of protecting the public health and
safety, enhancing the Nation's environmental protection,
promoting the Nation's energy security, and ensuring the
Secretary's ability to commence acceptance of spent nuclear
fuel and high-level radioactive waste no later than January 31,
2002, it is necessary for Congress to authorize the interim
storage facility;
``(4) deficit-control measures designed to limit
appropriation of general revenues have limited the availability
of the Nuclear Waste Fund for its intended purposes; and
``(5) the Federal Government has the responsibility to
provide for the permanent disposal of waste generated from
United States atomic energy defense activities.
``(b) Purposes.--The purposes of this Act are--
``(1) to direct the Secretary to develop an integrated
management system in accordance with this Act so that the
Department can accept spent nuclear fuel or high-level
radioactive waste for interim storage commencing no later than
January 31, 2002, and for permanent disposal at a repository
commencing no later than January 17, 2010;
``(2) to provide for the siting, construction, and
operation of a repository for permanent geologic disposal of
spent nuclear fuel and high-level radioactive waste in order to
adequately protect the public and the environment;
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