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H.R. 1271 (eas) ...
Union Calendar No. 195 105th CONGRESS 1st Session H. R. 1270 [Report No. 105-290, Parts I and II] _______________________________________________________________________ A BILL To amend the Nuclear Waste Policy Act of 1982. _______________________________________________________________________ October 21, 1997 Reported from the Committee on Resources with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Union Calendar No. 195 105th CONGRESS 1st Session H. R. 1270 [Report No. 105-290, Parts I and II] To amend the Nuclear Waste Policy Act of 1982. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES April 10, 1997 Mr. Upton (for himself, Mr. Towns, Mr. Hastert, Mr. Crapo, Mr. Hall of Texas, Mr. Gutknecht, Mr. Burr of North Carolina, Mr. Barton of Texas, Mr. Stearns, Mr. Klink, Mr. Rush, Mr. Knollenberg, Mr. Bonior, Mr. Tauzin, Mr. Norwood, Mr. Graham, Mr. Manzullo, Mr. Shimkus, Mr. Ehlers, Mr. Stupak, Mr. Ramstad, Mr. Spratt, Mr. Pickering, Mr. Bilirakis, Mr. Porter, Mr. Lipinski, Mr. LaHood, Mr. Fawell, Mr. Gordon, Mr. Everett, Mr. Kildee, Mr. Barcia, Mr. Bartlett of Maryland, Mr. Skeen, Mr. Whitfield, Mr. Latham, Mr. McHugh, Mr. Snowbarger, Mr. Camp, Mr. Hastings of Washington, Mr. Baker, Mr. Frelinghuysen, Mr. Cooksey, Mr. Levin, Mr. Sessions, Mr. Goss, Mr. Collins, Mr. Manton, Mrs. Roukema, Mr. Chambliss, Mr. Borski, Mr. Fattah, Mr. Holden, Mr. Riggs, Mr. Clyburn, Mr. Moran of Virginia, Mr. Bachus, Mr. Packard, and Mr. Berry) introduced the following bill; which was referred to the Committee on Commerce, and in addition to the Committees on Resources, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned October 1, 1997 Additional sponsors: Ms. Dunn, Mr. Fox of Pennsylvania, Mrs. Thurman, Mr. Conyers, Mr. LaTourette, Mr. Klug, Mrs. Fowler, Mr. Hyde, Mr. Gillmor, Mr. Calvert, Mr. Sam Johnson of Texas, Mr. Mica, Mr. Sisisky, Mr. Wicker, Mrs. Cubin, Mr. LoBiondo, Mr. Spence, Mr. Weldon of Florida, Mr. Pickett, Mr. Boucher, Mr. Scarborough, Mr. McCollum, Mr. Wamp, Ms. Kilpatrick, Mr. Solomon, Mr. Paxon, Ms. Stabenow, Mr. White, Mr. Ballenger, Mr. John, Mr. Sensenbrenner, Mr. Callahan, Mr. Inglis of South Carolina, Mrs. Myrick, Mr. Linder, Mr. Boyd, Mr. Rohrabacher, Mr. Ryun, Mr. Hilleary, Mr. Moran of Kansas, Mr. Coble, Mr. Weller, Mr. Taylor of North Carolina, Mr. Canady of Florida, Mr. Sanford, Mr. Diaz- Balart, Mr. Duncan, Mr. Bereuter, Mr. Nethercutt, Mr. Green, Mr. Hefner, Mr. Cramer, Ms. Christian-Green, Ms. Pryce of Ohio, Mr. Kanjorski, Mr. Hoekstra, Mr. Boehlert, Mr. Livingston, Mr. Etheridge, Mr. Kingston, Mr. Jones, Mr. Hilliard, Mr. Davis of Virginia, Mr. Oxley, Mr. McIntyre, Mr. Wexler, Mr. Aderholt, Mr. Thornberry, Mr. Hutchinson, Mr. Saxton, Mr. Hastings of Florida, Ms. Jackson-Lee of Texas, Mr. Walsh, Mr. Scott, Mr. Ehrlich, Mr. Thompson, Mr. Parker, Mr. McCrery, Mr. Goode, Mrs. Meek of Florida, Mr. Doolittle, Mr. Gallegly, Mr. Pomeroy, Mr. Barr of Georgia, Mr. Peterson of Minnesota, Mr. Riley, Mr. Gekas, Mr. Goodlatte, Mrs. Chenoweth, Mr. Pitts, Mrs. Johnson of Connecticut, Mr. Foley, Mr. Shaw, Mr. Leach, Mr. Burton of Indiana, Mr. Traficant, Mr. Bateman, Mr. Sununu, Mr. Kind, Mr. Snyder, Mrs. Emerson, Mr. Deutsch, Mr. Stenholm, Mr. Smith of Michigan, Ms. Ros-Lehtinen, Mr. Shadegg, Mr. Young of Florida, and Mrs. Northup October 1, 1997 Reported from the Committee on Commerce with an amendment [Strike out all after the enacting clause and insert the part printed in italic] October 1, 1997 Referral to the Committee on Transportation and Infrastructure extended for a period ending not later than October 1, 1997 October 1, 1997 The Committee on Transportation and Infrastructure discharged October 1, 1997 Referral to the Committee on Resources extended for a period ending not later than October 21, 1997 October 21, 1997 Reported from the Committee on Resources with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed. [Strike out all after the enacting clause and insert the part printed in boldface roman] [For text of introduced bill, see copy of bill as introduced on April 10, 1997] _______________________________________________________________________ A BILL 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. Private storage facilities. ``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. ``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 any Indian tribe-- ``(A) within whose reservation boundaries the interim storage facility or a repository for spent nuclear fuel or high-level radioactive waste, or both, is proposed to be located; or ``(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 if 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. ``(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. ``(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 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
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