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                                                 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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