Home > 105th Congressional Bills > S. 104 (rs) To amend the Nuclear Waste Policy Act of 1982. ...S. 104 (rs) To amend the Nuclear Waste Policy Act of 1982. ...
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.
``(2) Termination.--Such grants shall continue until such
time as all such activities, development, and operations are
terminated at such site.
``(3) Assistance to indian tribes and units of local
government.--
``(A) Period.--Any affected Indian tribe or
affected unit of local government may not receive any
grant under paragraph (1) after the expiration of the
1-year period following the date on which the Secretary
notifies the affected Indian tribe or affected unit of
local government of the termination of the operation of
the integrated management system.
``(B) Activities.--Any affected Indian tribe or
affected unit of local government may not receive any
further assistance under this section if the integrated
management system activities at such site are
terminated by the Secretary or if such activities are
permanently enjoined by any court.
``SEC. 302. ON-SITE REPRESENTATIVE.
``The Secretary shall offer to the unit of local government within
whose jurisdiction a site for an interim storage facility or repository
is located under this Act an opportunity to designate a representative
to conduct onsite oversight activities at such site. The Secretary is
authorized to pay the reasonable expenses of such representative.
``SEC. 303. ACCEPTANCE OF BENEFITS.
``(a) Consent.--The acceptance or use of any of the benefits
provided under this title by any affected Indian tribe or affected unit
of local government shall not be deemed to be an expression of consent,
express, or implied, either under the Constitution of the State or any
law thereof, to the siting of an 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 to oppose the siting in Nevada of an 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 any official of any governmental unit of Nevada
premised solely upon the acceptance or use of benefits under this
title.
``SEC. 304. RESTRICTIONS ON USE OF FUNDS.
``None of the funding provided under this title 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. 305. LAND CONVEYANCES.
``(a) Conveyances of Public Lands.--One hundred and twenty days
after the effective date of the construction authorization issued by
the Commission for the repository under section 206(g), all right,
title and interest of the United States in the property described in
subsection (b), and improvements thereon, together with all necessary
easements for utilities and ingress and egress to such property,
including, but not limited to, the right to improve those easements,
are conveyed by operation of law to the County of Nye, Nevada, 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 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 under this subsection that
are subject to a Federal grazing permit or lease or a similar federally
granted permit or lease shall be conveyed between 60 and 120 days of
the earliest time the Federal agency administering or granting the
permit or lease would be able to legally terminate such right under the
statutes and regulations existing at the date of enactment of this Act,
unless Nye County and the affected holder of the permit or lease
negotiate an agreement that allows for an earlier conveyance.
``(b) Special Conveyances.--Nothwithstanding any other law, the
following public lands depicted on the maps and legal descriptions
dated October 11, 1995, and on file with the Secretary shall be
conveyed under subsection (a) to the County of Nye, Nevada:
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.
``(c) Construction.--The maps and legal descriptions of special
conveyances referred to in subsection (b) 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.
``(d) Evidence of Title Transfer.--Upon the request of the County
of Nye, Nevada, the Secretary of the Interior shall provide evidence of
title transfer.
``TITLE IV--FUNDING AND ORGANIZATION
``SEC. 401. PROGRAM FUNDING.
``(a) Contracts.--
``(1) Authority of the secretary.--In the performance of
the Secretary's functions under this Act, the Secretary is
authorized to enter into contracts with any person who
generates or holds title to spent nuclear fuel or high-level
radioactive waste of domestic origin for the acceptance of
title and possession, transportation, interim storage, and
disposal of such waste or spent fuel. Such contracts shall
provide for payment of fees to the Secretary in the amounts set
under paragraphs (2), (3), and (4), sufficient to offset
expenditures described in subsection (c)(2). Subsequent to the
enactment of the Nuclear Waste Policy Act of 1997, the
contracts executed under section 302(a) of the Nuclear Waste
Policy Act of 1982 shall continue in effect under this Act:
Provided, That the Secretary shall consent to an amendment to
such contracts as necessary to implement the provisions of this
Act.
``(2) Nuclear waste offsetting collection.--
``(A) For electricity generated by civilian nuclear
power reactors and sold during an offsetting collection
period, the Secretary shall collect an aggregate amount
of fees under this paragraph equal to the annual level
of appropriations for expenditures on those activities
consistent with subsection (d) for each fiscal year in
the offsetting collection period, minus the percentage
of such appropriation required to be funded by the
Federal Government pursuant to section 403.
``(B) The Secretary shall determine the level of
the annual fee for each civilian nuclear power reactor
based on the amount of electricity generated and sold.
``(C) For purposes of this paragraph, the term
`offsetting collection period' means--
``(i) the period beginning on October 1,
1998 and ending on September 30, 2001; and
``(ii) the period on and after October 1,
2006.
``(3) Nuclear waste mandatory fee.--
``(A) Except as provided in subparagraph (C) of
this paragraph, for electricity generated by civilian
nuclear power reactors and sold on or after January 7,
1983, the fee paid to the Secretary under this
paragraph shall be equal to--
``(i) 1.0 mill per kilowatt-hour generated
and sold, minus
``(ii) the amount per kilowatt-hour
generated and sold paid under paragraph (2):
Provided, That if the amount under clause (ii) is
greater than the amount under clause (i) the fee under
this paragraph shall be equal to zero.
``(B) No later than 30 days after the beginning of
each fiscal year, the Secretary shall determine whether
insufficient or excess revenues are being collected
under this subsection, in order to recover the costs
incurred by the Federal Government that are specified
in subsection (c)(2). In making this determination the
Secretary shall--
``(i) rely on the `Analysis of the Total
System Life Cycle Cost of the Civilian
Radioactive Waste Management Program', dated
September 1995, or on a total system life-cycle
cost analysis published by the Secretary (after
notice and opportunity for public comment)
after the date of enactment of the Nuclear
Waste Policy Act of 1997, in making any
estimate of the costs to be incurred by the
Government under subsection (c)(2);
``(ii) rely on projections from the Energy
Information Administration, consistent with the
projections contained in the reference case in
the most recent `Annual Energy Outlook'
published by such Administration, in making any
estimate of future nuclear power generation;
and
``(iii) take into account projected
balances in, and expenditures from, the Nuclear
Waste Fund.
``(C) If the Secretary determines under
subparagraph (B) that either insufficient or excess
revenues are being collected, the Secretary shall, at
the time of the determination, transmit to Congress a
proposal to adjust the amount in subparagraph (A)(i) to
ensure full cost recovery. The amount in subparagraph
(A)(i) shall be adjusted, by operation of law,
immediately upon enactment of a joint resolution of
approval under paragraph (5) of this subsection.
``(D) The Secretary shall, by rule, establish
procedures necessary to implement this paragraph.
``(4) One-time fee.--For spent nuclear fuel or solidified
high-level radioactive waste derived from spent nuclear fuel,
which fuel was used to generate electricity in a civilian
nuclear power reactor prior to January 7, 1983, the fee shall
be in an amount equivalent to an average charge of 1.0 mill per
kilowatt-hour for electricity generated by such spent nuclear
fuel, or such solidified high-level waste derived therefrom.
Payment of such one-time fee prior to the date of enactment of
the Nuclear Waste Policy Act of 1997 shall satisfy the
obligation imposed under this paragraph. Any one-time fee paid
and collected subsequent to the date of enactment of the
Nuclear Waste Policy Act of 1997 pursuant to the contracts,
including any interest due pursuant to the contracts, shall be
paid to the Nuclear Waste Fund no later than September 30,
2001. The Commission shall suspend the license of any licensee
who fails or refuses to pay the full amount of the fees
assessed under this subsection, on or before the date on which
such fees are due, and the license shall remain suspended until
the full amount of the fees assessed under this subsection is
paid. The person paying the fee under this paragraph to the
Secretary shall have no further financial obligation to the
Federal Government for the long-term storage and permanent
disposal of spent fuel or high-level radioactive waste derived
from spent nuclear fuel used to generate electricity in a
civilian power reactor prior to January 7, 1983.
``(5) Expenditures if shortfall.--If, during any fiscal
year on or after October 1, 1997, the aggregate amount of fees
assessed under this subsection is less than the annual level of
appropriations for expenditures on those activities specified
in subsection (d) for that fiscal year, minus the percentage of
such appropriations required to be funded by the Federal
Government pursuant to section 403, the Secretary may make
expenditures from the Nuclear Waste Fund up to the level equal
to the difference between the amount appropriated and the
amount of fees assessed under this subsection.
``(6) Expedited procedures for approval of changes to the
nuclear waste mandatory fee.--
``(A) At any time after the Secretary transmits a
proposal for a fee adjustment under paragraph (3)(C) of
this subsection, a joint resolution may be introduced
in either House of Congress, the matter after the
resolving clause of which is as follows: `That Congress
approves the adjustment to the basis for the nuclear
waste mandatory fee, submitted by the Secretary on
________'. (The blank space being appropriately filled
in with a date.)
``(B) A joint resolution described in subparagraph
(A) shall be referred to the committees in each House
of Congress with jurisdiction.
``(C) In the Senate, if the committee to which is
referred a joint resolution described in subparagraph
(A) has not reported such joint resolution (or an
identical joint resolution) at the end of 20 calendar
days after the date on which it is introduced, such
committee may be discharged from further consideration
of such joint resolution upon a petition supported in
writing by 30 Members of the Senate, and such joint
resolution shall be placed on the calendar.
``(D) In the Senate, the procedure under section
802(d) of title 5, United States Code, shall apply to a
joint resolution described under subparagraph (A).
``(7) Points of order.--Notwithstanding any other provision
of this Act, no points of order, which require 60 votes in
order to adopt a motion to waive such point of order, shall be
considered to be waived during the consideration of a joint
resolution under section 401 of this Act.
``(8) Level of annual fee.--Notwithstanding any other
provision of this Act, except as provided in paragraph (3)(C),
the level of annual fee for each civilian nuclear power reactor
shall not exceed 1.0 mill per kilowatt-hour of electricity
generated and sold.
``(b) Advance Contracting Requirement.--
``(1) In general.--
``(A) License issuance and renewal.--The Commission
shall not issue or renew a license to any person to use
a utilization or production facility under the
authority of section 103 or 104 of the Atomic Energy
Act of 1954 (42 U.S.C. 2133, 2134) unless--
``(i) such person has entered into a
contract under subsection (a) with the
Secretary; or
``(ii) the Secretary affirms in writing
that such person is actively and in good faith
negotiating with the Secretary for a contract
under this section.
``(B) Precondition.--The Commission, as it deems
necessary or appropriate, may require as a precondition
to the issuance or renewal of a license under section
103 or 104 of the Atomic Energy Act of 1954 (42 U.S.C.
2133, 2134) that the applicant for such license shall
have entered into an agreement with the Secretary for
the disposal of spent nuclear fuel and high-level
radioactive waste that may result from the use of such
license.
``(2) Disposal in repository.--Except as provided in
paragraph (1), no spent nuclear fuel or high-level radioactive
waste generated or owned by any person (other than a department
of the United States referred to in section 101 or 102 of title
5, United States Code) may be disposed of by the Secretary in
the repository unless the generator or owner of such spent fuel
or waste has entered into a contract under subsection (a) with
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