109th CONGRESS
2d Session
S. 3962
To enhance the management and disposal of spent nuclear fuel and
high-level radioactive waste, to assure protection of public health and
safety, to ensure the territorial integrity and security of the repository
at Yucca Mountain, and for other purposes.
IN THE SENATE OF THE UNITED STATES
September 27, 2006
Mr. DOMENICI (for himself and Mr. CRAIG) introduced the following bill;
which was read twice and referred to the Committee on Energy and Natural
Resources
A BILL
To enhance the management and disposal of spent nuclear fuel and
high-level radioactive waste, to assure protection of public health and
safety, to ensure the territorial integrity and security of the repository
at Yucca Mountain, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Nuclear Fuel Management and Disposal Act'.
SEC. 2. DEFINITIONS.
(1) DISPOSAL- The term `disposal' has the meaning given the term in section
2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
(2) HIGH-LEVEL RADIOACTIVE WASTE- The term `high-level radioactive waste'
has the meaning given the term in section 2 of the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10101).
(3) PROJECT- The term `Project' means the Yucca Mountain Project.
(4) REPOSITORY- The term `repository' has the meaning given the term in
section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
(5) SECRETARY- The term `Secretary' means the Secretary of Energy.
(6) SPENT NUCLEAR FUEL- The term `spent nuclear fuel' has the meaning
given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10101).
(7) YUCCA MOUNTAIN SITE- The term `Yucca Mountain site' has the meaning
given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10101).
SEC. 3. WITHDRAWAL OF LAND.
(a) Land Withdrawal; Jurisdiction; Reservation; Acquisition-
(1) LAND WITHDRAWAL- Subject to valid existing rights, and except as otherwise
provided in this Act, the land described in subsection (b) is withdrawn
permanently from any form of entry, appropriation, or disposal under the
public land laws, including, without limitation--
(A) the mineral leasing laws;
(B) the geothermal leasing laws;
(C) materials sales laws; and
(2) JURISDICTION- As of the date of enactment of this Act, any land described
in subsection (b) that is under the jurisdiction of the Secretary of the
Air Force or the Secretary of the Interior shall be--
(A) transferred to the Secretary; and
(B) under the jurisdiction of the Secretary.
(3) RESERVATION- The land described in subsection (b) is reserved for
use by the Secretary for activities associated with the disposal of high-level
radioactive waste and spent nuclear fuel under the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10101 et seq.), including--
(B) preconstruction testing and performance confirmation;
(E) management and operation;
(G) closure and post-closure; and
(H) other such activities associated with the disposal of high-level
radioactive waste and spent nuclear fuel under the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10101 et seq.).
(1) BOUNDARIES- The land referred to in subsection (a) is the approximately
147,000 acres of land located in Nye County, Nevada, as generally depicted
on the map relating to the Project, numbered YMP-03-024.2, entitled `Proposed
Land Withdrawal', and dated July 21, 2005.
(2) LEGAL DESCRIPTION AND MAP-
(A) IN GENERAL- As soon as practicable after the date of enactment of
this Act, the Secretary of the Interior shall--
(i) publish in the Federal Register a notice containing a legal description
of the land described in this subsection; and
(ii) provide to Congress, the Governor of the State of Nevada, and
the Archivist of the United States--
(I) a copy of the map referred to in paragraph (1); and
(II) the legal description of the land.
(i) IN GENERAL- The map and legal description referred to in subparagraph
(A) shall have the same force and effect as if the map and legal description
were included in this Act.
(ii) TECHNICAL CORRECTIONS- The Secretary of the Interior may correct
any clerical or typographical error in the map and legal description
referred to in subparagraph (A).
(1) PUBLIC LAND ORDER- Public Land Order 6802, dated September 25, 1990
(as extended by Public Land Order 7534), and any condition or memorandum
of understanding accompanying the land order (as so extended), is revoked.
(2) RIGHT OF WAY- The rights-of-way reservations relating to the Project,
numbered N-48602 and N-47748 and dated January 5, 2001, are revoked.
(d) Management of Withdrawn Land-
(1) IN GENERAL- The Secretary, in consultation with the Secretary of the
Air Force and the Secretary of the Interior, as appropriate, shall manage
the land withdrawn under subsection (a)(1) in accordance with--
(A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701
et seq.);
(C) other applicable laws.
(A) DEVELOPMENT- Not later than 3 years after the date of enactment
of this Act, the Secretary, in consultation with the Secretary of the
Air Force and the Secretary of the Interior, as appropriate, shall develop
and submit to Congress and the State of Nevada a management plan for
the use of the land withdrawn under subsection (a)(1).
(B) PRIORITY- Subject to subparagraphs (C), (D), and (E), use of the
land withdrawn under subsection (a)(1) for an activity not relating
to the Project shall be subject to such conditions and restrictions
as the Secretary considers to be appropriate to facilitate activities
relating to the Project.
(C) AIR FORCE USE- The management plan may provide for the continued
use by the Department of the Air Force of the portion of the land withdrawn
under subsection (a)(1) located within the Nellis Air Force base test
and training range under such terms and conditions as may be agreed
to by the Secretary and the Secretary of the Air Force.
(D) NEVADA TEST SITE USE- The management plan may provide for the continued
use by the National Nuclear Security Administration of the portion of
the land withdrawn under subsection (a)(1) located within the Nevada
test site of the Administration under such conditions as the Secretary
considers to be necessary to minimize any effect on activities relating
to the Project or other activities of the Administration.
(i) IN GENERAL- The management plan shall include provisions--
(I) relating to the maintenance of wildlife habitat on the land
withdrawn under subsection (a)(1); and
(II) under which the Secretary may permit any use not relating to
the Project, as the Secretary considers to be appropriate, in accordance
with the requirements under clause (ii).
(I) GRAZING- The Secretary may permit any grazing use to continue
on the land withdrawn under subsection (a)(1) if the grazing use
was established before the date of enactment of this Act, subject
to such regulations, policies, and practices as the Secretary, in
consultation with the Secretary of the Interior, determines to be
appropriate, and in accordance with applicable grazing laws and
policies, including--
(aa) the Act of June 28, 1934 (commonly known as the `Taylor Grazing
Act') (43 U.S.C. 315 et seq.);
(bb) title IV of the Federal Land Policy Management Act of 1976
(43 U.S.C. 1751 et seq.); and
(cc) the Public Rangelands Improvement Act of 1978 (43 U.S.C.
1901 et seq.).
(II) HUNTING AND TRAPPING- The Secretary may permit any hunting
or trapping use to continue on the land withdrawn under subsection
(a)(1) if the hunting or trapping use was established before the
date of enactment of this Act, at such time and in such zones as
the Secretary, in consultation with the Secretary of the Interior
and the State of Nevada, may establish, taking into consideration
public safety, national security, administration, and public use
and enjoyment of the land.
(i) IN GENERAL- The management plan may provide for limited public
access to the portion of the land withdrawn under subsection (a)(1)
that was under the control of the Bureau of Land Management on the
day before the date of enactment of this Act.
(ii) SPECIFIC USES- The management plan may permit public uses of
the land relating to the Nye County Early Warning Drilling Program,
utility corridors, and other uses the Secretary, in consultation with
the Secretary of the Interior, considers to be consistent with the
purposes of the withdrawal under subsection (a)(1).
(A) IN GENERAL- Surface and subsurface mining and oil and gas production,
including slant drilling from outside the boundaries of the land withdrawn
under subsection (a)(1), shall be prohibited at any time on or under
the land.
(B) EVALUATION OF CLAIMS- The Secretary of the Interior shall evaluate
and adjudicate the validity of any mining claim relating to any portion
of the land withdrawn under subsection (a)(1) that was under the control
of the Bureau of Land Management on the day before the date of enactment
of this Act.
(C) COMPENSATION- The Secretary shall provide just compensation for
the acquisition of any valid property right relating to mining pursuant
to the withdrawal under subsection (a)(1).
(4) CLOSURES- If the Secretary, in consultation with the Secretary of
the Air Force and the Secretary of the Interior, as appropriate, determines
that the health and safety of the public or the national defense and security
require the closure of a road, trail, or other portion of the land withdrawn
under subsection (a)(1) (including the airspace above the land), the Secretary--
(A) may close the road, trail, or portion of land (including airspace);
and
(B) shall provide to the public a notice of the closure.
(5) IMPLEMENTATION- The Secretary and the Secretary of the Air Force or
the Secretary of the Interior, as appropriate, shall implement the management
plan developed under paragraph (2) under such terms and conditions as
may be agreed to by the Secretaries.
SEC. 4. RECEIPT AND STORAGE FACILITIES.
Section 114(b) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(b))
is amended--
(1) by striking `If the President' and inserting the following:
`(1) IN GENERAL- If the President'; and
(2) by adding at the end the following:
`(2) APPLICATION FOR RECEIPT AND STORAGE FACILITIES-
`(A) IN GENERAL- In conjunction with the submission of an application
for a construction authorization under this subsection, the Secretary
shall apply to the Commission for a license in accordance with part
72 of title 10, Code of Federal Regulations (or a successor regulation),
to construct and operate facilities to receive and store spent nuclear
fuel and high-level radioactive waste at the Yucca Mountain site.
`(B) DEADLINE FOR FINAL DECISION BY COMMISSION- The Commission shall
issue a final decision approving or disapproving the issuance of the
license not later than 18 months after the date of submission of the
application to the Commission.'.
SEC. 5. REPEAL OF CAPACITY LIMITATION.
Section 114(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(d))
is amended by striking the second and third sentences.
SEC. 6. INFRASTRUCTURE ACTIVITIES.
Section 114 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134) is
amended by adding at the end the following:
`(g) Infrastructure Activities-
`(1) CONSTRUCTION OF CONNECTED FACILITIES- At any time after the completion
by the Secretary of a final environmental impact statement that evaluates
the activities to be performed under this subsection, the Secretary may
commence the following activities in connection with any activity or facility
licensed or to be licensed by the Commission at the Yucca Mountain site:
`(A) Preparation of the site for construction of the facility (including
such activities as clearing, grading, and construction of temporary
access roads and borrow areas).
`(B) Installation of temporary construction support facilities (including
such items as warehouse and shop facilities, utilities, concrete mixing
plants, docking and unloading facilities, and construction support buildings).
`(C) Excavation for facility structures.
`(D) Construction of service facilities (including such facilities as
roadways, paving, railroad spurs, fencing, exterior utility and lighting
systems, transmission lines, and sanitary sewerage treatment facilities).
`(E) Construction of structures, systems, and components that do not
prevent or mitigate the consequences of possible accidents that could
cause undue risk to the health and safety of the public.
`(F) Installation of structural foundations (including any necessary
subsurface preparation) for structures, systems, and components that
prevent or mitigate the consequences of possible accidents that could
cause undue risk to the health and safety of the public.
`(2) AUTHORIZATION TO RECEIVE AND STORE-
`(A) DEFINITIONS- In this paragraph:
`(i) DEFENSE WASTE- The term `defense waste' means high-level radioactive
waste, and spent nuclear fuel, that results from an atomic energy
defense activity.
`(ii) LEGACY SPENT NUCLEAR FUEL- The term `legacy spent nuclear fuel'
means spent nuclear fuel--
`(I) that is subject to a contract entered into pursuant to section
302; and
`(II) for which the Secretary determines that there is not at the
time of the determination, and will not be within a reasonable time
after the determination, sufficient domestic capacity available
to recycle the spent nuclear fuel.
`(B) AUTHORIZATION FOR DEFENSE WASTE- At any time after the issuance
of a license for receipt and storage facilities under subsection (b)(2),
the Secretary may transport defense waste to receipt and storage facilities
at the Yucca Mountain site.
`(C) AUTHORIZATION FOR LEGACY SPENT NUCLEAR FUEL- At any time after
the issuance of a construction authorization under subsection (d) and
the issuance of a license for receipt and storage facilities under subsection
(b)(2), the Secretary may receive and store legacy spent nuclear fuel
and high-level radioactive waste at the Yucca Mountain site.'.
SEC. 7. RAIL LINE.
(a) Construction of Rail Line- The Secretary shall acquire rights-of-way
within the corridor designated in subsection (b) in accordance with this
section, and shall construct and operate, or cause to be constructed and
operated, a railroad and such facilities as are required to transport spent
nuclear fuel and high-level radioactive waste from existing rail systems
to the site of surface facilities within the geologic repository operations
area for the receipt, handling, packaging, and storage of spent nuclear
fuel and high-level radioactive waste prior to emplacement.
(b) Acquisition and Withdrawal of Land-
(1) ROUTE DESIGNATION AND ACQUISITION-
(A) RIGHTS-OF-WAY AND FACILITIES- The Secretary shall acquire such rights-of-way
and develop such facilities within the corridor referred to as `X' on
the map dated [Struck out->][ XXX ][<-Struck
out] and on file with the Secretary as are necessary to carry out subsection
(a).
(B) RECOMMENDATIONS- The Secretary shall consider specific alignment
proposals for the route for the corridor made by the State of Nevada
and the units of local government within whose jurisdiction the route
is proposed to pass.
(C) NOTICE AND DESCRIPTION- Not later than 180 days after the date of
enactment of this section, the Secretary shall--
(i) publish in the Federal Register a notice containing a legal description
of the corridor; and
(ii) file copies of the map referred to in paragraph (1) and the legal
description of the corridor with--
(II) the Secretary of the Interior;
(III) the Governor of the State of Nevada;
(IV) the Board of County Commissioners of Lincoln County, Nevada;
(V) the Board of County Commissioners of Nye County, Nevada; and
(VI) the Archivist of the United States.
(i) EFFECT- The map and legal description referred to in subparagraph
(C) shall have the same force and effect as if the map and legal description
were included in this Act.
(ii) CORRECTIONS- The Secretary may correct clerical and typographical
errors in the map and legal description and make minor adjustments
in the boundaries of the corridor.
(2) WITHDRAWAL AND RESERVATION-
(A) PUBLIC LAND- Subject to valid existing rights, the public land depicted
on the map referred to in paragraph (1)(C) is withdrawn from all forms
of entry, appropriation, and disposal under the public land laws, including
the mineral leasing laws, the geothermal laws, the material sale laws,
and the mining laws.
(B) ADMINISTRATIVE JURISDICTION- Administrative jurisdiction over the
land is transferred from the Secretary of the Interior to the Secretary.
(C) RESERVATION- The land is reserved for the use of the Secretary for
the construction and operation of transportation facilities and associated
activities under title I of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10121 et seq.)
(D) MEMORANDUM OF UNDERSTANDING- The Secretary may also enter into a
memorandum of understanding with the head of any other agency having
administrative jurisdiction over other Federal land used for purposes
of the corridor referred to in paragraph (1)(A).
(c) Environmental Impact-
(1) IN GENERAL- The Secretary shall comply with all applicable requirements
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) with respect to activities carried out under this section.
(2) CONSIDERATION OF POTENTIAL IMPACTS- To the extent a Federal agency
is required to consider the potential environmental impact of an activity
carried out under this section, the Federal agency shall adopt, to the
maximum extent practicable, an environmental impact statement prepared
under this section.
(3) EFFECT OF ADOPTION OF STATEMENT- The adoption by a Federal agency
of an environmental impact statement under paragraph (2) shall be considered
to satisfy the responsibilities of the Federal agency under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and no further
consideration under that Act shall be required by the Federal agency.
SEC. 8. NEW PLANT CONTRACTS.
Section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a))
is amended by striking paragraph (5) and inserting the following--
`(5) REQUIRED PROVISIONS-
`(A) IN GENERAL- Except as provided in subparagraph (B), any contract
entered into under this section shall provide that--
`(i) following issuance of a license to construct and operate facilities
to receive and store spent nuclear fuel at the Yucca Mountain site,
the Secretary shall take title to the high-level radioactive waste
or spent nuclear fuel involved as expeditiously as practicable upon
the request of the generator or owner of such waste or spent fuel;
and
`(ii) in return for the payment of fees established by this section,
the Secretary, beginning not later than January 31, 1998, shall dispose
of the high-level radioactive waste or spent nuclear fuel involved
as provided in this subtitle.
`(B) EXCEPTION- Notwithstanding subparagraph (A), with respect to a
nuclear power facility for which a license application is filed with
the Commission after January 1, 2007, under section 103 or 104 of the
Atomic Energy Act of 1954 (42 U.S.C. 2133, 2134), a contract entered
into under this section shall--
`(i) except as provided in clause (ii) and any terms and conditions
relating to spent nuclear fuel generated before the date of enactment
of the Nuclear Fuel Management and Disposal Act, be consistent with
the terms and conditions of the contract entitled `Contract for Disposal
of Spent Nuclear Fuel and/or High-Level Radioactive Waste' that is
included in section 961.11 of title 10 of the Code of Federal Regulations
(as in effect on the date of enactment of the Nuclear Fuel Management
and Disposal Act);
`(ii) provide for the taking of title to, and removal of, high-level
waste or spent nuclear fuel beginning not later than 25 years after
the date on which the nuclear power facility begins commercial operations;
and
`(iii) be entered into not later than 60 days after the date on which
the license application is docketed by the Commission.'.
SEC. 9. NUCLEAR WASTE FUND.
(a) Budget Act Allocations- Effective for fiscal year 2007 and each fiscal
year thereafter, funds appropriated from the Nuclear Waste Fund established
under section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222)
shall not be subject to--
(1) the allocations for discretionary spending under section 302(a) of
the Congressional Budget Act of 1974 (2 U.S.C. 633(a)); or
(2) the suballocations of appropriations committees under section 302(b)
of that Act.
(b) Fund Uses- Section 302(d)(4) of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10222(d)(4)) is amended by striking `with' and all that follows
through `storage site' and inserting `with surface facilities within the
geologic repository operations area (including surface facilities for the
receipt, handling, packaging, and storage of spent nuclear fuel and high-level
radioactive waste prior to emplacement, or transportation to the repository
of spent nuclear fuel or high-level radioactive waste to surface facilities
for the receipt, handling, packaging, and storage of spent nuclear fuel
and high-level radioactive waste prior to emplacement and the transportation,
treating, or packaging of spent nuclear fuel or high-level radioactive waste
to be disposed of in the repository, to be stored in a monitored retrievable
storage site),'.
(c) Budget Neutrality- As soon as practicable after the date of enactment
of this Act, the Chairperson of the Committee on the Budget of the House
of Representatives and the Chairperson of the Committee on Budget of the
Senate shall make adjustments in the allocation of new budget authority
to the appropriate committees in amounts equal to the fees reclassified
by subsection (a).
SEC. 10. WASTE CONFIDENCE.
For purposes of a determination by the Nuclear Regulatory Commission on
whether to grant or amend any license to operate any civilian nuclear power
reactor or high-level radioactive waste or spent fuel storage or treatment
facility under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), the
provisions of this Act (including the amendments made by this Act) and the
obligation of the Secretary to develop a repository in accordance with the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.), shall provide
sufficient and independent grounds for any further findings by the Nuclear
Regulatory Commission of reasonable assurances that spent nuclear fuel and
high-level radioactive waste would be disposed of safely and in a timely
manner.
END
