H.R. 3053 — what changed

“(C) designs, specifications, and cost estimates sufficient to—

“(i) solicit bids for the construction of one or more such facilities; and

“(ii) enable completion and operation of such a facility as soon as practicable;”

“(E) options to enter into MRS agreements with respect to one or more monitored retrievable storage facilities.”

changed “(4) The Secretary shall, not later than 90 days after the date of enactment of the Nuclear Waste Policy Amendments Act of 2017, 2018, publish a request for information to help the Secretary evaluate options for the Secretary to enter into MRS agreements with respect to one or more monitored retrievable storage facilities.”

“(35) The term MRS agreement means a cooperative agreement, contract, or other mechanism that the Secretary considers appropriate to support the storage of Department-owned civilian waste in one or more monitored retrievable storage facilities as authorized under section 142(b)(2).

“(36) The term Department-owned civilian waste means high-level radioactive waste, or spent nuclear fuel, resulting from civilian nuclear activities, to which the Department holds title.”

“143. Conditions for MRS agreements

“(a) In general—The Secretary may not enter into an MRS agreement under section 142(b)(2) unless—

“(1) the monitored retrievable storage facility with respect to which the MRS agreement applies has been licensed by the Commission under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.);

“(2) the non-Federal entity that is a party to the MRS agreement has approval to store Department-owned civilian waste at such facility from each of—

“(A) the Governor of the State in which the facility is located;

“(B) any unit of general local government with jurisdiction over the area in which the facility is located; and

“(C) any affected Indian tribe;

“(3) except as provided in subsection (b), the Commission has issued a final repository decision; and

“(4) the MRS agreement provides that the quantity of high-level radioactive waste and spent nuclear fuel at the site of the facility at any one time will not exceed the limits described in section 148(d)(3) and (4).

“(b) Initial agreement

“(1) Authorization—The Secretary may enter into one MRS agreement under section 142(b)(2) before the Commission has issued a final repository decision.

“(2) Funding—There are authorized to be appropriated to carry out this subsection—

“(A) for each of fiscal years 2020 through 2022, the greater of—

“(i) $50,000,000; or

“(ii) the amount that is equal to 10 percent of the amounts appropriated from the Waste Fund in that fiscal year; and

“(B) for each of fiscal years 2023 through 2025, the amount that is equal to 10 percent of the amounts appropriated from the Waste Fund in that fiscal year.

“(3) Priority

changed “(A) In general—An MRS agreement entered into pursuant to paragraph (1) shall, to the extent allowable under this Act (including under the terms of the standard contract established in section 691.11 961.11 of title 10, Code of Federal Regulations), provide for prioritization of the storage of Department-owned civilian waste that originated from facilities that have ceased commercial operation.

changed “(B) No effect on standard contract—Nothing in subparagraph (A) shall be construed to amend or otherwise alter the standard contract established in section 691.11 961.11 of title 10, Code of Federal Regulations.

“(4) Conditions

“(A) No storage—Except as provided in subparagraph (B), the Secretary may not store any Department-owned civilian waste at the initial MRS facility until the Commission has issued a final repository decision.

“(B) Exception

changed “(i) Finding—The Secretary, in consultation with the Chairman of the Commission, Secretary may make a finding that a final repository decision is imminent, which finding shall be updated not less often than quarterly until the date on which the Commission issues a final repository decision.

“(ii) Storage—If the Secretary makes a finding under clause (i), the Secretary may store Department-owned civilian waste at the initial MRS facility in accordance with this section.

changed “(iii) Notice—Not later than seven 7 days after the Secretary makes or updates a finding under clause (i), the Secretary shall submit to Congress written notification of such finding.

“(iv) Reporting—In addition to the requirements of section 114(c), if the Secretary makes a finding under clause (i), the Secretary shall submit to Congress the report described in such section 114(c) not later than 1 month after the Secretary makes such finding and monthly thereafter until the date on which the Commission issues a final repository decision.

“(C) No effect on Federal disposal policy—Nothing in this subsection affects the Federal responsibility for the disposal of high-level radioactive waste and spent nuclear fuel, or the definite Federal policy with regard to the disposal of such waste and spent fuel, established under subtitle A, as described in section 111(b).

“(c) Definitions—For purposes of this section:

“(1) Final repository decision—The term final repository decision means a final decision approving or disapproving the issuance of a construction authorization for a repository under section 114(d)(1).

“(2) Initial MRS facility—The term initial MRS facility means the monitored retrievable storage facility with respect to which an MRS agreement is entered into pursuant to subsection (b)(1).”

“(1) Applications for construction authorization—The Commission shall consider”

“(2) Applications to amend—If the Commission issues a construction authorization for a repository pursuant to paragraph (1) and the Secretary submits an application to amend such authorization, the Commission shall consider the application to amend using expedited, informal procedures, including discovery procedures that minimize the burden on the parties to produce documents. The Commission shall issue a final decision on such application to amend within 1 year after the date of submission of such application, except that the Commission may extend such deadline by not more than 6 months if, not less than 30 days before such deadline, the Commission complies with the reporting requirements established in subsection (e)(2).

“(3) Infrastructure activities

“(A) In general—At any time before or after the Commission issues a final decision approving or disapproving the issuance of a construction authorization for a repository pursuant to paragraph (1), the Secretary may undertake infrastructure activities that the Secretary considers necessary or appropriate to support construction or operation of a repository at the Yucca Mountain site or transportation to such site of spent nuclear fuel and high-level radioactive waste. Infrastructure activities include safety upgrades, site preparation, the construction of a rail line to connect the Yucca Mountain site with the national rail network (including any facilities to facilitate rail operations), and construction, upgrade, acquisition, or operation of electrical grids or facilities, other utilities, communication facilities, access roads, and nonnuclear support facilities.

“(B) Environmental analysis—If the Secretary determines that an environmental analysis is required under the National Environmental Policy Act of 1969 with respect to an infrastructure activity undertaken under this paragraph, the Secretary need not consider alternative actions or a no-action alternative. To the extent any other Federal agency must consider the potential environmental impact of such an infrastructure activity, the agency shall adopt, to the extent practicable, any environmental analysis prepared by the Secretary under this subparagraph without further action. Such adoption satisfies the responsibilities of the adopting agency under the National Environmental Policy Act of 1969, and no further action is required by the agency.

“(C) No grounds for disapproval—The Commission may not disapprove, on the grounds that the Secretary undertook an infrastructure activity under this paragraph—

“(i) the issuance of a construction authorization for a repository pursuant to paragraph (1);

“(ii) a license to receive and possess spent nuclear fuel and high-level radioactive waste; or

“(iii) any other action concerning the repository.”

“(8) None of the payments under this section may be used—

“(A) 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;

“(B) for litigation purposes; or

“(C) to support multistate efforts or other coalition-building activities inconsistent with the siting, construction, or operation of the monitored retrievable storage facility or repository concerned.”

added “(c) Payments by Secretary—The Secretary shall make payments to the State of Nevada under a benefits agreement concerning a repository under section 170 from the Waste Fund. The signature of the Secretary on a valid benefits agreement under this subtitle shall constitute a commitment, but only to the extent that all amounts for that purpose are provided in advance in subsequent appropriations Acts, by the Secretary to make payments in accordance with such agreement.”

“172A. Covered units of local government

“(a) Benefits agreement—Not earlier than 1 year after the date of enactment of this section, the Secretary may enter into a benefits agreement with any covered unit of local government concerning a repository for the acceptance of high-level radioactive waste or spent nuclear fuel in the State of Nevada.

changed “(b) Content of agreements—In addition to any benefits to which that a covered unit of local government is entitled may receive under this Act, the Secretary shall make payments to such covered unit of local government that is a party to a benefits agreement under subsection (a) to mitigate impacts described in section 175(b).

“(c) Payments from Waste Fund—The Secretary shall make payments to a covered unit of local government under a benefits agreement under this section from the Waste Fund.

“(d) Restriction on use—None of the payments made pursuant to a benefits agreement under this section 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; or

“(3) to support multistate efforts or other coalition-building activities inconsistent with the siting, construction, or operation of the repository.

“(e) Consent—The acceptance or use of any of the benefits provided under a benefits agreement under this section by any covered unit of local government shall not be considered to be an expression of consent, express or implied, to the siting of a repository in the State of Nevada.

“(f) Covered unit of local government defined—In this section, the term covered unit of local government means—

“(1) any affected unit of local government with respect to a repository; and

“(2) any unit of general local government in the State of Nevada.”

added “(4) Benefits and payments under this subtitle made available pursuant to a benefits agreement under this section or section 172A may be made available only in accordance with such benefits agreement and to the extent that all amounts for that purpose are provided in advance in subsequent appropriations Acts.”

changed Section 175(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10174a(a)) is amended by striking “Nuclear Waste Policy Amendments Act of 1987” and inserting “Nuclear Waste Policy Amendments Act of 2017”.2018”.

“(4) Assessment, collection, and payment of fees

“(A) Assessment of fees—Not later than”

“(B) Collection and payment of fees

changed “(i) In general—Not later than 180 days after the date of enactment of Nuclear Waste Policy Amendments Act of 2017, 2018, the Secretary shall establish procedures for the collection and payment of the fees established by paragraph (2) and paragraph (3), or adjusted pursuant to subparagraph (A).

“(ii) Limitation on collection—The Secretary may not collect a fee established under paragraph (2), including a fee established under paragraph (2) and adjusted pursuant to subparagraph (A)—

“(I) until the date on which the Commission issues a final decision approving or disapproving the issuance of a construction authorization for a repository under section 114(d)(1); and

“(II) after such date, in an amount that will cause the total amount of fees collected under this subsection in any fiscal year to exceed 90 percent of the amounts appropriated for that fiscal year for purposes described in subsection (d).

“(iii) Payment of full amounts—Notwithstanding the noncollection of a fee by the Secretary pursuant to clause (ii) in any fiscal year, a person who has entered into a contract with the Secretary under this subsection shall pay any uncollected amounts when determined necessary by the Secretary, subject to clause (ii), for purposes described in subsection (d).”

Section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222) is amended by adding at the end the following:

changed “(f) Availability of certain amountsLimitation on funding

changed “(1) In general—Notwithstanding any other provision general—Beginning on the date of this section, first spent fuel receipt at a repository, no amount may be appropriated in any fiscal year for activities relating to the purposes described in subsection (d) that are specified in subparagraphs (A) through (E) repository, including transportation of this paragraph, additional spent fuel to the following amounts from repository and operation of the Waste Fund shall be available repository, unless the applicable amount required with respect to the Secretary without further appropriation:repository under section 171(a)(1)(B) or section 171(a)(1)(C) is appropriated for that fiscal year.

changed “(A) An amount equal to 1 percent of 2017 Waste Fund amounts, on “(2) Definition—In this subsection, the date on which high-level radioactive waste or terms spent nuclear fuel is received at the Yucca Mountain site, and in each of the 25 years thereafter, for costs associated with construction and operation of a repository or facilities at first spent fuel receipt have the Yucca Mountain site.meaning given such terms in section 171(a).

changed “(B) An amount equal to 1 percent of 2017 Waste Fund amounts, on the date on which high-level radioactive waste or spent nuclear fuel is received at the Yucca Mountain site, to make payments under a benefits agreement entered into under section 170 with the State of Nevada concerning a repository.“(g) Offsetting funding

changed “(C) An amount equal to 0.1 percent of 2017 Waste Fund amounts, on the date that is one year “(1) In general—Fees collected after the date on which high-level radioactive waste or spent nuclear fuel is received at of enactment of the Yucca Mountain site, and in each year thereafter until closure Nuclear Waste Policy Amendments Act of 2018 pursuant to subsection (a) shall be credited to the repository, Waste Fund and available, to make payments under a benefits agreement entered into under section 170 the extent provided in advance in appropriation Acts and consistent with the State requirements of Nevada concerning a repository.this section, to carry out activities authorized to be funded from the Waste Fund.

changed “(D) An amount equal “(2) Offsetting collection—Fees collected in a fiscal year pursuant to 20 percent of 2017 Waste Fund amounts, on paragraph (1) shall be deposited and credited as offsetting collections to the date on which monitoring account providing appropriations for such activities and shall be classified as discretionary appropriations as defined by section 250(c)(7) of the repository during the decommissioning period commences, for waste package Balanced Budget and drip shield fabrication activities.Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(7)).

changed “(E) An amount equal to “(3) Estimates—For the amount purposes of any fee collected pursuant to subsection (a)(3) after the date of enactment Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) and the Nuclear Waste Policy Amendments Congressional Budget Act of 2017, 1974 (2 U.S.C. 621 et seq.) and for determining points of order pursuant to that Act or any concurrent resolution on the date on which such fee is collected, budget, an estimate provided under those Acts for costs associated with construction and operation of a repository provision in a bill or facilities at joint resolution, or amendment thereto or conference report thereon, that provides discretionary appropriations, derived from amounts in the Yucca Mountain site.Waste Fund, for such activities shall include in that estimate the amount of such fees that will be collected during the fiscal year for which such appropriation is made available. Any such estimate shall not include any change in net direct spending as result in the appropriation of such fees.”

removed “(2) 2017 Waste Fund amounts—For purposes of this subsection, the term 2017 Waste Fund amounts means the amounts in the Waste Fund on the date of enactment of the Nuclear Waste Policy Amendments Act of 2017.”

“(b) Director

“(1) Functions—The Director of the Office shall be responsible for carrying out the functions of the Secretary under this Act. The Director of the Office shall report directly to the Secretary.

“(2) Qualifications—The Director of the Office shall be appointed from among persons who have extensive expertise and experience in organizational and project management.

“(3) Tenure—The Director of the Office may serve not more than two 5-year terms.

“(4) Service during interim period—Upon expiration of the Director’s term, the Director may continue to serve until the earlier of—

“(A) the date on which a new Director is confirmed; or

changed “(B) the date that is one 1 year after the date of such expiration.

“(5) Removal—The President may remove the Director only for inefficiency, neglect of duty, or malfeasance in office. If the President removes the Director, the President shall submit to Congress a statement explaining the reason for such removal.”

changed Not later than one 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall submit to Congress a report containing the final remedy to be implemented at the West Lake Landfill and the expected timeline for implementation of such final remedy.