H.R. 3053 — what changed
Nuclear Waste Policy Amendments Act of 2018
From Introduced in House to Reported in House. 12 sections amended, 5 added, and 1 removed between Introduced in House and Reported in House.
Sec. 103 Conditions for MRS agreements
Amendment— Section 143 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10163) is amended to read as follows:
“143. Conditions for MRS agreements
changed
“The “(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;
changed
“(3) except as provided in subsection (b), the Commission has issued a final decision approving or disapproving the issuance of a construction authorization for a repository under section 114(d)(1); decision; and
changed
“(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).”(4).
added “(b) Initial agreement
added “(1) Authorization—The Secretary may enter into one MRS agreement under section 142(b)(2) before the Commission has issued a final repository decision.
added “(2) Funding—There are authorized to be appropriated to carry out this subsection—
added “(A) for each of fiscal years 2020 through 2022, the greater of—
added “(i) $50,000,000; or
added “(ii) the amount that is equal to 10 percent of the amounts appropriated from the Waste Fund in that fiscal year; and
added “(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.
added “(3) Priority
added “(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 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.
added “(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 of title 10, Code of Federal Regulations.
added “(4) Conditions
added “(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.
added “(B) Exception
added “(i) Finding—The Secretary, in consultation with the Chairman of the Commission, 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.
added “(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.
added “(iii) Notice—Not later than seven days after the Secretary makes or updates a finding under clause (i), the Secretary shall submit to Congress written notification of such finding.
added “(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.
added “(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).
added “(c) Definitions—For purposes of this section:
added “(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).
added “(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).”
Conforming amendment— The item relating to section 143 in the table of contents for the Nuclear Waste Policy Act of 1982 is amended to read as follows:
Sec. 104 Survey
Section 144 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10164) is amended—
by striking “After the MRS Commission submits its report to the Congress under section 143, the” and inserting “(a) In general.—The”;
added
in the matter preceding paragraph (1), by striking “for a monitored retrievable storage facility” and inserting “for any monitored retrievable storage facility authorized under section 142”;
renumbered
was (4)
in paragraph (6), by striking “; and” and inserting a semicolon;
renumbered
was (5)
in paragraph (7), by striking the period at the end and inserting “; and”; and
renumbered
was (6)
by adding after paragraph (7) the following:
“(8) be acceptable to State authorities, affected units of local government, and affected Indian tribes.
“(b) Request for proposals—The Secretary shall issue a request for proposals for an MRS agreement authorized under section 142(b)(2) before conducting a survey and evaluation under subsection (a), and shall consider any proposals received in response to such request in making the evaluation.”
Sec. 105 Site selection
Section 145 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10165) is amended—
in subsection (a)—
changed
by striking “select the site evaluated” and inserting “select a site evaluated”; andevaluated”;
by striking “the most”; and
added
by inserting “authorized under section 142(b)(1)” after “monitored retrievable storage facility”; and
by striking subsection (g).
Sec. 108 Financial assistance
addedadded Section 149 of the Nuclear Waste Policy Act of 1982 is amended by inserting “authorized under section 142(b)(1)” after “a monitored retrievable storage facility”.
Sec. 201 Land withdrawal, jurisdiction, and reservation
Land withdrawal, jurisdiction, and reservation—
Land withdrawal— Subject to valid existing rights and except as provided otherwise in this section, the lands described in subsection (c) are withdrawn permanently from all forms of entry, appropriation, and disposal under the public land laws, including the mineral leasing laws, the geothermal leasing laws, and the mining laws.
Jurisdiction— Except as otherwise provided in this section, jurisdiction over the withdrawal is vested in the Secretary. There are transferred to the Secretary the lands within the withdrawal under the jurisdiction of the Secretary concerned on the effective date described in subsection (j)(1).
Reservation— The withdrawal is reserved for use by the Secretary for development, preconstruction testing and performance confirmation, licensing, construction, management and operation, monitoring, closure, postclosure, and other 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.).
Revocation and modification of public land orders and rights-of-Way—
Public land order revocation— Public Land Order 6802 of September 25, 1990, as extended by Public Land Order 7534, and any conditions or memoranda of understanding accompanying those land orders, are revoked.
Right-of-way reservations— Project right-of-way reservations N–48602 and N–47748 of January 2001, are revoked.
Land description—
Boundaries— The lands and interests in lands withdrawn and reserved by this section comprise the approximately 147,000 acres of land in Nye County, Nevada, as generally depicted on the Yucca Mountain Project Map, YMP–03–024.2, entitled “Proposed Land Withdrawal” and dated July 21, 2005.
Legal description and map— Not later than 120 days after the date of enactment of this Act, the Secretary of the Interior shall—
publish in the Federal Register a notice containing a legal description of the withdrawal; and
file copies of the maps described in paragraph (1) and the legal description of the withdrawal with the Congress, the Governor of the State of Nevada, and the Archivist of the United States.
Technical corrections— The maps and legal description referred to in this subsection have the same force and effect as if they were included in this section. The Secretary of the Interior may correct clerical and typographical errors in the maps and legal description.
Relationship to other reservations— The provisions of subtitle A of title XXX of the Military Lands Withdrawal Act of 1999 (sections 3011–3023 of Public Law 106–65) and of Public Land Order 2568 do not apply to the lands withdrawn and reserved for use by the Secretary under subsection (a). This Act does not apply to any other lands withdrawn for use by the Department of Defense under subtitle A of title XXX of the Military Lands Withdrawal Act of 1999.
Management responsibilities—
General authority— The Secretary shall manage the lands withdrawn by subsection (a) consistent with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), this section, and other applicable law. The Secretary shall consult with the Secretary concerned in discharging that responsibility.
Management plan—
Development— The Secretary, after consulting with the Secretary concerned, shall develop a management plan for the use of the withdrawal. Within 3 years after the date of enactment of this Act, the Secretary shall submit the management plan to the Congress and the State of Nevada.
Priority of Yucca Mountain Project-related issues— Subject to subparagraphs (C) and (D), any use of the withdrawal for activities not associated with the Project is subject to conditions and restrictions that the Secretary considers necessary or desirable to permit the conduct of Project-related activities.
Department of the Air Force uses— The management plan may provide for the continued use by the Department of the Air Force of the portion of the withdrawal within the Nellis Air Force Base Test and Training Range under terms and conditions on which the Secretary and the Secretary of the Air Force agree concerning Air Force activities.
Other non-Yucca-Mountain-Project uses— The management plan shall provide for the maintenance of wildlife habitat and shall provide that the Secretary may permit non-Project-related uses that the Secretary considers appropriate, including domestic livestock grazing and hunting and trapping in accordance with the following requirements:
Grazing— The Secretary may permit grazing to continue where established before the effective date described in subsection (j)(1), subject to regulations, policies, and practices that the Secretary, after consulting with the Secretary of the Interior, determines to be necessary or appropriate. The management of grazing shall be conducted in accordance with applicable grazing laws and policies, including—
the Act commonly known as the “Taylor Grazing Act” (43 U.S.C. 315 et seq.);
title IV of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1751 et seq.); and
the Public Rangelands Improvement Act of 1978 (43 U.S.C. 1901 et seq.).
Hunting and trapping— The Secretary may permit hunting and trapping within the withdrawal where established before the effective date described in subsection (k)(1), except that the Secretary, after consulting with the Secretary of the Interior and the State of Nevada, may designate zones where, and establish periods when, no hunting or trapping is permitted for reasons of public safety, national security, administration, or public use and enjoyment.
Mining—
In general— Except as provided in clause (ii), surface or subsurface mining or oil or gas production, including slant drilling from outside the boundaries of the withdrawal, is not permitted at any time on lands on or under the withdrawal. The Secretary of the Interior shall evaluate and adjudicate the validity of all unpatented mining claims on the portion of the withdrawal that, on the date of enactment of this Act, was under the control of the Bureau of Land Management. The Secretary shall provide just compensation for the acquisition of any valid property right.
changed
Cind-R-Lite Cind-R–Lite Mine— Patented Mining Claim No. 27–83–0002, covering the Cind-R-Lite Cind–R–Lite Mine, shall not be affected by establishment of the withdrawal set forth in subsection (a)(1). In that event, the Secretary shall provide just compensation.
Limited public access— The management plan may provide for limited public access to the portion of the withdrawal under Bureau of Land Management control on the effective date described in subsection (j)(1). Permitted uses may include continuation of the Nye County Early Warning Drilling Program, utility corridors, and other uses the Secretary, after consulting with the Secretary of the Interior, considers consistent with the purposes of the withdrawal.
Closure— If the Secretary, after consulting with the Secretary concerned, determines that the health and safety of the public or the common defense and security require the closure of a road, trail, or other portion of the withdrawal, or the airspace above the withdrawal, the Secretary may effect and maintain the closure and shall provide notice of the closure.
Implementation— The Secretary and the Secretary concerned shall implement the management plan developed under paragraph (2) under terms and conditions on which they agree.
Immunity— The United States and its departments and agencies shall be held harmless and shall not be liable for damages to persons or property suffered in the course of any mining, mineral leasing, or geothermal leasing activity conducted on the withdrawal.
Land acquisition— The Secretary may acquire lands and interests in lands within the withdrawal. Those lands and interests in lands may be acquired by donation, purchase, lease, exchange, easement, rights-of-way, or other appropriate methods using donated or appropriated funds. The Secretary of the Interior shall conduct any exchange of lands within the withdrawal for Federal lands outside the withdrawal.
removed
Air quality permits and requirements—
removed
Preemption— No State or unit of general local government thereof may issue, implement, or enforce any air quality permit, or requirement relating to air quality, with respect to any Federal facility or activity described in paragraph (2).
removed
Federal facility or activity— A Federal facility or activity described in this paragraph is a Federal facility or activity that is—
removed
subject to the requirements of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.);
removed
for the purpose of siting, constructing, or operating a repository, including the support of any such siting, constructing, or operating; and
removed
located, or occurring, in the withdrawal.
renumbered
was (10)
Material requirements— Notwithstanding any other provision of law, no Federal, State, Interstate, or local requirement, either substantive or procedural, that is referred to in section 6001(a) of the Solid Waste Disposal Act (42 U.S.C. 6961(a)) applies with respect to any material—
renumbered
was (10)(3)
as such material is transported to a repository for disposal at such repository; or
renumbered
was (10)(4)
as, or after, such material is disposed of in a repository.
added
Definitions—
removed
Definitions—
renumbered
was (11)(2)
Nuclear Waste Policy Act of 1982 definitions— For purposes of this section, the terms disposal, high-level radioactive waste, repository, Secretary, and spent nuclear fuel have the meaning given those terms in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
renumbered
was (11)(3)
Other definitions— For purposes of this section—
renumbered
was (11)(3)(3)
the term withdrawal means the geographic area consisting of the land described in subsection (c);
renumbered
was (11)(3)(4)
the term Secretary concerned means the Secretary of the Air Force or the Secretary of the Interior, or both, as appropriate; and
renumbered
was (11)(3)(5)
the term Project means the Yucca Mountain Project.
added
Effective date—
removed
Effective date—
renumbered
was (12)(2)
In general— Except as provided in paragraph (2), this section shall take effect on the date on which the Nuclear Regulatory Commission issues a final decision approving the issuance of a construction authorization for a repository under section 114(d)(1) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(d)) (as so designated by this Act).
renumbered
was (12)(3)
Exceptions— Subsections (c), (e)(2)(A), (h), (i), and (j) shall take effect on the date of enactment of this Act.
Sec. 202 Application procedures and infrastructure activities
changed
Amendments—Status report on application— Section 124 114(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10144) 10134(c)) is amended—amended by striking “the date on which such authorization is granted” and inserting “the date on which the Commission issues a final decision approving or disapproving such application”.
removed
by inserting “(a) Water rights acquisition effect.—” before “The Secretary shall give full”; and
removed
by adding at the end the following new subsection:
removed
“(b) Beneficial use of water—Notwithstanding any other Federal, State, or local law, the use of water from any source in quantities sufficient to accomplish the purposes of this subtitle to carry out Department functions under this subtitle is declared to be a use that is beneficial to interstate commerce and that does not threaten to prove detrimental to the public interest. A State shall not enact or apply a law that discriminates against this use. The Secretary, through purchase or otherwise, may obtain water rights necessary to carry out Department functions under this subtitle.”
changed
Effective date—Application procedures and infrastructure activities— This section shall take effect on the date on which the Nuclear Regulatory Commission issues a final decision approving the issuance of a construction authorization for a repository under section 114(d)(1) Section 114(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(d)) (as so designated by this Act).is amended—
added
by striking “The Commission shall consider” and inserting the following:
added “(1) Applications for construction authorization—The Commission shall consider”
added
by striking “the expiration of 3 years after the date of the submission of such application” and inserting “30 months after the date of enactment of the Nuclear Waste Policy Amendments Act of 2017”;
added
by striking “70,000 metric tons” each place it appears and inserting “110,000 metric tons”; and
added
by adding at the end the following new paragraphs:
added “(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).
added “(3) Infrastructure activities
added “(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.
added “(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.
added “(C) No grounds for disapproval—The Commission may not disapprove, on the grounds that the Secretary undertook an infrastructure activity under this paragraph—
added “(i) the issuance of a construction authorization for a repository pursuant to paragraph (1);
added “(ii) a license to receive and possess spent nuclear fuel and high-level radioactive waste; or
added “(iii) any other action concerning the repository.”
added
Connected actions— Section 114(f)(6) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(f)(6)) is amended by striking “or nongeologic alternatives to such site” and inserting “nongeologic alternatives to such site, or an action connected or otherwise related to the repository to the extent the action is undertaken outside the geologic repository operations area and does not require a license from the Commission”.
Sec. 203 Pending repository license application
added Nothing in this Act or the amendments made by this Act shall be construed to require the Secretary to amend or otherwise modify an application for a construction authorization described in section 114(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(d)) pending as of the date of enactment of this Act.
removed
Application procedures and infrastructure activities— Section 114(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(d)) is amended—
removed
by striking “The Commission shall consider” and inserting the following:
removed
“(1) Applications for construction authorization—The Commission shall consider”
removed
by striking “the expiration of 3 years after the date of the submission of such application” and inserting “18 months after the date of enactment of the Nuclear Waste Policy Amendments Act of 2017”;
removed
by striking “The Commission decision approving the first such application” and all that follows through “monitored retrievable storage facility until such time as a second repository is in operation.”; and
removed
by adding at the end the following new paragraphs:
removed
“(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).
removed
“(3) Infrastructure activities
removed
“(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.
removed
“(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.
removed
“(C) No grounds for disapproval—The Commission may not disapprove, on the grounds that the Secretary undertook an infrastructure activity under this paragraph—
removed
“(i) the issuance of a construction authorization for a repository pursuant to paragraph (1);
removed
“(ii) a license to receive and possess spent nuclear fuel and high-level radioactive waste; or
removed
“(iii) any other action concerning the repository.”
removed
Connected actions— Section 114(f)(6) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(f)(6)) is amended by striking “or nongeologic alternatives to such site” and inserting “nongeologic alternatives to such site, or an action connected or otherwise related to the repository to the extent the action is undertaken outside the geologic repository operations area and does not require a license from the Commission”.
Sec. 204 Limitation on planning, development, or construction of defense waste repository
added
Limitation— The Secretary of Energy may not take any action relating to the planning, development, or construction of a defense waste repository until the date on which the Nuclear Regulatory Commission issues a final decision approving or disapproving the issuance of a construction authorization for a repository under section 114(d)(1) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(d)) (as so designated by this Act).
added
Definitions— In this section—
added
the terms atomic energy defense activity, high-level radioactive waste, repository, and spent nuclear fuel have the meanings given those terms in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101); and
added
the term defense waste repository means the repository for high-level radioactive waste and spent nuclear fuel derived from the atomic energy defense activities of the Department of Energy, as described in the draft plan of the Department titled “Draft Plan for a Defense Waste Repository” published on December 16, 2016.
removed
Nothing in this Act or the amendments made by this Act shall be construed to require the Secretary to amend or otherwise modify an application for a construction authorization described in section 114(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(d)) pending as of the date of enactment of this Act.
Sec. 205 Sense of Congress regarding transportation routes
added It is the sense of Congress that the Secretary of Energy should consider routes for the transportation of spent nuclear fuel or high-level radioactive waste transported by or for the Secretary under subtitle A of title I of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10131 et seq.) to the Yucca Mountain site that, to the extent practicable, avoid Las Vegas, Nevada.
removed
Limitation— The Secretary of Energy may not take any action relating to the planning, development, or construction of a defense waste repository until the date on which the Nuclear Regulatory Commission issues a final decision approving or disapproving the issuance of a construction authorization for a repository under section 114(d)(1) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(d)) (as so designated by this Act).
removed
Definitions— In this section—
removed
the terms atomic energy defense activity, high-level radioactive waste, repository, and spent nuclear fuel have the meanings given those terms in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101); and
removed
the term defense waste repository means the repository for high-level radioactive waste and spent nuclear fuel derived from the atomic energy defense activities of the Department of Energy, as described in the draft plan of the Department titled “Draft Plan for a Defense Waste Repository” published on December 16, 2016.
Sec. 206 Sense of Congress regarding transportation routes
removed
removed
It is the sense of Congress that the Secretary of Energy should consider routes for the transportation of spent nuclear fuel or high-level radioactive waste transported by or for the Secretary under subtitle A of title I of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10131 et seq.) to the Yucca Mountain site that, to the extent practicable, avoid Las Vegas, Nevada.
Sec. 402 Content of agreements
Benefits schedule— The table in section 171(a)(1) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10173a(a)(1)) is amended to read as follows:
Restrictions on use— Section 171(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10173a(a)) is amended—
in paragraph (6), by striking “paragraph (7)” and inserting “paragraphs (7) and (8)”; and
by adding at the end the following new paragraph:
“(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.”
Contents— Section 171(b) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10173a(b)) is amended—
changed
by striking paragraph (2); and(2);
changed
by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively.respectively; and
added
in paragraph (3) (as redesignated by paragraph (2) of this subsection), by striking “in the design of the repository or monitored retrievable storage facility and”.
Payments from the Waste Fund— Section 171(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10173a(c)) is amended by striking the first sentence and inserting the following: “The Secretary shall make payments to the State of Nevada under a benefits agreement concerning a repository under section 170 from the Waste Fund.”.
Sec. 405 Priority funding for certain institutions of higher education
added
In general— Subtitle G of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10174 et seq.) is amended by adding at the end the following new section:
added “176. Priority funding for certain institutions of higher education
added “(a) In general—In providing any funding to institutions of higher education from the Waste Fund, the Secretary shall prioritize institutions of higher education that are located in the State of Nevada.
added “(b) Definition—In this section, the term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).”
added
Conforming amendment— The table of contents for the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 note) is amended by adding after the item relating to section 175, the following:
removed
Subtitle G of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10174 et seq.) is amended by adding at the end the following new section:
removed
“176. Priority funding for certain institutions of higher education
removed
“(a) In general—In providing any funding to institutions of higher education from the Waste Fund, the Secretary shall prioritize institutions of higher education that are located in the State of Nevada.
removed
“(b) Definition—In this section, the term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).”
Sec. 501 Assessment and collection of fees
In general— Section 302(a)(4) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)(4)) is amended—
in the first sentence—
by striking “(4) Not later than” and inserting the following:
“(4) Assessment, collection, and payment of fees
“(A) Assessment of fees—Not later than”
by striking “the date of enactment of this Act” and inserting “the date of enactment of the Nuclear Waste Policy Amendments Act of 2017”; and
by striking “collection and payment” and inserting “assessment”;
in the second sentence, by striking “collection of the fee” and inserting “such amount”;
in the third sentence, by striking “are being collected” and inserting “will result from such amounts”;
in the fifth sentence, by striking “a period of 90 days of continuous session” and all that follows through the period at the end and inserting “the date that is 180 days after the date of such transmittal.”; and
by adding at the end the following:
“(B) Collection and payment of fees
“(i) In general—Not later than 180 days after the date of enactment of Nuclear Waste Policy Amendments Act of 2017, 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).
changed
“(iii) Payment of full amounts—Notwithstanding the non-collection 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).”
Authority To modify contracts— The Secretary of Energy may seek to modify a contract entered into under section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) before the date of enactment of this Act to ensure that the contract complies with the provisions of such section, as amended by this Act.
Technical and conforming amendments— Section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) is amended—
in paragraph (1), by striking “paragraphs (2) and (3)” and inserting “paragraphs (2), (3), and (4)”;
in paragraph (3), by striking “126(b)”; and
in paragraph (4), by striking “insure” and inserting “ensure”.
Sec. 603 Transportation safety assistance
added Section 180(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10175(c)) is amended—
added
by striking “(c) The Secretary” and inserting the following:
added “(c) Training and assistance
added “(1) Training—The Secretary”
removed
Amendment to the Nuclear Waste Policy Act of 1982— Subsection (b) of section 304 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10224(b)) is amended to read as follows:
removed
“(b) Director
removed
“(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.
removed
“(2) Qualifications—The Director of the Office shall be appointed from among persons who have extensive expertise and experience in organizational and project management.
removed
“(3) Tenure—The Director of the Office may serve not more than two 5-year terms.
removed
“(4) Service during interim period—Upon expiration of the Director’s term, the Director may continue to serve until the earlier of—
removed
“(A) the date on which a new Director is confirmed; or
removed
“(B) the date that is one year after the date of such expiration.
removed
“(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.”
removed
Transfer of functions—
removed
Amendment— Section 203(a) of the Department of Energy Organization Act (42 U.S.C. 7133(a)) is amended by striking paragraph (8).
removed
Transfer of functions— The functions described in the paragraph (8) stricken by the amendment made by paragraph (1) shall be transferred to and performed by the Office of Civilian Radioactive Waste Management, as provided in section 304 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10224).
changed
Technical amendment— Section 2(17) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(17)) is amended by striking “section 305” “The Waste Fund” and inserting “section 304”.the following:
added “(2) Assistance—The Secretary shall, subject to the availability of appropriations, provide in-kind, financial, technical, and other appropriate assistance, for safety activities related to the transportation of high-level radioactive waste or spent nuclear fuel, to any entity receiving technical assistance or funds under paragraph (1).
added “(3) Source of funding—The Waste Fund”
Sec. 604 Office of Civilian Radioactive Waste Management
added
added
Amendment to the Nuclear Waste Policy Act of 1982— Subsection (b) of section 304 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10224(b)) is amended to read as follows:
added “(b) Director
added “(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.
added “(2) Qualifications—The Director of the Office shall be appointed from among persons who have extensive expertise and experience in organizational and project management.
added “(3) Tenure—The Director of the Office may serve not more than two 5-year terms.
added “(4) Service during interim period—Upon expiration of the Director’s term, the Director may continue to serve until the earlier of—
added “(A) the date on which a new Director is confirmed; or
added “(B) the date that is one year after the date of such expiration.
added “(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.”
added
Transfer of functions—
added
Amendment— Section 203(a) of the Department of Energy Organization Act (42 U.S.C. 7133(a)) is amended by striking paragraph (8).
added
Transfer of functions— The functions described in the paragraph (8) stricken by the amendment made by paragraph (1) shall be transferred to and performed by the Office of Civilian Radioactive Waste Management, as provided in section 304 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10224).
added
Technical amendment— Section 2(17) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(17)) is amended by striking “section 305” and inserting “section 304”.
Sec. 605 West Lake Landfill
addedadded Not later than one 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.
Sec. 606 Subseabed or ocean water disposal
added
added
Prohibition— Section 5 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10104) is amended—
added
by striking “Nothing in this Act ” and inserting:
added “(a) Effect on Marine Protection, Research, and Sanctuaries Act of 1972—Nothing in this Act”
added
by adding at the end the following new subsection:
added “(b) Subseabed or ocean water disposal—Notwithstanding any other provision of law—
added “(1) the subseabed or ocean water disposal of spent nuclear fuel or high-level radioactive waste is prohibited; and
added “(2) no funds shall be obligated for any activity relating to the subseabed or ocean water disposal of spent nuclear fuel or high-level radioactive waste.”
added
Repeal— Section 224 of the Nuclear Waste Policy Act of 1982, and the item relating thereto in the table of contents for such Act, are repealed.
Sec. 607 Sense of Congress regarding storage of nuclear waste near the Great Lakes
addedadded It is the Sense of Congress that the Governments of the United States and Canada should not allow permanent or long-term storage of spent nuclear fuel or other radioactive waste near the Great Lakes.