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HR 3809 - 97

Nuclear Waste Policy Act of 1982

Became Public Law No: 97-425.

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Nuclear Waste Policy Act of 1982 Became Public Law No: 97-425. Environmental Protection

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Summary

19 Reported to House amended, Part II May 16, 2007

(Reported to House from the Committee on Armed Services with amendment, H. Rept. 97-491 (Part II)) Nuclear Waste Policy Act of 1982 - Provides that this Act shall not apply with respect to atomic energy defense activities or facilities connected with such activities. Provides that this Act shall not require the release of classified national security information. Requires the Secretary of Energy to notify a State in which, or an Indian tribe on whose reservation, a repository for the disposal of high-level radioactive waste or spent nuclear fuel from atomic energy defense activities is proposed to be located. Entitles the State or Indian tribe involved to rights of participation and consultation with respect to the proposed repository. Title I: High-Level Radioactive Waste and Spent Nuclear Fuel-Subtitle A: Repositories for Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel - Directs the Secretary of Energy to issue guidelines for the recommendation of sites for repositories for the permanent disposal of high- level radioactive waste and spent nuclear fuel. Requires the Secretary to give priority to sites in media which retards aqueous transport of radionuclides. Disqualifies a site from repository development if the site is in an area having a population and a population density above a certain level. Requires the Secretary to recommend to the President, within one year after enactment of this Act, at least three sites, in not less than three different geologic media, suitable for site characterization activities to determine their suitability for repositories. Requires the recommendation of at least two additional sites by February 1, 1985. Directs the Secretary to: (1) notify any State in which a site is located or the Indian tribe on whose reservation a site is located of such recommendation; and (2) hold public hearings in the vicinity of a site before it is recommended for site characterization. Requires the President to: (1) review each site recommendation; (2) either approve or disapprove the recommendation within 60 days; and (3) transmit such decision to the Secretary and the appropriate State or Indian tribe. Provides that Presidential failure to approve or disapprove a site or to invoke authority to delay the determination shall be considered an approval. Requires the Secretary to notify the appropriate State or Indian tribe of any Presidential actions. Requires that, prior to the commencement of site characterization activities, the Secretary shall submit to the Nuclear Regulatory Commission (NRC) and the appropriate State or Indian tribe for review: (1) an environmental assessment of the nonradiological impact of such activities; (2) a site characterization plan; (3) site specific criteria to be used to determine the suitability of the site for a repository; (4) a description of the form or packaging for the high-level waste and spent fuel to be emplaced in the repository; and (5) a site specific conceptual repository design. Requires the Secretary to make available to the public, and hold public hearings on, the environmental assessment and site characterization plan before starting site characterization activities. Provides for continuing reports to the NRC and the appropriate State or Indian tribe on site characterization activities. Sets forth restrictions on the use of radioactive materials during such activities. Requires the Secretary to hold public hearings in the vicinity of each site under consideration as a repository site. Requires the Secretary to notify the appropriate State or Indian tribe of any decision to recommend site approval to the President after completion of the hearings and site characterization activities. Authorizes the Secretary to submit a recommendation for site approval and a site report to the President no sooner than 30 days after such notification. Directs the President, by March 30, 1987, to recommend to Congress a site qualified for an initial repository. Requires recommendation of another site for an initial repository if the appropriate State or Indian tribe disapproves the President's first recommendation. Authorizes the President to submit subsequent site recommendations. Directs the Secretary to submit a construction license application to the NRC and the appropriate State or Indian tribe if the President's site recommendation becomes effective. Requires the NRC to submit to Congress a status report on such application within one year of its submission by the Secretary. Requires final NRC approval or disapproval of such application within a specified time. Requires the Secretary and affected Federal agencies to cooperate in establishing a project decision schedule for the development of a repository. Requires a Federal agency to report to the Secretary and Congress on any failure to meet a deadline in the project decision schedule. Requires that any site recommendation made by the Secretary to the President be accompanied by a final environmental impact statement. Makes a site designation effective 60 days after the President recommends such site to Congress unless the affected State or Indian tribe submits to Congress a notice of disapproval. Provides that if a notice of disapproval is submitted, such site shall be disapproved unless Congress passes a resolution approving such site. Grants the Governor and the legislature of each State authority to submit jointly a notice of disapproval with respect to a site recommendation to Congress. Makes such authority inapplicable with respect to any site located on a reservation. Directs the Secretary to make grants to each State in which a repository site has been approved in order to cover up to 75 percent of the State's costs in participating in the review of site characterization activities. Requires each State receiving such a grant to use not less than $100,000 annually to provide information regarding such activities to the public. Requires the Secretary to provide financial and technical impact assistance to any State where construction of a repository has been approved by the NRC. Requires any State desiring such assistance to submit to the Secretary, before the Secretary recommends the site, a report on the impacts likely to result from repository development. Directs the Secretary to submit a State's request for impact assistance together with the State's impact report and an estimate of the total cost of the impact assistance plan for such State to the President and Congress. Requires the provision of such assistance as soon as practicable after the NRC authorizes repository construction and after judicial review of any action to prohibit such construction. Requires the Secretary to grant to each State in which a site is approved payments in lieu of taxes which would be paid if the development and operation of the repository were taxed like other industrial activities in the State. Sets forth termination dates for payments made under this Act. Provides that whenever the Secretary is required to notify or consult with an Indian tribe on whose reservation a site is located, the Secretary must notify and consult with the State in which the reservation is located. Requires the Secretary to consult and negotiate agreements with States and Indian tribes to: (1) provide them with information on the establishment of the repository; and (2) resolve State and tribal concerns regarding the public health and safety, environmental, and economic impacts of any repository. Provides for Indian tribes the same rights and assistance provided for States when an approved repository site is located on an Indian reservation, except that grants made for review of site characterization activities must cover 100 percent of the tribe's costs. Provides for judicial review of agency actions relating to repository site designation and repository construction and operation pursuant to this Act. Requires Federal officers or agencies to issue or grant a certificate, right-of-way, permit, lease, or other authorization related to the characterization, construction, or initial operation of any recommended site at the earliest practicable date. Requires the promulgation of: (1) Environmental Protection Agency (EPA) standards for the protection of the general environment from radioactive material in repositories; and (2) NRC criteria for reviewing applications for repository construction authorizations, licenses to receive and possess spent nuclear fuel and high-level radioactive waste in repositories, and authorizations for closure and decommissioning of repositories. Requires any repository for the disposal of high-level waste and spent fuel to be designed and constructed so that the spent fuel may be retrieved. Directs the Secretary to maintain records of all Federal expenditures made in connection with the management and disposal of high-level waste and spent fuel. Authorizes the Secretary to contract with persons who generate or hold title to high-level waste and spent fuel for the disposal of such waste and spent fuel. Requires the Secretary to submit a report to Congress establishing annual payment charges for such contracts. Requires persons desiring to dispose of high-level waste and spent fuel in a repository developed under this Act, but not entering into disposal contracts, to pay a ratable portion of the disposal costs. Prohibits the NRC from issuing or renewing licenses of owners or generators of high-level waste or spent fuel pursuant to the Atomic Energy Act of 1954 unless such persons enter into disposal contracts. Prohibits the disposal of high-level waste and spent fuel in repositories constructed under this Act, unless the owners or generators of the waste and spent fuel enter into disposal contracts by June 30, 1983, or the date on which such waste or spent fuel is generated or acquired, whichever occurs later. Requires Federal agencies to pay for the use of a repository constructed under this Act prior to the Secretary's disposing of their high-level waste or spent fuel. Establishes the Nuclear Waste Trust Fund in the Treasury. Limits the Secretary's use of such fund to: (1) the costs of Federal activities related to the development of licensed repositories for high-level waste and spent fuel; (2) the costs of the treatment or packaging of such waste and spent fuel before disposal; and (3) assistance payments to States and Indian tribes. Authorizes the Secretary to use the fund to construct at least one repository. Prohibits the use of the fund for the construction or expansion of any other facility without express authorization in this Act or in subsequent legislation. Sets forth procedures and requirements for the administration of the fund. Provides that the Secretary's acceptance of any high-level waste or spent fuel delivered to a repository constructed under this Act shall constitute a transfer to the Secretary of title to the waste or spent fuel. Subtitle B: Interim Storage Program - Requires the Secretary, the NRC, and other Federal officials to expedite the use of available spent nuclear fuel storage at civilian nuclear reactor sites consistent with public health and safety, environmental, economic, and legal considerations. Requires the Secretary to establish a commercialization program to assist private sector development of alternate technologies for spent nuclear fuel storage at civilian nuclear reactor sites, with the objective of establishing technologies that can be licensed by the NRC on a generic basis without the need for site-specific approval. Directs the NRC to develop standards for generic licensing of such technologies for use at all civilian nuclear reactor sites. Limits the issues which the NRC may consider in determinations with respect to the licensing of spent nuclear fuel facility expansions or construction or transshipments of spent nuclear fuel to or from a nuclear reactor. Authorizes the Secretary to provide not more than 1,700 metric tons of storage capacity for spent nuclear fuel from civilian nuclear reactors at Federal facilities, at sites for which the NRC has approved construction under this Act, and at civilian nuclear reactor sites. Authorizes the Secretary to contract with generators or owners of spent nuclear fuel to provide storage capacity if such persons cannot provide adequate storage capacity on their own and if they are diligently pursuing alternatives to the use of Federal storage capacity. Permits the Secretary to provide up to 100 metric tons of additional storage capacity for any foreign spent nuclear fuel the United States is required to accept pursuant to international arrangements relating to the nonproliferation of nuclear weapons. Prohibits the Secretary from acquiring as additional storage capacity any commercial spent fuel reprocessing facility. Requires the removal of spent nuclear fuel from interim storage facilities provided by the Secretary as soon as practicable following the date a repository developed under this Act becomes available. Requires the Secretary to report annually to Congress on storage capacity provision pursuant to this Act. Directs the Secretary to submit to Congress a proposal for the construction of monitored retrievable storage facilities for high-level radioactive waste and spent nuclear fuel. Requires concurrent submission of an environmental assessment with respect to such proposal. Makes any such facility authorized to be constructed by Congress subject to the requirements of the National Environmental Policy Act of 1969 and to licensing under the Energy Reorganization Act of 1974. Provides for annual impact aid payments to local governments to mitigate the social and economic impacts when such facilities are authorized by Congress. Requires the Secretary to make available Federal storage facilities for transuranic waste from decommissioning and decontamination of civilian nuclear facilities and from civilian fuel research and development programs. Requires generators or owners of such waste to agree to remove the waste when a repository becomes available. Terminates this program whenever a repository becomes available or six years after the NRC issues final regulations for the licensing of facilities primarily for transuranic waste storage, whichever occurs sooner. Requires the Administrator of the EPA and the NRC to issue final regulations for transuranic waste disposal within two years after enactment of this Act. Prohibits the Secretary from accepting title to any spent nuclear fuel, high-level radioactive waste, or transuranic waste in providing interim storage for such material. Requires the Secretary to maintain records of all Federal expenditures made in connection with the interim storage program. Authorizes the Secretary to enter into contracts during the one-year period after enactment of this Act with persons who generate or hold title to transuranic waste or spent nuclear fuel to provide interim storage services. Requires the Secretary to compute: (1) the total storage capacity needed as a result of such contracts; and (2) the estimated requirements for the storage of foreign spent nuclear fuel. Directs the Secretary to submit a report to Congress establishing annual payment charges for such contracts. Requires Federal agencies to pay the Secretary for interim storage of their spent nuclear fuel and transuranic waste. Establishes in the Treasury the Interim Storage Trust Fund to cover the costs of the interim storage program. Sets forth procedures and requirements for the administration of the fund. Title II: Other Provisions Relating to Radioactive Waste Subtitle A: Alternative Means of Financing - Requires the Secretary to study and report to Congress on alternative approaches to management of all civilian radioactive waste management facilities. Subtitle B: Low-Level Radioactive Waste - Directs the NRC to establish standards and instructions to ensure that licensees provide adequate financial arrangements to meet NRC requirements with respect to the decontamination, decommissioning, site closure, and long-term maintenance or monitoring of low-level radioactive waste disposal sites. Authorizes the Secretary to assume title and custody of low-level radioactive waste and its disposal sites following termination of the licenses for such sites only if: (1) site closure, decommissioning, and decontamination requirements have been met; (2) custody and title will be transferred to the Government without cost; and (3) Federal ownership and management of the sites are necessary to protect the public health and safety and the environment. Requires the Secretary to maintain such sites so as to protect the public health and safety and the environment. Authorizes the Secretary to assume title and custody of any site contaminated by low-level radioactive waste generated by the Atomic Energy Commission or the Manhattan Engineering District if removal of such waste from the site is not practicable. Requires the NRC to establish standards and instructions to ensure that owners of such sites provide adequate financial arrangements to meet NRC requirements with respect to the decontamination, stabilization, and long-term maintenance and monitoring of such sites. Authorizes the Secretary to assume title and custody of such a site only if: (1) decontamination and stabilization requirements have been met; (2) the owner is in compliance with financial requirements; (3) the site cannot be released for unrestricted use; and (4) title and custody will be transferred to the Government without cost. Requires the Secretary to maintain such a site so as to protect the public health and safety and the environment. Subtitle C: Office of Civilian Radioactive Waste Management - Establishes an Office of Civilian Radioactive Waste Management in the Department of Energy. Makes the Director of the Office responsible for carrying out the waste management activities under this Act, subject to the supervision of the Secretary. Requires the Director to report to Congress annually on the activities and expenditures of the Office. Requires the Comptroller General to make an annual audit of the Office and report such audit annually to Congress.

18 Reported to House amended, Part I May 1, 2004

(Reported to House from the Committee on Interior and Insular Affairs with amendment, H. Rept. 97-491 (Part I)) Nuclear Waste Policy Act of 1982 - Title I: High-Level Radioactive Waste and Spent Nuclear Fuel-Subtitle A: Repositories for Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel - Directs the Secretary of Energy to issue guidelines for the recommendation of sites for repositories for the permanent disposal of high- level radioactive waste and spent nuclear fuel. Requires the Secretary to give priority to sites in media which retards aqueous transport of radionuclides. Disqualifies a site from repository development if the site is in an area having a population and a population density above a certain level. Requires the Secretary to recommend to the President, within one year after enactment of this Act, at least three sites, in not less than three different geologic media, suitable for site characterization activities to determine their suitability for repositories. Requires the recommendation of at least two additional sites by February 1, 1985. Directs the Secretary to: (1) notify any State in which a site is located or the Indian tribe on whose reservation a site is located of such recommendation; and (2) hold public hearings in the vicinity of a site before it is recommended for site characterization. Requires the President to: (1) review each site recommendation; (2) either approve or disapprove the recommendation within 60 days; and (3) transmit such decision to the Secretary and the appropriate State or Indian tribe. Provides that Presidential failure to approve or disapprove a site or to invoke authority to delay the determination shall be considered an approval. Requires the Secretary to notify the appropriate State or Indian tribe of any Presidential actions. Requires that, prior to the commencement of site characterization activities, the Secretary shall submit to the Nuclear Regulatory Commission (NRC) and the appropriate State or Indian tribe for review: (1) an environmental assessment of the nonradiological impact of such activities; (2) a site characterization plan; (3) site specific criteria to be used to determine the suitability of the site for a repository; (4) a description of the form or packaging for the high-level waste and spent fuel to be emplaced in the repository; and (5) a site specific conceptual repository design. Requires the Secretary to make available to the public, and hold public hearings on, the environmental assessment and site characterization plan before starting site characterization activities. Provides for continuing reports to the NRC and the appropriate State or Indian tribe on site characterization activities. Sets forth restrictions on the use of radioactive materials during such activities. Requires the Secretary to hold public hearings in the vicinity of each site under consideration as a repository site. Requires the Secretary to notify the appropriate State or Indian tribe of any decision to recommend site approval to the President after completion of the hearings and site characterization activities. Authorizes the Secretary to submit a recommendation for site approval and a site report to the President no sooner than 30 days after such notification. Directs the President, by March 30, 1987, to recommend to Congress a site qualified for an initial repository. Requires recommendation of another site for an initial repository if the appropriate State or Indian tribe disapproves the President's first recommendation. Authorizes the President to submit subsequent site recommendations. Directs the Secretary to submit a construction license application to the NRC and the appropriate State or Indian tribe if the President's site recommendation becomes effective. Requires the NRC to submit to Congress a status report on such application within one year of its submission by the Secretary. Requires final NRC approval or disapproval of such application within a specified time. Requires the Secretary and affected Federal agencies to cooperate in establishing a project decision schedule for the development of a repository. Requires a Federal agency to report to the Secretary and Congress on any failure to meet a deadline in the project decision schedule. Requires that any site recommendation made by the Secretary to the President be accompanied by a final environmental impact statement. Makes a site designation effective 60 days after the President recommends such site to Congress unless the affected State or Indian tribe submits to Congress a notice of disapproval. Provides that if a notice of disapproval is submitted, such site shall be disapproved unless Congress passes a resolution approving such site. Grants the Governor and the legislature of each State authority to submit jointly a notice of disapproval with respect to a site recommendation to Congress. Makes such authority inapplicable with respect to any site located on a reservation. Directs the Secretary to make grants to each State in which a repository site has been approved in order to cover up to 75 percent of the State's costs in participating in the review of site characterization activities. Requires each State receiving such a grant to use not less than $100,000 annually to provide information regarding such activities to the public. Requires the Secretary to provide financial and technical impact assistance to any State where construction of a repository has been approved by the NRC. Requires any State desiring such assistance to submit to the Secretary, before the Secretary recommends the site, a report on the impacts likely to result from repository development. Directs the Secretary to submit a State's request for impact assistance together with the State's impact report and an estimate of the total cost of the impact assistance plan for such State to the President and Congress. Requires the provision of such assistance as soon as practicable after the NRC authorizes repository construction and after judicial review of any action to prohibit such construction. Requires the Secretary to grant to each State in which a site is approved payments in lieu of taxes which would be paid if the development and operation of the repository were taxed like other industrial activities in the State. Sets forth termination dates for payments made under this Act. Provides that whenever the Secretary is required to notify or consult with an Indian tribe on whose reservation a site is located, the Secretary must notify and consult with the State in which the reservation is located. Requires the Secretary to consult and negotiate agreements with States and Indian tribes to: (1) provide them with information on the establishment of the repository; and (2) resolve State and tribal concerns regarding the public health and safety, environmental, and economic impacts of any repository. Provides for Indian tribes the same rights and assistance provided for States when an approved repository site is located on an Indian reservation, except that grants made for review of site characterization activities must cover 100 percent of the tribe's costs. Provides for judicial review of agency actions relating to repository site designation and repository construction and operation pursuant to this Act. Requires Federal officers or agencies to issue or grant a certificate, right-of-way, permit, lease, or other authorization related to the characterization, construction, or initial operation of any recommended site at the earliest practicable date. Requires the promulgation of: (1) Environmental Protection Agency (EPA) standards for the protection of the general environment from radioactive material in repositories; and (2) NRC criteria for reviewing applications for repository construction authorizations, licenses to receive and possess spent nuclear fuel and high-level radioactive waste in repositories, and authorizations for closure and decommissioning of repositories. Requires any repository for the disposal of high-level waste and spent fuel to be designed and constructed so that the spent fuel may be retrieved. Directs the Secretary to maintain records of all Federal expenditures made in connection with the management and disposal of high-level waste and spent fuel. Authorizes the Secretary to contract with persons who generate or hold title to high-level waste and spent fuel for the disposal of such waste and spent fuel. Requires the Secretary to submit a report to Congress establishing annual payment charges for such contracts. Requires persons desiring to dispose of high-level waste and spent fuel in a repository developed under this Act, but not entering into disposal contracts, to pay a ratable portion of the disposal costs. Prohibits the NRC from issuing or renewing licenses of owners or generators of high-level waste or spent fuel pursuant to the Atomic Energy Act of 1954 unless such persons enter into disposal contracts. Prohibits the disposal of high-level waste and spent fuel in repositories constructed under this Act, unless the owners or generators of the waste and spent fuel enter into disposal contracts by June 30, 1983, or the date on which such waste or spent fuel is generated or acquired, whichever occurs later. Requires Federal agencies to pay for the use of a repository constructed under this Act prior to the Secretary's disposing of their high-level waste or spent fuel. Establishes the Nuclear Waste Trust Fund in the Treasury. Limits the Secretary's use of such fund to: (1) the costs of Federal activities related to the development of licensed repositories for high-level waste and spent fuel; (2) the costs of the treatment or packaging of such waste and spent fuel before disposal; and (3) assistance payments to States and Indian tribes. Authorizes the Secretary to use the fund to construct at least one repository. Prohibits the use of the fund for the construction or expansion of any other facility without express authorization in this Act or in subsequent legislation. Sets forth procedures and requirements for the administration of the fund. Provides that the Secretary's acceptance of any high-level waste or spent fuel delivered to a repository constructed under this Act shall constitute a transfer to the Secretary of title to the waste or spent fuel. Subtitle B: Interim Storage Program - Requires the Secretary, the NRC, and other Federal officials to expedite the use of available spent nuclear fuel storage at civilian nuclear reactor sites consistent with public health and safety, environmental, economic, and legal considerations. Requires the Secretary to establish a commercialization program to assist private sector development of alternate technologies for spent nuclear fuel storage at civilian nuclear reactor sites, with the objective of establishing technologies that can be licensed by the NRC on a generic basis without the need for site-specific approval. Directs the NRC to develop standards for generic licensing of such technologies for use at all civilian nuclear reactor sites. Limits the issues which the NRC may consider in determinations with respect to the licensing of spent nuclear fuel facility expansions or construction or transshipments of spent nuclear fuel to or from a nuclear reactor. Authorizes the Secretary to provide not more than 1,700 metric tons of storage capacity for spent nuclear fuel from civilian nuclear reactors at Federal facilities, at sites for which the NRC has approved construction under this Act, and at civilian nuclear reactor sites. Authorizes the Secretary to contract with generators or owners of spent nuclear fuel to provide storage capacity if such persons cannot provide adequate storage capacity on their own and if they are diligently pursuing alternatives to the use of Federal storage capacity. Permits the Secretary to provide up to 100 metric tons of additional storage capacity for any foreign spent nuclear fuel the United States is required to accept pursuant to international arrangements relating to the nonproliferation of nuclear weapons. Prohibits the Secretary from acquiring as additional storage capacity any commercial spent fuel reprocessing facility. Requires the removal of spent nuclear fuel from interim storage facilities provided by the Secretary as soon as practicable following the date a repository developed under this Act becomes available. Requires the Secretary to report annually to Congress on storage capacity provision pursuant to this Act. Directs the Secretary to submit to Congress a proposal for the construction of monitored retrievable storage facilities for high-level radioactive waste and spent nuclear fuel. Requires concurrent submission of an environmental assessment with respect to such proposal. Makes any such facility authorized to be constructed by Congress subject to the requirements of the National Environmental Policy Act of 1969 and to licensing under the Energy Reorganization Act of 1974. Provides for annual impact aid payments to local governments to mitigate the social and economic impacts when such facilities are authorized by Congress. Requires the Secretary to make available Federal storage facilities for transuranic waste from decommissioning and decontamination of civilian nuclear facilities and from civilian fuel research and development programs. Requires generators or owners of such waste to agree to remove the waste when a repository becomes available. Terminates this program whenever a repository becomes available or six years after the NRC issues final regulations for the licensing of facilities primarily for transuranic waste storage, whichever occurs sooner. Requires the Administrator of the EPA and the NRC to issue final regulations for transuranic waste disposal within two years after enactment of this Act. Prohibits the Secretary from accepting title to any spent nuclear fuel, high-level radioactive waste, or transuranic waste in providing interim storage for such material. Requires the Secretary to maintain records of all Federal expenditures made in connection with the interim storage program. Authorizes the Secretary to enter into contracts during the one-year period after enactment of this Act with persons who generate or hold title to transuranic waste or spent nuclear fuel to provide interim storage services. Requires the Secretary to compute: (1) the total storage capacity needed as a result of such contracts; and (2) the estimated requirements for the storage of foreign spent nuclear fuel. Directs the Secretary to submit a report to Congress establishing annual payment charges for such contracts. Requires Federal agencies to pay the Secretary for interim storage of their spent nuclear fuel and transuranic waste. Establishes in the Treasury the Interim Storage Trust Fund to cover the costs of the interim storage program. Sets forth procedures and requirements for the administration of the fund. Title II: Other Provisions Relating to Radioactive Waste - Subtitle A: Use of Certain Material for Nuclear Explosive Purposes - Prohibits the transfer or use of special nuclear material for nuclear explosive purposes. Subtitle B: Alternative Means of Financing - Requires the Secretary to study and report to Congress on alternative approaches to management of all civilian radioactive waste management facilities. Subtitle C: Low-Level Radioactive Waste - Directs the NRC to establish standards and instructions to ensure that licensees provide adequate financial arrangements to meet NRC requirements with respect to the decontamination, decommissioning, site closure, and long-term maintenance or monitoring of low-level radioactive waste disposal sites. Authorizes the Secretary to assume title and custody of low-level radioactive waste and its disposal sites following termination of the licenses for such sites only if: (1) site closure, decommissioning, and decontamination requirements have been met; (2) custody and title will be transferred to the Government without cost; and (3) Federal ownership and management of the sites are necessary to protect the public health and safety and the environment. Requires the Secretary to maintain such sites so as to protect the public health and safety and the environment. Authorizes the Secretary to assume title and custody of any site contaminated by low-level radioactive waste generated by the Atomic Energy Commission or the Manhattan Engineering District if removal of such waste from the site is not practicable. Requires the NRC to establish standards and instructions to ensure that owners of such sites provide adequate financial arrangements to meet NRC requirements with respect to the decontamination, stabilization, and long-term maintenance and monitoring of such sites. Authorizes the Secretary to assume title and custody of such a site only if: (1) decontamination and stabilization requirements have been met; (2) the owner is in compliance with financial requirements; (3) the site cannot be released for unrestricted use; and (4) title and custody will be transferred to the Government without cost. Requires the Secretary to maintain such a site so as to protect the public health and safety and the environment. Subtitle D: Office of Radioactive Waste Management - Establishes an Office of Radioactive Waste Management in the Department of Energy. Makes the Director of the Office responsible for carrying out the waste management activities under this Act, subject to the supervision of the Secretary. Requires the Director to report to Congress annually on the activities and expenditures of the Office. Requires the Comptroller General to make an annual audit of the Office and report such audit annually to Congress.

35 Passed Senate amended May 1, 2004

(Measure passed Senate, amended) Nuclear Waste Policy Act of 1982 - Provides that this Act shall not apply to atomic energy defense activities or to facilities connected with such activities. Requires that within two years after enactment of this Act the President shall evaluate the use of repositories to be developed under subtitle A of this Act for the disposal of high-level radioactive waste resulting from atomic energy defense activities and shall arrange for such use, unless the President finds that the development of a repository exclusively for waste from atomic energy defense activities is required. Subjects such a repository to licensing requirements and to Nuclear Regulatory Commission (NRC) requirements for the establishment of repositories. Provides that this Act shall apply to repositories not used exclusively for high-level radioactive waste or spent nuclear fuel from atomic energy defense activities, research and development activities of the Secretary of Energy, or both. Title I: Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste - Requires the Secretary to notify the State in which, or the Indian tribe on whose reservation, a repository for high-level radioactive waste or spent nuclear fuel from atomic energy defense activities or from research and development activities of the Secretary is proposed to be located. Entitles the State or Indian tribe involved to rights of participation and consultation with respect to the development of such a repository. Subtitle A: Repositories for Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel - Requires the Secretary, within 180 days after enactment of this Act, to issue general guidelines for the recommendation of repository sites. Sets forth the contents of such guidelines. Requires the Secretary, following the issuance of the guidelines and consultation with affected States, to nominate at least five sites which are suitable for site characterization for selection of a repository site for the permanent disposal of high-level radioactive waste and spent nuclear fuel. Requires the Secretary to recommend to the President by January 1, 1985, three of the nominated sites for characterization as candidate sites. Provides that by July 1, 1989, the Secretary shall nominate five more sites and recommend to the President three sites from the five which are suitable for a second repository site. Requires that each candidate site nomination be accompanied by an environmental assessment and a basis for the recommendation. Directs the Secretary to notify the Governor of the State in which a site is located or the Indian tribe on whose reservation a site is located. Requires the Secretary to hold public hearings to inform the residents of the area in which a site is located of the proposed nomination of such site and to receive their comments before nominating any site. Requires the Secretary to use available scientific information to evaluate any nominated sites. Prohibits new preliminary borings or excavations at any such site unless the Secretary certifies that information available from other sources is inadequate to satisfy the requirements of this Act. Requires the President to: (1) review each candidate site recommendation; (2) either approve or disapprove the recommendation within 60 days; and (3) transmit such decision to the Secretary and to the appropriate Governor or Indian tribe. Provides that the President's failure to approve or disapprove a candidate site within the 60-day period or to invoke authority to delay the determination shall be considered an approval. Provides that this Act shall not prohibit the Secretary from continuing ongoing or presently planned site characterization at Department of Energy sites for which the location of the principal borehole was approved by August 1, 1982, provided that an environmental assessment is prepared and made available to the public before shafts are sunken at any such site. Prohibits the continuation of site characterization at any such site unless such site is recommended as a candidate site and approved by the President. Requires the Secretary to carry out site characterization activities at each candidate site approved by the President. Requires the Secretary to submit to the NRC and to either the State in which a candidate site is located or the Indian tribe on whose reservation such a site is located for review, before beginning site characterization activities: (1) a general plan for site characterization activities; (2) a description of the possible packaging for the high-level radioactive waste and spent nuclear fuel to be emplaced in the repository; and (3) a conceptual repository design that takes into account likely site-specific requirements. Directs the Secretary to make the required site characterization plan available to the public and to hold public hearings on it. Provides for the Secretary to report periodically to the NRC and to the appropriate State or Indian tribe during the conduct of the site characterization activities. Restricts the Secretary's use of radioactive materials during site characterization activities. Requires the Secretary to notify the appropriate State or Indian tribe of a decision to recommend approval of a candidate site upon completion of the public hearings and of the site characterization activities. Authorizes the Secretary to submit such recommendation to the President 30 days or more after such notification. Sets forth procedural requirements with respect to such recommendation. Directs the President to recommend to Congress one repository site by March 31, 1987, and a second repository site by March 31, 1990. Permits a 12-month extension of the deadlines for such recommendations if, before March 31, 1986, for the first site and March 31, 1989, for the second site, the President: (1) decides it is necessary; and (2) sends a report to Congress stating the reasons for the extension. Requires recommendation of another site for a repository if Congress disapproves the President's first recommendation. Directs the Secretary to submit a construction license application for a repository to the NRC and to the appropriate State or Indian tribe if the President's site recommendation becomes effective. Requires the NRC to submit to Congress a status report on such application within one year after its submission by the Secretary and annually thereafter until the construction authorization is granted. Requires the NRC to issue a final decision on the first such application by January 1, 1989, and on the second such application by January 1, 1992, or three years after an application is submitted (plus any authorized extension under this Act), whichever occurs later. Requires that the NRC approval of the first such application limit the amount of spent fuel containing over 70,000 metric tons of heavy metal and the amount of solidified high-level radioactive waste which may be emplaced in the first repository and in any monitored retrievable storage facility located within 50 miles of the first repository until such time as a second repository is in operation. Directs the Secretary to prepare and update a project decision schedule showing the optimum way to attain the operation of the repository within the time periods specified in this subtitle. Sets forth procedural requirements for Federal agencies which cannot, or fail to, comply with deadlines in the project decision schedule. Requires that a final environmental impact statement accompany any recommendation by the Secretary for site approval by the President. Requires that the environmental impact statement be adopted by the NRC in connection with the issuance of the construction authorization and license for such repository. Makes a site designation effective 60 days after the President recommends such site to Congress, unless the affected Governor or Indian tribe submits to Congress a notice of disapproval of the site designation. Provides that if a notice of disapproval is submitted, a site designation shall not be effective unless Congress passes a resolution of repository siting approval. Authorizes the affected Governor or Indian tribe to submit to Congress a notice of disapproval within 60 days after the President submits a site recommendation to Congress. Requires the Secretary to identify those States with one or more potentially acceptable repository sites and to notify the States and any affected Indian tribe within a specified time about such sites. Directs the Secretary to make grants to each State in which a candidate site for a repository is approved under this Act and to each Indian tribe on whose reservation such a site is approved under this Act, to enable such States and Indian tribes to: (1) determine the potential economic, social, public health and safety, and environmental impacts of the repository; (2) develop a request for impact assistance; (3) monitor, test, evaluate, or research the site characterization programs; (4) provide their residents with information on site characterization activities; and (5) request information from, and make recommendations to, the Secretary with respect to activities under this Act. Limits the grants to Indian tribes to 100 percent of the tribes' costs with respect to such activities. Requires the Secretary to provide financial and technical impact assistance, upon request, to any State in which, or to any Indian tribe on whose reservation, there is a site for which the NRC has authorized repository construction. Sets forth reporting requirements with which a State or Indian tribe seeking such assistance must comply. Requires the Secretary to make additional grants to States and local governments in areas where a repository site is approved and to Indian tribes on whose reservation a repository site is approved. Requires that such grants be equal to amounts the States, local governments, and Indian tribes would receive if they were authorized to tax site characterization activities and the development and operation of the repository. Provides for the payment of such grants each fiscal year until such activities, development, and operation are terminated at the site concerned. Sets forth time periods after which Federal grants and impact assistance to States and Indian tribes shall not be available. Provides that such Federal assistance shall be paid out of the Nuclear Waste Fund established by this Act. Requires the Secretary to notify the Governor of the State in which is located an Indian reservation on which a repository site is designated whenever the Secretary is required by this Act to notify or consult with the Indian tribe concerned. Requires that information with respect to the siting, establishment, and operation of a repository be provided upon written request to the appropriate State or Indian tribe. Directs the Secretary to consult and cooperate with the Governors of affected States and with affected Indian tribes to resolve State and tribal concerns regarding the public health and safety, environmental, and economic impacts of any repository. Requires the Secretary to enter into binding written agreements with affected States and Indian tribes under which such information shall be provided and such consultation and cooperation shall be carried out. Sets forth requirements with respect to judicial review of agency actions pursuant to this subtitle. Provides for expedited issuance (to the extent permitted by law) of Federal authorizations required under this subtitle with respect to site characterization of a site or the construction or initial operation of a repository. Exempts NRC authorizations from such requirements. Requires the promulgation of: (1) Environmental Protection Agency standards for the protection of the general environment from offsite releases from radioactive material in repositories; and (2) NRC technical requirements and criteria for reviewing applications for repository construction authorizations, repository operating licenses, and repository closure and decommissioning authorizations. Requires repositories constructed on sites approved under this Act to be designed to permit the retrieval of spent nuclear fuel placed in them. Provides that delivery, and acceptance by the Secretary, of high-level radioactive waste or spent nuclear fuel at a repository constructed under this Act shall constitute a transfer of title to the waste or spent fuel. Requires the Secretary to give full consideration to the effect of any acquisition of water rights required by the establishment of a repository. Terminates the authority under this subtitle wih respect to judicial review and expedited authorizations at the time a repository developed under this subtitle is licensed to receive and possess high-level radioactive waste and spent nuclear fuel. Subtitle B: Interim Storage Program - Directs the Secretary, the NRC, and other Federal officials to encourage and expedite the effective use of available storage and necessary additional storage at civilian nuclear reactor sites. Requires the NRC to establish procedures for licensing technology approved by the NRC for use at civilian nuclear reactor sites. Sets forth the procedural rules which shall govern NRC hearings on applications for licenses or license amendments, filed after the enactment of this Act, to expand spent nuclear fuel storage capacity at civilian nuclear reactor sites. Directs the Secretary to provide up to 1900 metric tons of storage capacity for spent nuclear fuel from civilian nuclear reactors. Authorizes the Secretary to contract with an owner or generator of spent nuclear fuel to provide storage capacity for the spent fuel if: (1) adequate storage capacity cannot be provided at the nuclear reactor site where the spent fuel is being generated or at any other nuclear reactor site owned by such person; and (2) such person is pursuing licensed alternatives to Federal storage capacity. Provides that the provision of 300 or more metric tons of storage capacity at any one Federal site shall require the preparation of an environmental impact statement. Requires the Secretary to prepare and publish: (1) an environmental assessment of the probable impacts of the provision of less than 300 metric tons of storage capacity at a Federal site that requires the modification or expansion of any facility at the site; and (2) a discussion of the actions that can be undertaken to avoid such impacts. Makes such an assessment subject to judicial review. Requires the Secretary to notify any State in which is located a potentially acceptable site or facility for interim storage of spent fuel and any affected Indian tribe of any intended investigation of such site or facility. Directs the Secretary to keep the State and the affected Indian tribe informed with respect to such investigation. Requires the Secretary to notify the State and the affected Indian tribe at the time such site or facility is selected but before any site-specific work or alterations occur. Provides that the Secretary shall negotiate with the State and the affected Indian tribe to establish a cooperative agreement under which the State and the tribe shall have the right to participate in a process of consultation and cooperation in all stages of the planning, establishment, operation, and closure of storage capacity at such site or facility. Requires the Secretary to notify the appropriate State or Indian tribe if 300 or more metric tons of storage capacity are to be provided at any Federal site. Authorizes the State or Indian tribe to submit to Congress a notice of disapproval, with respect to the provision of such storage capacity, within 60 days after being notified by the Secretary. Provides that if such a notice of disapproval is submitted to Congress, the proposed provision of 300 or more metric tons of storage capacity at the site involved shall be disapproved unless Congress passes a resolution approving it. Requires the removal of spent nuclear fuel stored under the interim storage program as soon as practicable after a repository developed under this Act becomes available. Directs the Secretary to report annually to Congress on plans to provide storage capacity under this Act. Requires the NRC to establish procedures and criteria for determining the adequacy of spent nuclear fuel storage capacity available to owners or generators of spent nuclear fuel. Requires that interim storage contracts provide that the Government will: (1) take title at the civilian nuclear reactor sites to the spent fuel which cannot be stored onsite; (2) transport the spent fuel to a federally owned and operated interim away-from-reactor storage facility; and (3) store such fuel in the facility pending further processing, storage, and disposal. Requires the Secretary to submit to Congress a report establishing fees, calculated annually, for storage of spent nuclear fuel. Requires persons entering into storage contracts with the Secretary to pay a pro-rated portion of the storage costs involved. Prohibits the storage of spent nuclear fuel generated or owned by a Federal agency in storage capacity provided under this Act unless the agency transfers to the Secretary an amount equal to the fees required of any party to a storage contract. Establishes in the Treasury the Interim Storage Fund which shall consist of: (1) receipts from storage contracts; (2) appropriations made by Congress to the fund; and (3) any unexpended balances available on the enactment of this Act for functions or activities related to the interim storage of spent nuclear fuel. Authorizes the Secretary to use the fund to cover the costs of the interim storage program, including: (1) the development, licensing, operation, and decommissioning of interim storage facilities; (2) administrative costs; (3) design, operation, and construction costs of interim facilities; (4) the cost of transportation of spent nuclear fuel; and (5) annual impact assistance payments to State and local governments to mitigate social or economic impacts caused by the establishment and operation of an interim storage facility. Makes the transportation of spent nuclear fuel under this Act subject to licensing and regulation by the NRC and by the Secretary of Transportation. Requires the Secretary to use private industry to the fullest extent possible in each aspect of such transportation. Authorizes the use of direct Federal transportation services only if private industry is unable or unwilling to provide such transportation at reasonable cost. Subtitle C: Monitored Retrievable Storage - Requires the Secretary to submit to Congress a proposal for Federal construction of one or more monitored retrievable storage facilities for high-level radioactive waste and spent nuclear fuel. Requires that an environment assessment accompany such proposal. Subjects any facility authorized pursuant to this subtitle to licensing by the NRC. Limits the issues which the NRC may consider in reviewing the first licensing application filed by the Secretary. Directs the Secretary to make annual impact aid payments from the Interim Storage Fund to the appropriate local governments upon receipt of congressional authorization to construct such a facility. Prohibits the construction of a monitored retrievable storage facility in any State where a site is being considered for development as a repository or has been selected for repository construction. Makes the development of any monitored retrievable storage facility subject to the process of consultation with and participation of affected States and Indian tribes. Subtitle D: Low-Level Radioactive Waste - Requires the NRC to ensure that licensees providing for the disposal of low-level radioactive waste provide adequate financial arrangements to permit disposal site closure and reclamation of sites, structures, and equipment. Authorizes the Secretary to assume title and custody of low-level radioactive waste and the disposal site, upon the owner's request and after termination of the disposal license, if: (1) the NRC's requirements for site closure, decommissioning, and decontamination have been met by the licensee involved; (2) such title and custody will be transferred to the Secretary without cost to the Government; and (3) Federal ownership and management of the site will protect the public health and safety and the environment. Requires the Secretary to assume title and custody of: (1) low-level radioactive waste which is the result of a licensed activity to recover zirconium, hafnium, and rare earths from source material and; (2) its disposal site, upon the request of the owner of the site, after the site has been decontaminated and stabilized and after the owner has arranged for the long-term maintenance and monitoring of the site. Title II: Research, Development, and Demonstration Regarding Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel - Authorizes the Secretary, within six months after enactment of this Act, to issue general guidelines for the selection of a site for a test and evaluation facility. Authorizes the Secretary, within one year after enactment of this Act and following promulgation of such guidelines, to identify three or more sites, at least two of which shall be in different geologic media and at least one of which shall be in media other than salt. Provides that the Secretary shall give preference to sites in media that retard aqueous transport of radionuclides. Requires that all sites so identified be more than 15 statute miles from towns with populations of more than 1,000, unless sites contained high-level radioactive waste prior to identification. Requires that each site identification be supported by an environmental assessment. Directs the Secretary to notify the appropriate State or Indian tribe when a site has been identified. Permits the identification of other sites beyond the one-year period. Authorizes the Secretary to select a site for expanded siting research activities within 30 months after the Secretary has completed site identifications. Directs the Secretary to hold at least one public meeting in the vicinity of identified sites to discuss the activities to be conducted and receive residents' views within six months after site identifications are completed and before siting research activities are begun. Restricts the Secretary's use of radioactive materials during siting research activities. Authorizes the Secretary to take title to the high-level radioactive waste, spent nuclear fuel, and other radioactive material emplaced in a test and evaluation facility. Grants a State or Indian tribe notified of a test and evaluation facility site identification affecting it the right to participate in a process of consultation and cooperation from the time of such identification throughout the life of the facility. Authorizes the Secretary to enter into written agreements with such a State or Indian tribe to expedite the consultation and cooperation process. Requires Federal agency cooperation in the preparation of necessary reports and the mission plan required by this Act. Requires the Secretary to begin construction of a test and evaluation facility within 64 months of the enactment of this Act to carry out research and provide a demonstration of the technology for geologic disposal of high-level radioactive waste and spent nulcear fuel. Sets forth the design requirements for such facilities. Requires the Secretary to begin an in situ testing program at such facility within 88 months after enactment of this Act. Provides for the use of existing Department facilities for conducting generically applicable tests with respect to packaging, handling, and emplacement technology for solidified high-level radioactive waste and spent nuclear fuel from civilian nuclear activities. Requires the NRC to carry out a continuing review and analysis of the activities under this title to evaluate the public health and safety impacts of the test and evaluation facility. Directs the NRC to report to the President, the Secretary, and Congress on such activities. Requires the Secretary to prepare an environmental impact statement before conducting tests with radioactive materials at the test and evaluation facility. Requires the NRC to concur in the decontamination and decommissioning of the facility if it is not located at a repository site. Limits the in situ testing program if the facility is not located at a candidate or repository site. Sets forth the termination date for the facility. Requires the Secretary to remove radioactive material from the facility site as soon as the facility is found to be unsuitable for continued operations. Provides for the Secretary to establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear reactor sites. Directs the Secretary to undertake also a cooperative program with civilian nuclear reactors to encourage the development of technology for spent nuclear fuel rod consolidation in existing reactor water storage basins. Requires the Secretary to enter into cooperative agreements with the utilities involved to carry out such programs. Authorizes the establishment of a research and development program for the dry storage of up to 300 metric tons of spent nuclear fuel at Federal facilities. Requires the Secretary to provide spent nuclear fuel for such program from spent nuclear fuel received by the Secretary for storage under subtitle B of this Act. Limits the Federal contribution to the demonstration program to 25 percent of the total costs. Requires the remaining program costs to be covered by the utilities involved or by the Secretary from the Interim Storage Fund. Restricts the use of Department research, development, or demonstration facilities under this title without congressional authorization. Requires the Secretary to pay 100 percent of the costs incurred by a State or Indian tribe which engages in any activity pursuant to a consultation and cooperation agreement with respect to the test and evaluation facility. Requires a State receiving such payment to pay at least one-tenth of such amount to the local governments within the jurisdictional boundaries of which the site involved is located. Provides for the Secretary to report to Congress on the research and development activities necessary to develop the proposal for monitored retrievable storage facilities. Requires the Secretary to continue and accelerate a research and development program on alternative means and technologies for the permanent disposal of high-level radioactive waste from both civilian nuclear activities and Federal research and development activities. States that it shall be the policy of the United States to cooperate with and provide technical assistance to non-nuclear weapon states in the field of spent fuel storage and disposal. Requires the Secretary and the NRC to publish a joint notice in the Federal Register with respect to such policy. Requires that such notice be updated and reissued annually for five succeeding years. Provides that following publication of such notice, the Secretary of State shall inform the governments of non-nuclear weapon states and the organizations operating nuclear power plants in such states of the U.S. cooperation and technical assistance program and shall solicit their participation in such program. Requires the President to include in the budget presentations for the State Department and the NRC for FY 1984 through 1989 funding requests for an expanded cooperation and technical assistance program. Title III: Other Provisions Relating to Radioactive Waste - Requires the Secretary to prepare a mission plan which shall provide an informational basis for carrying out the repository program and the research, development, and demonstration program required under this Act. Requires that the mission plan include scientific, technical, and economic information with respect to repository siting and construction, the test and evaluation facility, and solidification and packaging of high-level radioactive waste spent nuclear fuel. Directs the Secretary to submit a draft mission plan to the States, Indian tribes, the NRC, and other appropriate Government agencies for their comments. Provides for the Secretary to submit the mission plan to the appropriate congressional committees after reviewing any comments received and revising the plan as necessary. Requires that the plan be used at the end of the 30-day period following Congress' receipt of the plan. Requires the Secretary to report to Congress annually on the progress made toward implementation of the plan. Authorizes the Secretary to enter into contracts with the owners or generators of high-level radioactive waste and spent nuclear fuel of domestic origin for the acceptance of title, transportation, and disposal of such waste and spent fuel. Specifies the fees which shall be paid under such contracts. Requires the Secretary to: (1) establish fee collection and payment procedures; and (2) annually review the amount of such fees to determine whether they will provide sufficient revenues to offset the costs of the radioactive waste disposal activities under titles I and III of this Act. Provides that any adjusted fee proposed by the Secretary pursuant to such review shall be transmitted to Congress and shall become effective 90 days after its receipt, unless either House of Congress adopts a resolution disapproving it. Prohibits the NRC from issuing or renewing a license for an individual to use a utilization or production facility unless such individual has entered into, or is negotiating with the Secretary for, a disposal contract. Prohibits the disposal of spent nuclear fuel or high-level radioactive waste by the Secretary in any repository constructed under this Act, unless the owner or generator of such spent fuel or waste has entered into a disposal contract by a specified date. Permits the assignment of the rights and duties of a party to a disposal contract with transfer of title to the spent nuclear fuel or high-level radioactive waste involved. Prohibits the disposal of any high-level radioactive waste or spent nuclear fuel generated or owned by a Federal agency in a repository constructed under this Act, unless the agency transfers to the Secretary for deposit in the Nuclear Waste Fund an amount equal to the fees required of any party to a disposal contract. Establishes in the Treasury a Nuclear Waste Fund which consists of: (1) receipts from disposal contracts; (2) appropriations made by Congress to the fund; and (3) any unexpended balances available on the enactment of this Act for functions or activities related to high-level radioactive waste and spent nuclear fuel disposal. Limits the use of such fund to radioactive waste disposal activities under titles I and III of this Act. Directs the Secretary to study, and report to Congress on, alternative approaches to managing the construction and operation of all civilian radioactive waste management facilities. Establishes within the Department of Energy an Office of Civilian Radioactive Waste Management to carry out the functions of the Secretary under this Act. Requires the Director of the Office to report annually to Congress on the activities and expenditures of the Office. Requires the Comptroller General to make an annual audit of the Office and report the results to Congress. Requires the Secretary to report to Congress on whether the test and evaluation facility will be located at a repository site. Requires that site selection and development of the facility be conducted according to the requirements of title I of this Act relating to repository site selection and development if the facility is to be located at a repository site. Prohibits the Secretary from commencing construction of any test and evaluation facility at such a site until the NRC has issued a repository construction authorization for the site involved and the site designation is effective. Prohibits the conversion of a test and evaluation facility into a repository, unless site selection and development of the facility complied with the requirements of title I of this Act relating to repository site selection and development. Requires the NRC to establish training and qualification requirements for civilian nuclear power plant operators, supervisors, technicians, and other operating personnel and to report to Congress on its actions with respect to this program.

36 Passed House amended May 1, 2004

(Measure passed House, amended) Nuclear Waste Policy Act of 1982 - Provides that this Act shall not apply to atomic energy defense activities or to facilities connected with such activities. Requires that within two years after enactment of this Act the President shall evaluate the use of repositories to be developed under subtitle A of this Act for the disposal of high-level radioactive waste resulting from atomic energy defense activities and shall arrange for such use, unless the President finds that the development of a repository exclusively for waste from atomic energy defense activities is required. Subjects such a repository to licensing requirements and to Nuclear Regulatory Commission (NRC) requirements for the establishment of repositories. Provides that this Act shall apply to repositories not used exclusively for high-level radioactive waste or spent nuclear fuel from atomic energy defense activities, research and development activities of the Secretary of Energy, or both. Title I: Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste - Requires the Secretary to notify the State in which, or the Indian tribe on whose reservation, a repository for high-level radioactive waste or spent nuclear fuel from atomic energy defense activities or from research and development activities of the Secretary is proposed to be located. Entitles the State or Indian tribe involved to rights of participation and consultation with respect to the development of such a repository. Subtitle A: Repositories for Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel - Requires the Secretary, within 180 days after enactment of this Act, to issue general guidelines for the recommendation of repository sites. Sets forth the contents of such guidelines. Requires the Secretary, following the issuance of the guidelines and consultation with affected States, to recommend to the President at least five candidate sites in at least two different geologic media which are suitable for site characterization for repositories for the permanent disposal of high-level radioactive waste and spent nuclear fuel. Requires the Secretary to recommend at least one additional candidate site by February 1, 1985. Requires that each candidate site recommendation be accompanied by an environmental assessment and a basis for the recommendation. Directs the Secretary to notify the Governor of the State in which a candidate site is located or the Indian tribe on whose reservation a candidate site is located. Requires the Secretary to hold public hearings to inform the residents of the area in which a candidate site is located of the proposed recommendation and to receive their comments before making such recommendation to the President. Requires the President to: (1) review each candidate site recommendation; (2) either approve or disapprove the recommendation within 60 days; and (3) transmit such decision to the Secretary and to the appropriate Governor or Indian tribe. Provides that the President's failure to approve or disapprove a candidate site within the 60-day period or to invoke authority to delay the determination shall be considered an approval. Provides that this Act shall not prohibit the Secretary from continuing ongoing or presently planned site characterization at Department of Energy sites for which the location of the principal borehole was approved by August 1, 1982, provided that an environmental assessment is prepared and made available to the public before shafts are sunken at any such site. Prohibits the continuation of site characterization at any such site unless such site is recommended as a candidate site and approved by the President. Requires the Secretary to carry out site characterization activities at each candidate site approved by the President. Requires the Secretary to submit to the NRC and to either the State in which a candidate site is located or the Indian tribe on whose reservation such a site is located for review, before beginning site characterization activities: (1) a general plan for site characterization activities; (2) a description of the possible packaging for the high-level radioactive waste and spent nuclear fuel to be emplaced in the repository; and (3) a conceptual repository design that takes into account likely site-specific requirements. Directs the Secretary to make the required site characterization plan available to the public and to hold public hearings on it. Provides for the Secretary to report periodically to the NRC and to the appropriate State or Indian tribe during the conduct of the site characterization activities. Restricts the Secretary's use of radioactive materials during site characterization activities. Requires the Secretary to notify the appropriate State or Indian tribe of a decision to recommend approval of a candidate site upon completion of the public hearings and of the site characterization activities. Authorizes the Secretary to submit such recommendation to the President 30 days or more after such notification. Sets forth procedural requirements with respect to such recommendation. Directs the President to recommend to Congress by March 31, 1987, a site qualified for repository construction. Permits a 12-month extension of the deadline for such recommendation if, before March 31, 1986, the President: (1) decides it is necessary; and (2) sends a report to Congress stating the reasons for the extension. Requires recommendation of another site for a repository if Congress disapproves the President's first recommendation. Directs the Secretary to submit a construction license application for a repository to the NRC and to the appropriate State or Indian tribe if the President's site recommendation becomes effective. Requires the NRC to submit to Congress a status report on such application within one year after its submission by the Secretary and annually thereafter until the construction authorization is granted. Requires that the NRC issue a final decision on such an application by January 1, 1989, or three years after an application is submitted (plus any authorized extension under this Act), whichever occurs later. Directs the Secretary to prepare and update a project decision schedule showing the optimum way to attain the operation of the repository within the time periods specified in this subtitle. Sets forth procedural requirements for Federal agencies which cannot, or fail to, comply with deadlines in the project decision schedule. Requires that a final environmental impact statement accompany any recommendation by the Secretary for site approval by the President. Requires that the environmental impact statement be adopted by the NRC in connection with the issuance of the construction authorization and license for such repository. Makes a site designation effective 60 days after the President recommends such site to Congress, unless the affected Governor or Indian tribe submits to Congress a notice of disapproval of the site designation. Provides that if a notice of disapproval is submitted, a site designation shall not be effective unless Congress passes a resolution of repository siting approval. Authorizes the affected Governor or Indian tribe to submit to Congress a notice of disapproval within 60 days after the President submits a site recommendation to Congress. Directs the Secretary to make grants to each State in which a candidate site for a repository is approved under this Act and to each Indian tribe on whose reservation such a site is approved under this Act, to enable such States and Indian tribes to: (1) determine the potential economic, social, public health and safety, and environmental impacts of the repository; (2) develop a request for impact assistance; (3) monitor, test, evaluate, or research the site characterization programs; (4) provide their residents with information on site characterization activities; and (5) request information from, and make recommendations to, the Secretary with respect to activities under this Act. Limits such grants to 90 percent of the costs incurred by a State and to 100 percent of the costs incurred by an Indian tribe with respect to such activities. Requires the Secretary to provide financial and technical impact assistance, upon request, to any State in which, or to any Indian tribe on whose reservation, there is a site for which the NRC has authorized repository construction. Sets forth reporting requirements with which a State or Indian tribe seeking such assistance must comply. Requires the Secretary to make additional grants to States and local governments in areas where a repository site is approved and to Indian tribes on whose reservation a repository site is approved. Requires that such grants be equal to amounts the States, local governments, and Indian tribes would receive if they were authorized to tax site characterization activities and the development and operation of the repository. Provides for the payment of such grants each fiscal year until such activities, development, and operation are terminated at the site concerned. Sets forth time periods after which Federal grants and impact assistance to States and Indian tribes shall not be available. Provides that such Federal assistance shall be paid out of the Nuclear Waste Fund established by this Act. Requires the Secretary to notify the Governor of the State in which is located an Indian reservation on which a repository site is designated whenever the Secretary is required by this Act to notify or consult with the Indian tribe concerned. Requires that information with respect to the siting, establishment, and operation of a repository be provided upon written request to the appropriate State or Indian tribe. Directs the Secretary to consult and cooperate with the Governors of affected States and with affected Indian tribes to resolve State and tribal concerns regarding the public health and safety, environmental, and economic impacts of any repository. Requires the Secretary to enter into binding written agreements with affected States and Indian tribes under which such information shall be provided and such consultation and cooperation shall be carried out. Sets forth requirements with respect to judicial review of agency actions pursuant to this subtitle. Provides for expedited issuance (to the extent permitted by law) of Federal authorizations required under this subtitle with respect to site characterization of a site or the construction or initial operation of a repository. Exempts NRC authorizations from such requirements. Requires the promulgation of: (1) Environmental Protection Agency standards for the protection of the general environment from offsite releases from radioactive material in repositories; and (2) NRC technical requirements and criteria for reviewing applications for repository construction authorizations, repository operating licenses, and repository closure and decommissioning authorizations. Requires repositories constructed on sites approved under this Act to be designed to permit the retrieval of spent nuclear fuel placed in them. Provides that delivery, and acceptance by the Secretary, of high-level radioactive waste or spent nuclear fuel at a repository constructed under this Act shall constitute a transfer of title to the waste or spent fuel. Requires the Secretary to give full consideration to the effect of any acquisition of water rights required by the establishment of a repository. Terminates the authority under this subtitle wih respect to judicial review and expedited authorizations at the time a repository developed under this subtitle is licensed to receive and possess high-level radioactive waste and spent nuclear fuel. Subtitle B: Interim Storage Program - Directs the Secretary, the NRC, and other Federal officials to encourage and expedite the effective use of available storage and necessary additional storage at civilian nuclear reactor sites. Requires the NRC to establish procedures for licensing technology approved by the NRC for use at civilian nuclear reactor sites. Sets forth the procedural rules which shall govern NRC hearings on applications for licenses or license amendments, filed after the enactment of this Act, to expand spent nuclear fuel storage capacity at civilian nuclear reactor sites. Directs the Secretary to provide up to 1900 metric tons of storage capacity for spent nuclear fuel from civilian nuclear reactors. Authorizes the Secretary to contract with an owner or generator of spent nuclear fuel to provide storage capacity for the spent fuel if: (1) adequate storage capacity cannot be provided at the nuclear reactor site where the spent fuel is being generated or at any other nuclear reactor site owned by such person; and (2) such person is pursuing licensed alternatives to Federal storage capacity. Authorizes the Secretary to provide up to 100 metric tons of storage capacity for foreign spent nuclear fuel that the United States is required to accept pursuant to international arrangements relating to the nonproliferation of nuclear weapons. Provides that the provision of 300 or more metric tons of storage capacity at any one Federal site shall require the preparation of an environmental impact statement. Requires the Secretary to prepare and publish: (1) an environmental assessment of the probable impacts of the provision of less than 300 metric tons of storage capacity at a Federal site that requires the modification or expansion of any facility at the site; and (2) a discussion of the actions that can be undertaken to avoid such impacts. Makes such an assessment subject to judicial review. Requires the Secretary to notify the appropriate State or Indian tribe if 300 or more metric tons of storage capacity are to be provided at any Federal site. Authorizes the State or Indian tribe to submit to Congress a notice of disapproval, with respect to the provision of such storage capacity, within 60 days after being notified by the Secretary. Provides that if such a notice of disapproval is submitted to Congress, the proposed provision of 300 or more metric tons of storage capacity at the site involved shall be disapproved unless Congress passes a resolution approving it. Requires the removal of spent nuclear fuel stored under the interim storage program as soon as practicable after a repository developed under this Act becomes available. Directs the Secretary to report annually to Congress on plans to provide storage capacity under this Act. Requires the NRC to establish procedures and criteria for determining the adequacy of spent nuclear fuel storage capacity available to owners or generators of spent nuclear fuel. Provides that the Secretary's acceptance of spent nuclear fuel or high-level radioactive waste shall not constitute a transfer of title to such fuel or waste. Requires the Secretary to submit to Congress a report establishing fees, calculated annually, for storage of spent nuclear fuel. Requires persons entering into storage contracts with the Secretary to pay a pro-rated portion of the storage costs involved. Prohibits the storage of spent nuclear fuel generated or owned by a Federal agency in storage capacity provided under this Act unless the agency transfers to the Secretary an amount equal to the fees required of any party to a storage contract. Establishes in the Treasury the Interim Storage Fund which shall consist of: (1) receipts from storage contracts; (2) appropriations made by Congress to the fund; and (3) any unexpended balances available on the enactment of this Act for functions or activities related to the interim storage of spent nuclear fuel. Authorizes the Secretary to use the fund to cover the costs of the interim storage program, including: (1) the development, licensing, operation, and decommissioning of interim storage facilities; (2) administrative costs; and (3) design, operation, and construction costs of interim facilities. Subtitle C: Monitored Retrievable Storage - Requires the Secretary to submit to Congress a proposal for Federal construction of one or more monitored retrievable storage facilities for high-level radioactive waste and spent nuclear fuel. Requires that an environment assessment accompany such proposal. Subjects any facility authorized pursuant to this subtitle to licensing by the NRC. Limits the issues which the NRC may consider in reviewing the first licensing application filed by the Secretary. Directs the Secretary to make annual impact aid payments from the Interim Storage Fund to the appropriate local governments upon receipt of congressional authorization to construct such a facility. Permits the development in any State of either a repository or a monitored retrievable storage facility, but not both. Prohibits the development of a monitored retrievable storage facility pursuant to this Act unless Congress authorizes construction and thereafter approves appropriations for the construction. Subtitle D: Low-Level Radioactive Waste - Requires the NRC to ensure that licensees providing for the disposal of low-level radioactive waste provide adequate financial arrangements to permit disposal site closure and reclamation of sites, structures, and equipment. Authorizes the Secretary to assume title and custody of low-level radioactive waste and the disposal site, upon the owner's request and after termination of the disposal license, if: (1) the NRC's requirements for site closure, decommissioning, and decontamination have been met by the licensee involved; (2) such title and custody will be transferred to the Secretary without cost to the Government; and (3) Federal ownership and management of the site will protect the public health and safety and the environment. Requires the Secretary to assume title and custody of: (1) low-level radioactive waste which is the result of a licensed activity to recover zirconium, hafnium, and rare earths from source material; and (2) its disposal site, upon the request of the owner of the site, after the site has been decontaminated and stabilized and after the owner has arranged for the long-term maintenance and monitoring of the site. Title II: Research, Development, and Demonstration Regarding Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel - Requires the Secretary, within six months after enactment of this Act to issue general guidelines for the selection of a site for a test and evaluation facility. Requires the Secretary, within one year after enactment of this Act and following promulgation of such guidelines, to identify three or more sites, at least two of which shall be in different geologic media and at least one of which shall be in media other than salt. Provides that the Secretary shall give preference to sites in media that retard aqueous transport of radionuclides. Requires that the guidelines issued with respect to population factors for repository sites be used for site selection under this title. Requires that each site identification be supported by an environmental assessment. Directs the Secretary to notify the appropriate State or Indian tribe when a site has been identified. Permits the identification of other sites beyond the one-year period. Requires the Secretary to select a site for expanded siting research activities within 30 months after the Secretary has completed sites identifications. Directs the Secretary to hold at least one public meeting in the vicinity of identified sites to discuss the activities to be conducted and receive residents' views within six months after site identifications are completed and before siting research activities are begun. Restricts the Secretary's use of radioactive materials during siting research activities. Authorizes the Secretary to take title to the high-level radioactive waste, spent nuclear fuel, and other radioactive material emplaced in a test and evaluation facility. Grants a State or Indian tribe notified of a test and evaluation facility site identification affecting it the right to participate in a process of consultation and cooperation from the time of such identification throughout the life of the facility. Authorizes the Secretary to enter into written agreements with such a State or Indian tribe to expedite the consultation and cooperation process. Requires Federal agency cooperation in the preparation of necessary reports and the mission plan required by this Act. Requires the Secretary to begin construction of a test and evaluation facility within 64 months of the enactment of this Act to carry out research and provide a demonstration of the technology for geologic disposal of high-level radioactive waste and spent nulcear fuel. Sets forth the design requirements for such facilities. Requires the Secretary to begin an in situ testing program at such facility within 88 months after enactment of this Act. Provides for the use of existing Department facilities for conducting generically applicable tests with respect to packaging, handling, and emplacement technology for solidified high-level radioactive waste and spent nuclear fuel from civilian nuclear activities. Requires the NRC to carry out a continuing review and analysis of the activities under this title to evaluate the public health and safety impacts of the test and evaluation facility. Directs the NRC to report to the President, the Secretary, and Congress on such activities. Requires the Secretary to prepare an environmental impact statement before conducting tests with radioactive materials at the test and evaluation facility. Requires the NRC to concur in the decontamination and decommissioning of the facility if it is not located at a repository site. Limits the in situ testing program if the facility is not located at a candidate or repository site. Sets forth the termination date for the facility. Requires the Secretary to remove radioactive material from the facility site as soon as the facility is found to be unsuitable for continued operations. Provides for the Secretary to establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear reactor sites. Directs the Secretary to undertake also a cooperative program with civilian nuclear reactors to encourage the development of technology for spent nuclear fuel rod consolidation in existing reactor water storage basins. Requires the Secretary to enter into cooperative agreements with the utilities involved to carry out such programs. Authorizes the establishment of a research and development program for the dry storage of up to 300 metric tons of spent nuclear fuel at Federal facilities. Requires the Secretary to provide spent nuclear fuel for such program from spent nuclear fuel received by the Secretary for storage under subtitle B of this Act. Limits the Federal contribution to the demonstration program to 25 percent of the total costs. Requires the remaining program costs to be covered by the utilities involved or by the Secretary from the Interim Storage Fund. Restricts the use of Department research, development, or demonstration facilities under this title without congressional authorization. Requires the Secretary to pay 75 percent of the costs incurred by a State or Indian tribe which engages in any activity pursuant to a consultation and cooperation agreement with respect to the test and evaluation facility. Requires a State receiving such payment to pay at least one-tenth of such amount to the local governments within the jurisdictional boundaries of which the site involved is located. Provides for the Secretary to report to Congress on the research and development activities necessary to develop the proposal for monitored retrievable storage facilities. Title III: Other Provisions Relating to Radioactive Waste - Requires the Secretary to prepare a mission plan which shall provide an informational basis for carrying out the repository program and the research, development, and demonstration program required under this Act. Requires that the mission plan include scientific, technical, and economic information with respect to repository siting and construction, the test and evaluation facility, and solidification and packaging of high-level radioactive waste spent nuclear fuel. Directs the Secretary to submit a draft mission plan to the States, Indian tribes, the NRC, and other appropriate Government agencies for their comments. Provides for the Secretary to submit the mission plan to the appropriate congressional committees after reviewing any comments received and revising the plan as necessary. Requires that the plan be used at the end of the 30-day period following Congress' receipt of the plan. Requires the Secretary to report to Congress annually on the progress made toward implementation of the plan. Authorizes the Secretary to enter into contracts for the disposal of high-level radioactive waste and spent nuclear fuel of domestic origin with owners or generators of such waste and spent fuel. Requires the Secretary to submit to Congress a report establishing payment charges per unit of such waste and spent fuel to be calculated annually. Provides that persons entering into disposal contracts with the Secretary and any other persons desiring to dispose of high-level radioactive waste and spent nuclear fuel in repositories developed under this Act shall pay a ratable portion of the disposal costs involved. Prohibits the NRC from issuing or renewing a license for an individual to use a utilization or production facility unless such individual has entered into, or is negotiating with the Secretary for, a disposal contract. Prohibits the disposal of spent nuclear fuel or high-level radioactive waste by the Secretary in any repository constructed under this Act, unless the owner or generator of such spent fuel or waste has entered into a disposal contract by a specified date. Permits the assignment of the rights and duties of a party to a disposal contract with transfer of title to the spent nuclear fuel or high-level radioactive waste involved. Prohibits the disposal of any high-level radioactive waste or spent nuclear fuel generated or owned by a Federal agency in a repository constructed under this Act, unless the agency transfers to the Secretary for deposit in the Nuclear Waste Fund an amount equal to the fees required of any party to a disposal contract. Establishes in the Treasury a Nuclear Waste Fund which consists of: (1) receipts from disposal contracts; (2) appropriations made by Congress to the fund; and (3) any unexpended balances available on the enactment of this Act for functions or activities related to high-level radioactive waste and spent nuclear fuel disposal. Limits the use of the fund to radioactive waste disposal activities under this subtitle. Directs the Secretary to study, and report to Congress on, alternative approaches to managing the construction and operation of all civilian radioactive waste management facilities. Requires the Secretary to make available Federal storage facilities for transuranic waste from decommissioning and decontamination of civilian nuclear facilities and from civilian fuel research and development programs. Authorizes the Secretary to take title to such waste upon receipt. Directs the Secretary to require generators and owners of transuranic waste to enter into contracts providing that they will pay an estimated pro rata share of the costs of disposal in a repository or other facility in addition to the storage fee. Requires the Secretary to remove the transuranic waste from the storage facilities as soon as practicable after a repository or other facility becomes available. Prohibits the Secretary from accepting title to transuranic waste or accepting additional transuranic waste for disposal two years or more after enactment of this Act. Prohibits the Secretary from providing storage for transuranic waste on the date on which a repository or other facility becomes available for transuranic waste disposal or six years after the NRC issues final regulations establishing criteria for the licensing of civilian transuranic waste disposal facilities, whichever date occurs first. Directs the Secretary to conduct a study and report to Congress on: (1) the amount of transuranic waste eligible for storage under this Act through December 31, 2000; (2) the amount of private storage capacity available for such waste; (3) the availability of Federal storage capacity for such waste; and (4) the Secretary's plan for disposal of the waste to which title is accepted by the Secretary. Requires the Administrator of the Environmental Protection Agency to issue standards and the NRC to issue final regulations establishing criteria for the licensing of civilian transuranic waste disposal facilities within two years after enactment of this Act. Establishes within the Department of Energy an Office of Civilian Radioactive Waste Management to carry out the functions of the Secretary under this Act. Requires the Director of the Office to report annually to Congress on the activities and expenditures of the Office. Requires the Comptroller General to make an annual audit of the Office and report the results to Congress. Requires the Secretary to report to Congress on whether the test and evaluation facility will be located at a repository site. Requires that site selection and development of the facility be conducted according to the requirements of title I of this Act relating to repository site selection and development if the facility is to be located at a repository site. Prohibits the Secretary from commencing construction of any test and evaluation facility at such a site until the NRC has issued a repository construction authorization for the site involved and the site designation is effective. Prohibits the conversion of a test and evaluation facility into a repository, unless site selection and development of the facility complied with the requirements of title I of this Act relating to repository site selection and development.

00 Introduced in House May 1, 2004

Atomic Energy Act Amendments of 1981 - Title I: Amendments Relating Primarily to Radioactive Waste - Directs the Secretary of Energy to issue guidelines for the recommendation of sites for repositories for the permanent disposal of transuranic waste, high-level radioactive waste, and spent nuclear fuel. Requires the Secretary to identify and to recommend to the President, by January 1, 1982, at least two sites suitable for site characterization activities to determine the suitability of such sites for repositories. Requires the identification and recommendation of at least two additional sites by February 1, 1985. Directs the Secretary to: (1) notify the State review board of any State in which a site is located or the Indian tribe on whose reservation a site is located of such recommendation; and (2) hold public hearings in the vicinity of a site before it is recommended for site characterization. Requires the President to: (1) review each site recommendation; (2) either approve or disapprove the recommendation within 60 days; and (3) transmit such decision to the Secretary and the appropriate State review board or Indian tribe. Provides that Presidential failure to approve or disapprove a site within the 60-day period or to invoke authority to delay the determination shall be considered an approval. Requires that, prior to the commencement of site characterization activities, the Secretary shall submit to the Nuclear Regulatory Commission (NRC) and the appropriate State review board or Indian tribe for review: (1) an environmental assessment of the nonradiological impact of such activities; (2) a site characterization plan; and (3) proposals for the form or packaging for the waste and spent fuel which would be emplaced in the repository. Directs the Secretary to conduct tests at sites where characterization activities are being conducted to provide the data needed for a construction authorization application for a repository and for compliance with the National Environmental Policy Act of 1969. Sets forth restrictions on the use of radioactive materials during site characterization activities. Requires the Secretary to hold public hearings in the vicinity of each site under consideration as a repository site. Authorizes the Secretary to submit a recommendation for site approval and a site report to the President after completion of site characterization activities and hearings. Directs the President, by March 30, 1987, to recommend to Congress a site qualified as an initial repository. Requires recommendation of another site for an initial repository if Congress disapproves the President's first recommendation. Authorizes the President to submit subsequent site recommendations. Directs the Secretary to submit a construction license application to the NRC and the appropriate State review board or Indian tribe if the President's site recommendation becomes effective. Requires the NRC to submit to Congress a status report on such application within two years of its submission by the Secretary. Requires final NRC approval or disapproval of such application within a specified time. Makes a site designation effective 30 days after the President recommends such site to Congress unless an affected State review board or Indian tribe submits a petition for disapproval of such site designation. Provides that if such petition is submitted, a site designation shall be effective unless Congress passes a resolution approving such petition. Authorizes a State review board to: (1) review activities under this Act to determine the effects of any repository located in the State; (2) represent the State in any NRC proceeding with respect to a repository site in such State; and (3) submit petitions requesting Congress to disapprove repository construction in such State. Directs the Secretary to make grants to the State review boards of each State in which a repository site has been approved to support board activities. Directs the Secretary to consult and cooperate with affected State review boards and Indian tribes to resolve State and tribal concerns regarding the public health and safety, environmental, and economic impacts of any repository. Authorizes the governing body of any affected Indian tribe to: (1) review activities under this Act to determine the effects of a repository located on the reservation; and (2) submit petitions requesting Congress to disapprove repository construction. Directs the Secretary to provide funds to any affected Indian tribe for activities pursuant to this Act. Provides for judicial review of agency actions relating to repository site designation and repository construction and operation pursuant to this Act. Requires Federal officers or agencies to issue or grant a certificate, right-of-way, permit, lease, or other authorization related to the characterization, construction, or initial operation of any recommended site at the earliest practicable date. Requires the promulgation of: (1) Environmental Protection Agency standards for the protection of the general environment from radioactive material in repositories; and (2) NRC criteria for reviewing applications for repository construction authorizations. Requires any repository for the disposal of high-level waste and spent fuel to be designed and constructed so that the spent fuel may be retrieved. Authorizes appropriations for fiscal year 1982 to carry out this title. Requires the Secretary to submit a report to Congress proposing fees to be collected to offset all construction, operation, administrative, and other costs incurred in providing for the management, interim storage, and disposal of nuclear wastes and spent fuel. Amends the Atomic Energy Act of 1954 to include low-level radioactive waste for purposes of State licensing and regulation requirements (currently State requirements with respect to safety standards and procedures apply to the licensing and regulation of byproduct material). Authorizes the NRC to provide technical assistance to States to help them resolve problems relating to radioactive waste disposal. Applies NRC requirements with respect to ownership and custody of byproduct material and disposal sites to ownership and custody of low-level radioactive waste. Requires the NRC to insure that low-level radioactive waste disposal is carried out in such a way as to protect public health and safety and the environment. Authorizes the NRC to provide for safe low-level radioactive waste disposal at sites located within or near sites designated for hazardous waste disposal or classified as sanitary landfills pursuant to the Solid Waste Disposal Act. Authorizes the NRC to promulgate rules and regulations designating concentrations or levels of activity for low-level radioactive waste which may be disposed of at such sites. Authorizes the NRC to apply bonding or surety requirements to holders of licenses for the disposal of low-level radioactive waste. Title II: Modification of Price - Anderson Provisions - Amends the Atomic Energy Act of 1954 to increase the limit on the standard deferred premium which may be charged under an industry retrospective rating plan following any nuclear incident to not more than $20,000,000 (currently the premium which may be charged cannot be less than $2,000,000 or more than $5,000,000). Provides that deferred premiums shall be payable in equal installments over a period of not less than one year or more than five years. Increases from $500,000,000 to $5,000,000,000 the maximum aggregate indemnity for all persons indemnified by the NRC in connection with a nuclear incident. Reduces the amount of indemnity by the amount of financial protection required of such persons. Limits the maximum aggregate liability of a licensee and other persons resulting from a nuclear incident to the sum of: (1) the financial protection required; and (2) any indemnity provided by the NRC if the persons indemnified are (a) licensees for which the NRC requires financial protection of less than $560,000,000; (b) nonprofit educational institutions; or (c) connected with the nuclear ship Savannah. Increases from $30 to $1,000 per year per thousand kilowatts of thermal energy capacity the indemnity fee which the NRC is authorized to collect from licensees of facilities for which an indemnification agreement is executed. Authorizes the NRC to return to the payee any portion of an indemnity fee collected under such Act after ten years after the date on which the fee was paid. Directs the NRC to survey the causes and damages after any nuclear incident and report its findings to the appropriate Congressional committees, Congressmen and Senators of affected districts and States, and the public (currently such a report is required after any nuclear incident which will probably require indemnification by the United States or probably result in public liability claims in excess of $560,000,000). Increases the statute of limitations for suits based on nuclear incidents from 20 to 40 years for purposes of waiver of defenses. Prohibits the courts from considering claims by the owner or operator of a nuclear reactor until all other claims permitted under such Act have been resolved. Directs the NRC to include in the report required by such Act recommendations with respect to liability issues not already addressed, including issues relating to proof of causation of damages associated with nuclear incidents and the elements of such damages for which compensation should be provided. Title III: Amendments Relating Primarily to Facility Siting and Safety - Requires a determination by the NRC that a licensee meets all requirements under the Atomic Energy Act of 1954 before a construction permit and an operating license for a nuclear powerplant may be issued. Makes the Federal Emergency Management Agency (FEMA) primarily responsible for carrying out functions relating to State and local radiological emergency response planning and preparedness in connection with facilities licensed under the Atomic Energy Act of 1954 which the FEMA determines have the potential for significant accidental offsite radiological releases. Requires the FEMA to establish criteria for State and local radiological emergency response plans, evaluate such plans, and provide emergency preparedness training to State and local officials. Directs the FEMA to establish, with the NRC's assistance, public information programs on radiological emergency response. Prohibits the issuance of a license for the operation of any utilization or production facility unless: (1) the licensee has in effect a radiological emergency response plan which has been found by the NRC and the FEMA to be adequate to protect public health and safety; (2) adequate State and local emergency plans are in effect in each area which may be substantially affected by a radiological emergency connected with such facility; and (3) the NRC and the FEMA have determined that the general emergency preparedness of the licensee, State and local authorities, and Federal agencies is adequate. Requires the FEMA to review, and report to Congress on, the State and local radiological emergency response plans of States and localities which could be significantly affected by radiological emergencies at facilities licensed before the enactment of this Act. Directs the NRC to report to Congress on alternative safety objectives with respect to nuclear reactors, nuclear material processing, and transportation and storage of nuclear materials. Prohibits the issuance of a limited work authorization or a construction permit for a utilization facility designed for the commercial production of electric energy unless such facility is located in conformity with facility siting regulations promulgated by the NRC. Provides that such regulations shall not apply to facilities for which construction permit applications were filed on or before October 1, 1979. Directs the NRC to provide information and recommendations to State and local land use planning authorities to assist them in making land use decisions which may affect emergency planning in relation to utilization facilities. Provides that the NRC shall not have any authority to preempt any State land use or siting requirement except where a State or local requirement is not identical to, or more stringent than, a NRC requirement relating to the same aspect of facility siting. Requires that any environmental impact statement required in connection with the issuance of an operating license for a facility shall be based on, and incorporate, any environmental impact statement prepared in connection with the issuance of a construction permit for such facility. Prohibits reassessment of certain issues in the statement or at the operating license hearing unless warranted by new facts or circumstances. Directs the NRC to establish a program for funding public participation in Commission rulemaking proceedings. Directs the NRC to make awards of all or part of the costs of participation in NRC proceedings to persons who: (1) present a view or interest which is not adequately presented in the proceeding and which contributes substantially to the consideration of any relevant fact or issue; (2) do not have sufficient resources to participate in the proceeding without an award; and (3) have not acted improperly with respect to such proceeding. Bases the costs of public participation awarded on the appropriations available and the prevailing rates for the services furnished. Permits the NRC to consolidate duplicative presentations and limit compensation awards. Subjects NRC decisions under this program to limited judicial review. Terminates the NRC's authority to make funds available under this program three years after the enactment of this Act, except in the case of award applications made before such termination date. Requires the NRC to report to Congress on the program's impact and effectiveness. Directs the NRC to designate and specifically refer to the Advisory Committee on Reactor Safeguards those permit and license applications which it considers most appropriate for review by the Committee (currently the Committee is required to review all such applications). Requires the Committee to report to the NRC on any application which the Committee reviews. Directs the NRC to carry out a survey of, and report to Congress on: (1) the major health and safety requirements applicable to currently operating utilization facilities required to be licensed under the Atomic Energy Act of 1954; and (2) the extent to which a representative sample of such facilities is in substantial compliance with such requirements. Requires an NRC statement on the effect of such survey on the implementation of the comprehensive plan for systematic safety evaluation of all such facilities. Directs the NRC to establish an independent Temporary Advisory Panel to evaluate: (1) the effectiveness of the nuclear powerplant licensing process with respect to meeting the requirements of the Atomic Energy Act of 1954 and the National Environmental Policy Act of 1969; (2) the efficiency of, and the potential for delays in, the licensing process; (3) the stability and predictability in the licensing process; and (4) the opportunity for public participation in the licensing process. Requires the Advisory Panel to submit a report setting forth the results of such evaluation to the NRC and specified House and Senate committees. Terminates the Advisory Panel upon submission of such report. Directs the NRC to submit its views on the Advisory Panel's report to such Congressional committees within 30 days of receipt of such report.

Sponsors

Timeline

Jan 7, 1983

Signed by President.

Jan 7, 1983

Signed by President.

Jan 7, 1983

Became Public Law No: 97-425.

Jan 7, 1983

Became Public Law No: 97-425.

Jan 3, 1983

Measure Signed in Senate.

Jan 3, 1983

Presented to President.

Jan 3, 1983

Presented to President.

Dec 20, 1982

Considered by Senate.

Dec 20, 1982

Passed/agreed to in Senate: Passed Senate with amendments by Voice Vote.

Dec 20, 1982

Passed Senate with amendments by Voice Vote.

Dec 20, 1982

Resolving differences -- House actions: House Agreed to Senate Amendments.

Dec 20, 1982

House Agreed to Senate Amendments.

Dec 6, 1982

Received in the Senate, read twice.

Dec 6, 1982

Placed on Senate Legislative Calendar under Regular Orders. Calendar No. 968.

Dec 2, 1982

Passed/agreed to in House: Passed House (Amended).

Dec 2, 1982

Passed House (Amended).

Nov 30, 1982

Considered by House Unfinished Business.

Nov 29, 1982

Considered by House Unfinished Business.

Sep 30, 1982

Rule Passed House.

Sep 30, 1982

Called up by House by Rule.

Sep 30, 1982

Considered by House Unfinished Business Vote Postponed.

Sep 28, 1982

Committee on Rules Granted a Modified Open Rule with Two and One-Half Hours of Debate, Making in Order the Text of H.R.7187 as an Amendment in the Nature of a Substitute.

Sep 28, 1982

Rules Committee Resolution H.Res.601 Reported to House.

Sep 15, 1982

House Committee on Merchant Marine and Fisheries Discharged by Motion.

Sep 15, 1982

House Committee on Merchant Marine and Fisheries Discharged by Motion.

Sep 15, 1982

House Committee on The Judiciary Discharged by Motion.

Sep 15, 1982

House Committee on The Judiciary Discharged by Motion.

Sep 9, 1982

Referred to House Committee on The Judiciary Sequentially for a Period Ending not Later than September 15, 1982.

Sep 9, 1982

Referred to House Committee on Merchant Marine and Fisheries Sequentially, for a Period Ending not Later than September 15, 1982.

Jul 19, 1982

Reported to House (Amended) by House Committee on Armed Services. Report No: 97-491 (Part II).

Jul 19, 1982

Reported to House (Amended) by House Committee on Armed Services. Report No: 97-491 (Part II).

Jul 15, 1982

Committee Consideration and Mark-up Session Held.

Jul 15, 1982

Ordered to be Reported.

Jul 14, 1982

Subcommittee Consideration and Mark-up Session Held.

Jul 14, 1982

Forwarded by Subcommittee to Full Committee (Amended).

Jun 22, 1982

Executive Comment Requested from DOE.

Jun 22, 1982

Referred to Subcommittee on Procurement and Military Nuclear Systems.

Jun 17, 1982

Referred to House Committee on Armed Services Sequentially, for a Period Ending not Later than Jul 16, 82.

Jun 10, 1982

Subcommittee Hearings Held.

Jun 8, 1982

Subcommittee Hearings Held.

Apr 27, 1982

Reported to House (Amended) by House Committee on Interior and Insular Affairs. Report No: 97-491 (Part I).

Apr 27, 1982

Reported to House (Amended) by House Committee on Interior and Insular Affairs. Report No: 97-491 (Part I).

Mar 17, 1982

Committee Consideration and Mark-up Session Held.

Mar 17, 1982

Ordered to be Reported (Amended).

Dec 16, 1981

Committee Consideration and Mark-up Session Held.

Dec 10, 1981

Committee Consideration and Mark-up Session Held.

Oct 29, 1981

Subcommittee Consideration and Mark-up Session Held.

Oct 29, 1981

Forwarded by Subcommittee to Full Committee (Amended).

Oct 20, 1981

Referred to Subcommittee on Rules of the House.

Oct 14, 1981

Subcommittee Consideration and Mark-up Session Held.

Oct 13, 1981

Subcommittee Consideration and Mark-up Session Held.

Sep 24, 1981

Subcommittee Consideration and Mark-up Session Held.

Sep 17, 1981

Subcommittee Consideration and Mark-up Session Held.

Jul 9, 1981

Subcommittee Hearings Held.

Jun 25, 1981

Subcommittee Hearings Held.

Jun 23, 1981

Subcommittee Hearings Held.

Jun 17, 1981

Referred to Subcommittee on Energy and the Environment.

Jun 8, 1981

Referred to Subcommittee on Energy Conservation and Power.

Jun 4, 1981

Introduced in House

Jun 4, 1981

Introduced in House

Jun 4, 1981

Referred to House Committee on Energy and Commerce.

Jun 4, 1981

Referred to House Committee on Interior and Insular Affairs.

Jun 4, 1981

Referred to House Committee on Rules.

House Votes

No House roll call votes have been linked to this bill yet.

Amendments

No amendment records are currently available for this bill.
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