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42 USC

300aa-15.

PUBLIC LAW 100-203—DEC. 22, 1987

(b) AUTHORIZATION.—Section 2115 (42 U.S.C. 300aa-15) (as amended by subsection (a)) is amended by adding at the end the following: "0") AUTHORIZATION.—For the payment of compensation under the Program to a petitioner for a vaccine-related injury or death associated with the administration of a vaccine before the effective date of this part there are authorized to be appropriated $80,000,000 for fiscal year 1989, $80,000,000 for fiscal year 1990, $80,000,000 for fiscal year 1991, and $80,000,000 for fiscal year 1992. Amounts appropriated under this subsection shall remain available until expended.". (c) MINIMUM.—Section 2115(a)(1) (42 U.S.C. 300a-15(a)(l)) is amended by striking out the last sentence of subparagraphs (A)and(B). (d) LUMP SUM.—

42 USC

300aa-12.

^.^'

^?

(1) Section 2115 (42 U.S.C. 300aa-15) is amended— (A) by striking out the last two sentences after paragraph .: (4) in subsection (a), and (B) by adding at the end of the first subsection (f) the following: "(4)(A) Except as provided in subparagraph (B), payment of compensation under the Program shall be made in a lump sum determined on the basis of the net present value of the elements of the compensation. "(B) In the case of a payment of compensation under the Program to a petitioner for a vaccine-related injury or death associated with the administration of a vaccine before the effective date of this part the compensation shall be paid in 4 equal annual installments. If the appropriations under subsection (i) are insufficient to make a payment of an annual installment, section 2111(a) shall not apply to a civil action for damages brought by the petitioner entitled to the payment.". (2)(A) Subsections (e) and (f) of section 2112 (42 U.S.C. 300a-12) are repealed and subsection (g) of such section is redesignated as (B) Section 2118 (42 U.S.C. 300aa-18) is repealed. (e) LIMIT.—Section 2115(b) (42 U.S.C. 300aa-15(b)) is amended by striking out "shall only include the compensation described in paragraphs (I)(A) and (2) of subsection (a)" and inserting in lieu thereof the following: "may not include the compensation described in paragraph (I)(B) of subsection (a) and may include attorneys' fees and other costs included in a judgment under subsection (e), except that the total amount that may be paid as compensation under paragraphs (3) and (4) of subsection (a) and included as attorneys' fees and other costs under subsection (e) may not exceed $30,000". (f) TERMINATION OF PROGRAM.—Part D of title XXI is amended by adding at the end the following: TERMINATION OF PROGRAM

42 USC 300aa-34.

"SEC. 2134. (a) REVIEWS.—The Secretary shall review the number of awards of compensation made under the program to petitioners under section 2111 for vaccine-related injuries and deaths associated with the administration of vaccines on or after the effective date of this part as follows: ?-s^ • j..i

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"(1) The Secretary shall review the number of such awards made in the 12-month period beginning on the effective date of this part. "(2) At the end of each 3-month period beginning after the expiration of the 12-month period referred to in paragraph (1) the Secretary shall review the number of such awards made in the 3-month period. "(b) REPORT.—

"(1) If in conducting a review under subsection (a) the Secretary determines that at the end of the period reviewed the total number of awards made by the end of that period and accepted under section 2121(a) exceeds the number of awards listed next to the period reviewed in the table in paragraph (2)— "(A) the Secretary shall notify the Congress of such determination, and "(B) beginning 180 days after the receipt by Congress of a notification under paragraph (1), no petition for a vaccinerelated injury or death associated with the administration of a vaccine on or after the effective date of this part may be filed under section 2111. Section 2111(a) and part B shall not apply to civil actions for damages for a vaccine-related injury or death for which a petition may not be filed because of subparagraph (B). "(2) The table referred to in paragraph (1) is as follows: •"* "Period reviewed: 12 months after the effective date of part 13th through the 15th month after such date 16th through the 18th month after such date 19th through the 21st month after such date 22nd through the 24th month after such date 25th through the 27th month after such date 28th through the 30th month after such date 31st through the 33rd month after such date 34th through the 36th month after such date 37th through the 39th month after such date 40th through the 42nd month after such date 43rd through the 45th month after such date 46th through the 48th month after such date

Total number of awards by the end of the period reviewed 150 188 225 263 300 338 375 413 450 488 525 563 600.".

(g) TECHNICAL.—Section 2115 (42 U.S.C. 300a-15) is amended by 42 USC redesignating the second subsection (f) and subsection (g) as subsec- 300aa-15. tions (g) and (h), respectively. SEC. 4304. PETITIONS.

(a) APPLICATION OF LIMITS.—Section 2111(a) (42 U.S.C. 300aa-ll) is amended by adding at the end the following: "(8) This subsection applies only to a person who has sustained a vaccine-related injury or death and who is qualified to file a petition for compensation under the Program.". (b) QUALIFICATION.—

(1) Section 2111(b)(l) (42 U.S.C. 300a-l 1(b)(1)(A)) is amended by 42 USC striking out "may file" and inserting in lieu thereof "may, if the 300aa-ll. person meets the requirements of subsection (c)(1), file". (2) Section 2111(c)(l)(D) (42 U.S.C. 300a-ll(c)(l)(D)) is amended (A) by striking out "for more than 1 year" and inserting in lieu thereof "for more than 6 months", (B) by striking out ",Tii)" and '"Copy read "Period reviewed:".

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inserting in lieu thereof "and", and (C) by striking out "(iii)" and inserting in lieu thereof "(ii)". (c) WITHDRAWAL.—Section 2121 (42 U.S.C. 300a-21) is amended by redesignating subsection (b) as subsection (c) and by inserting after subsection (a) the following: "(b) WITHDRAWAL OF PETITION.—If the United States Claims Court fails to enter a judgment under section 2112 on a petition filed under section 2111 within 365 days after the date on which the petition was filed, the petitioner may submit to the court a notice in writing withdrawing the petition. Such a notice shall be filed not later than 90 days after the expiration of such 365-day period. A person who has submitted a notice under this subsection may, notwithstanding section 2111(a)(2), thereafter maintain a civil action for damages in a State or Federal court without regard to part B and consistent with otherwise applicable law.". SEC. 4305. CITIZEN'S ACTIONS.

42 USC

Section 2131(c) (42 U.S.C. 300a-31(c)) '^ is amended by striking out "to any party, whenever the court determines that such award is appropriate" and inserting in lieu thereof "to any plaintiff who substantially prevails on one or more significant issues in the action".

42 USC

SEC. 4306. VACCINE ADMINISTRATORS.

300aa-ll.

Section 2111(a) (42 U.S.C. 300a-ll) is amended by striking out "vaccine manufacturer" each place it appears and inserting in lieu thereof "vaccine administrator or manufacturer".

300aa-31.

^ ^

SEC. 4307. COURT JURISDICTION.

Subtitle 2 of title XXI is amended as follows: (1) Section 2111(a)(l) (42 U.S.C. 300aa-ll(a)(l)) is amended by striking out "with the United States district court for the district in which the petitioner resides or the injury or death occurred" and inserting in lieu thereof "with the United States Claims Court". (2) Section 2111(a)(2)(A)(ii) (42 U.S.C. 300aa-ll(a)(2)(A)(ii)) is amended by striking out "a district court of the United States" and inserting in lieu thereof "the United States Claims Court". t (3) Section 2112 (42 U.S.C. 300aa-12) is amended— • inserting in lieu thereof "the United States Claims Court", ' and (C) in subsection (g), by striking out "a district court of the United States" and inserting in lieu thereof "the United States Claims Court" and by striking out "for the V" circuit in which the court is located" and inserting in lieu thereof "for the Federal Circuit". (4) Section 2113(c) (42 U.S.C. 300aa-13(c)) is amended by striking out "a district court of the United States" and inserting in lieu thereof "the United States Claims Court". " Copy read "300a-31(c)".

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(5) Section 2115{eXl) (42 U.S.C. 300aa-15(eKl)) is amended by striking out "of a court" and inserting in lieu thereof "of the United States Claims Court". (6) Paragraph (2) of subsection (f) of section 2115 (42 U.S.C. 300aa-15) is amended by striking out "district court of the United States" and inserting in lieu thereof "United States Claims Court". (7) Section 2117(a) (42 U.S.C. 300aa-17(a)) is amended by striking out "(1)", by running in the text of paragraph (1) into the subsection heading, and by striking out paragraph (2). (8) Section 2121(a) (42 U.S.C. 300aa-21(a)) is amended by striking out "a district court of the United States" and inserting in lieu thereof "the United States Claims Court" and by striking out "a court" each place it occurs and inserting in lieu thereof "the court". (9) Section 2123(e) (42 U.S.C. 300aa-23(e)) is amended by striking out "a district court of the United States" and inserting in lieu thereof "the United States Claims Court".

Subtitle ERural Health SEC. 4401. OFFICE OF RURAL HEALTH POLICY.

Title VII of the Social Security Act is amended by adding at the end thereof the following new section: "OFFICE OF RURAL HEALTH POLICY

"SEC. 711. (a) There shall be established in the Department of Establishment. Health and Human Services (in this section referred to as the ^^ use 912. 'Department') "^^ an Office of Rural Health Policy (in this section referred to as the 'Office'). The Office shall be headed by a Director, who shall advise the Secretary on the effects of current policies and proposed statutory, regulatory, administrative, and budgetary changes in the programs established under titles XVIII and XIX on the financial viability of small rural hospitals, the ability of rural areas (and rural hospitals in particular) to attract and retain physicians and other health professionals, and access to (and the quality of) health care in rural areas. "(b) In addition to advising the Secretary with respect to the matters specified in subsection (a), the Director, through the Office, shall"(1) oversee compliance with the requirements of section '^ ^ ^ 1102(b) of this Act and section 4083 of the Omnibus Budget Reconciliation Act of 1987, "(2) establish and maintain a clearinghouse for collecting and disseminating information on— "(A) rural health care issues, "(B) research findings relating to rural health care, and "(C) innovative approaches to the delivery of health care in rural areas, "(3) coordinate the activities within the Department that relate to rural health care, and "" Copy read " "Department")".

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"(4) provide information to the Secretary and others in the Department with respect to the activities, of other Federal departments and agencies, that relate to rural health care.". SEC. 4402. IMPACT ANALYSES OF MEDICARE AND MEDICAID RULES AND REGULATIONS ON SMALL RURAL HOSPITALS.

(a) IN GENERAL.—Section 1102 of the Social Security Act (42 U.S.C. 1302) is amended— • (1) by inserting "(a)" after "SEC. 1102.", and (2) by adding at the end thereof the following new subsection: "O^XD Whenever the Secretary publishes a general notice of proposed rulemaking for any rule or regulation proposed under title XVIII, title XIX, or part B of this title that may have a significant impact on the operations of a substantial number of small rural hospitals, the Secretary shall prepare and make available for public comment an initial regulatory impact analysis. Such analysis shall describe the impact of the proposed rule or regulation on such hospitals and shall set forth, with respect to small rural hospitals, the matters required under section 603 of title 5, United States Code, Federal Register, to be set forth with respect to small entities. The initial regulatory publication. impact analysis (or a summary) shall be published in the Federal Register at the time of the publication of general notice of proposed rulemaking for the rule or regulation. "(2) Whenever the Secretary promulgates a final version of a rule or regulation with respect to which an initial regulatory impact analysis is required by paragraph (1), the Secretary shall prepare a final regulatory impact analysis with respect to the final version of such rule or regulation. Such analysis shall set forth, with respect to small rural hospitals, the matters required under section 604 of title 5, United States Code, to be set forth with respect to small entities. Federal Register, The Secretary shall make copies of the final regulatory impact publication. analysis available to the public and shall publish, in the Federal Register at the time of publication of the final version of the rule or regulation, a statement describing how a member of the public may obtain a copy of such analysis. "(3) If a regulatory flexibility analysis is required by chapter 6 of title 5, United States Code, for a rule or regulation to which this subsection applies, such analysis shall specifically address the impact of the rule or regulation on small rural hospitals.". 42 USC 1302 (b) EFFECTIVE DATE.—The amendments made by paragraph (1) note. shall apply to regulations proposed more than 30 days after the date of the enactment of this Act. 42 USC 1395b-l note.

SEC. 4403. SET ASIDE FOR EXPERIMENTS AND DEMONSTRATION PROJECTS RELATING TO RURAL HEALTH CARE ISSUES.

(a) SET ASIDE.—Not less than ten percent of the total amounts expended in each fiscal year by the Secretary of Health and Human Services (in this section referred to as the "Secretary") after October 1, 1988, with respect to experiments and demonstration projects authorized by section 402 of the Social Security Amendments of 1967 and the experiments and demonstration projects authorized by the Social Security Amendments of 1972 shall be expended for experiments and demonstration projects relating exclusively or substantially to rural health issues, including (but not limited to) the impact of the payment methodology under section 1886(d) of the Social Security Act on the financial viability of small rural hospitals, the effect of medicare payment policies on the

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ability of rural areas (and rural hospitals in particular) to attract and retain physicians and other health professionals, the appropriateness of medicare conditions of participation and staffing requirements for small rural hospitals, and the impact of medicare policies on access to (and the quality oD health care in rural areas, (b) AGENDA.—The Secretary of Health and Human Services shall establish an agenda of experiments and demonstration projects, relating exclusively or substantially to rural health issues, that are in progress or have been proposed, and shall include such agenda in the annual report submitted pursuant to section 1875(b) of the Social Security Act. The agenda shall be accompanied by a statement setting forth the amounts that have been obligated and expended with respect to such experiments and projects in the current and most recently completed fiscal years.

TITLE V—ENERGY AND ENVIRONMENT PROGRAMS Subtitle A—Nuclear Waste Amendments SEC. 5001. SHORT TITLE.

This subtitle may be cited as the "Nuclear Waste Policy Amendments Act of 1987". SEC..5002. DEFINITIONS.

Section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101) is amended by adding at the end the following new paragraphs: "(30) The term 'Yucca Mountain site' means the candidate site in the State of Nevada recommended by the Secretary to the President under section 112a))(l)(B) on May 27, 1986. "(31) The term 'affected unit of local government' means the unit of local government with jurisdiction over the site of a repository or a monitored retrievable storage facility. Such term may, at the discretion of the Secretary, include units of local government that are contiguous with such unit. "(32) The term 'Negotiator' means the Nuclear Waste Negotiator. "(33) As used in title IV, the term 'Office' means the Office of the Nuclear Waste Negotiator established under title IV of this Act. "(34) The term 'monitored retrievable storage facility' means the storage facility described in section 141(b)(1).".

> PART A—REDIRECTION OF THE NUCLEAR WASTE PROGRAM SEC. 5011. FIRST REPOSITORY.

(a) SITE SPECIFIC ACTIVITIES.—Title I of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10121-10171) is amended by adding at the end the following new subtitle:

Nuclear Waste Policy Amendments Act of 1987. 42 USC 10101 note.

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"SUBTITLE E—REDIRECTION OF THE NUCLEAR WASTE PROGRAM "SELECTION OF YUCCA MOUNTAIN SITE

42 USC 10172.

"SEC. 160. (a) IN GENERAL.—(1) The Secretary shall provide for an orderly phase-out of site specific activities at all candidate sites other than the Yucca Mountain site. "(2) The Secretary shall terminate all site specific activities (other than reclamation activities) at all candidate sites, other than the Yucca Mountain site, within 90 days after the date of enactment of the Nuclear Waste Policy Amendments Act of 1987. "(h) Effective on the date of the enactment of the Nuclear Waste Policy Amendments Act of 1987, the State of Nevada shall be eligible to enter into a benefits agreement with the Secretary under section 170.". O> SITE RECOMMENDATION TO THE PRESIDENT.—Section 112(b) of t) the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10132(b)) is amended by(1) striking out paragraph (1)(C) and redesignating the subsequent subparagraphs accordingly; and (2) in subparagraph (C) '^ (as redesignated) by striking "subparagraphs (B) and (C)" and inserting "subparagraph (B)'. (c) TERMINATION OF CANDIDATE SITE SCREENING.—Section 112 of

the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10132) is amended by striking all of subsection (d) and redesignating subsequent subsections accordingly. (d) TIMELY SITE CHARACTERIZATION.—Section 112 of the Nuclear

Waste Policy Act of 1982 (42 U.S.C. 10132) is amended by striking all of subsection (f) and redesignating subsequent subsections accordingly. (e) SITE CHARACTERIZATION.—Section 113(a) of the Nuclear Weiste

Policy Act of 1982 (42 U.S.C. 10133(a)) is amended— (1) by striking "State involved" and all that follows through "tribe involved' and inserting "State of Nevada"; and (2) by striking "beginning" and all that follows through "geological media" and inserting "at the Yucca Mountain site". (f) COMMISSION AND STATES.—Section 113(b) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 101330))) is amended— (1) in paragraph (1)— (A) by striking "any candidate site" and inserting "the Yucca Mountain site"; (B) by striking "either" and all that follows through "may be" and insert "the Governor or legislature of the State of Nevada"; (2) in paragraph (2), by striking "at any candidate site" and inserting "at the Yucca Mountain site"; and (3) in paragraph (3)— (A) by striking "a candidate site" and inserting "the Yucca Mountain site"; (B) by striking "either"; and (C) by striking "the State" and all that follows through "may be" and inserting "the State of Nevada". (g) RESTRICTIONS.—Section 113(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10133(c)) is amended— (1) in paragraph (1)— '^ Copy read "(C), (as"

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(A) by striking "any candidate site" and inserting "the Yucca Mountain site"; and (B) by striking "such candidate site" each place it appears and inserting "such site"; (2) in paragraph (2), by striking "candidate" each place it appears; and (3) by striking paragraphs (3) and (4) and inserting the following: "(3) If the Secretary at any time determines the Yucca Mountain site to be unsuitable for development as a repository, the Secretary shall— "(A) terminate all site characterization activities at such site; "(B) notify the Congress, the Governor and legislature of Nevada of such termination and the reasons for such termination; "(C) remove any high-level radioactive waste, spent nuclear fuel, or other radioactive materials at or in such site as promptly as practicable; "(D) take reasonable and necessary steps to reclaim the site and to mitigate any significant adverse environmental impacts caused by site characterization activities at such site; "(E) suspend all future benefits payments under subtitle F with respect to such site; and "(F) report to Congress not later than 6 months after such Reports. determination the Secretary's recommendations for further action to assure the safe, permanent disposal of spent nuclear fuel and high-level radioactive waste, including the need for new legislative authority.", (h)

HEARINGS

AND PRESIDENTIAL

RECOMMENDATION.—Section

114(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(a)) is amended— (1) in paragraph (1)— (A) by striking "each site" through "development of a repository" and inserting "the Yucca Mountain site"; (B) by striking "in which such site is located"; (C) by striking "not less than 3" and all that follows through "subsequent repositories" and inserting "the Yucca Mountain site"; (D) by striking "in which such site" and all that follows through "case may be" and insert "of Nevada"; (E) by striking the sentence beginning with "In making site recommendations"; (F) by amending subparagraph (D) to read as follows: "(D) a final environmental impact statement prepared for the Yucca Mountain site pursuant to subsection (f) and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), together with comments made concerning such environmental impact statement by the Secretary of the Interior, the Council on Environmental Quality, the Administrator, and the Commission, except that the Secretary shall not be required in any such environmental impact statement to consider the need for a repository, the alternatives to geological disposal, or alternative sites to the Yucca Mountain site;"; and (G) in subparagraph (H), by striking "the State" and all that follows through the end of the sentence and inserting "the State of Nevada";

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(2) by striking paragraphs (2) and (3) and inserting the following: President of U.S. "(2)(A) If, after recommendation by the Secretary, the President considers the Yucca Mountain site qualified for application for a construction authorization for a repository, the President shall submit a recommendation of such site to Congress. "(B) The President shall submit with such recommendation a copy of the statement for such site prepared by the Secretary under paragraph (1)."; and (3) in paragraph (4) by— (A) striking "(4)(A)" and inserting "(3KA)"; (B) striking "any site under this subsection" and inserting "the Yucca Mountain site"; and (C) by striking "report" and inserting "statement". (i) SUBMISSION OF APPLICATION.—Section 114(b) of the Nuclear

,,,.

Waste Policy Act of 1982 (42 U.S.C. 10134(b)) is amended— (1) by striking "a site for a repository" and inserting "the Yucca Mountain site"; and (2) by striking "in which" and all that follows through "may be," and inserting "of Nevada". (j) COMMISSION ACTION.—Section 114(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(d)) is amended in the first sentence— (1) by striking "than—" and all that follows through "(2) the expiration" and inserting "than the expiration"; and (2) by striking "(e)(2); whichever occurs later" and inserting "(e)(2)< (k) PROJECT DECISION SCHEDULE.—Section 114(e) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(e)) is amended by striking "repository involved" and inserting "repository". (1) ENVIRONMENTAL IMPACT STATEMENT.—Section 114(0 of the Nu-

clear Waste Policy Act of 1982 (42 U.S.C. 10134(f)) is amended to read as follows: "(f) ENVIRONMENTAL IMPACT STATEMENT.—(1) Any recommendation made by the Secretary under this section shall be considered a major Federal action significantly affecting the quality of the human environment for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). A final environmental impact statement prepared by the Secretary under such Act shall accompany any recommendation to the President to approve a site for a repository. "(2) With respect to the requirements imposed by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), compliance with the procedures and requirements of this Act shall be deemed adequate consideration of the need for a repository, the time of the initial availability of a repository, and all alternatives to the isolation of high-level radioactive waste and spent nuclear fuel in a repository. (3) For purposes of complying with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and this section, the Secretary need not consider alternate sites to the Yucca Mountain site for the repository to be developed under this subtitle. "(4) Any environmental impact statement prepared in connection with a repository proposed to be constructed by the Secretary under this subtitle shall, to the extent practicable, be adopted by the Commission in connection with the issuance by the Commission of a

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construction authorization and license for such repository. To the extent such statement is adopted by the Commission, such adoption shall be deemed to also satisfy the responsibilities of the Commission under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and no further consideration shall be required, except that nothing in this subsection shall affect any independent responsibilities of the Commission to protect the public health and safety under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). "(5) Nothing in this Act shall be construed to amend or otherwise detract from the licensing requirements of the Nuclear Regulatory Commission established in title II of the Energy Reorganization Act of 1974 (42 U.S.C. 5841 et seq.). "(6) In any such statement prepared with respect to the repository to be constructed under this subtitle, the Nuclear Regulatory Commission need not consider the need for a repository, the time of initial availability of a repository, alternate sites to the Yucca Mountain site, or nongeologic alternatives to such site.". (m) ON-SITE REPRESENTATIVE.—Section 117 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10137) is amended by adding at the end the following new subsection: "(d) ON-SITE REPRESENTATIVE.—The Secretary shall offer to any State, Indian tribe or unit of local government within whose jurisdiction a site for a repository or monitored retrievable storage facility is located under this title an opportunity to designate a representative to conduct on-site oversight activities at such site. Reasonable expenses of such representatives shall be paid out of the Waste Fund.". SEC. 5012. SECOND REPOSITORY.

Subtitle E of title I of the Nuclear Waste Policy Act of 1982 (as created by section 5011 of this Act) is amended by adding at the end the following new section: "SITING A SECOND REPOSITORY "SEC.

161. (a) CONGRESSIONAL ACTION REQUIRED.—The Secretary

may not conduct site-specific activities with respect to a second repository unless Congress has specifically authorized and appropriated funds for such activities. "Go) REPORT.—The Secretary shall report to the President and to Congress on or after January 1, 2007, but not later than January 1, 2010, on the need for a second repository. "(c) TERMINATION OF GRANITE RESEARCH.—Not later than 6 months after the date of the enactment of the Nuclear Waste Policy Amendments Act of 1987, the Secretary shall phase out in an orderly manner funding for all research programs in existence on such date of enactment designed to evaluate the suitability of crystalline rock as a potential repository host medium. "(d) ADDITIONAL SITING CRITERIA.—In the event that the Secretary at any time after such date of enactment considers any sites in crystalline rock for characterization or selection as a repository, the Secretary shall consider (as a supplement to the siting guidelines under section 112) such potentially disqualifying factors as— "(1) seasonal increases in population; "(2) proximity to public drinking water supplies, including those of metropolitan areas; and

91-194 O - 90 - 33: QL.3 Part 2

42 USC ioi72a.

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"(3) the impact that characterization or siting decisions would have on lands owned or placed in trust by the United States for Indian tribes.". PART B—MONITORED RETRIEVABLE STORAGE SEC.

.5021. AUTHORIZATION O F MONITORED RETRIEVABLE STORAGE.

Subtitle C of the Nuclear '* Waste Policy Act of 1982 is amended by adding at the end the following new sections: "AUTHORIZATION OF MONITORED RETRIEVABLE STORAGE

42 USC 10162.

142. (a) NULLIFICATION OF OAK RIDGE SITING PROPOSAL.— The proposal of the Secretary (EC-1022, 100th Congress) to locate a monitored retrievable storage facility at a site on the Clinch River in the Roane County portion of Oak Ridge, Tennessee, with alternative sites on the Oak Ridge Reservation of the Department of Energy and on the former site of a proposed nuclear powerplant in Hartsville, Tennessee, is annulled and revoked. In carrying out the provisions of sections 144 and 145, the Secretary shall make no presumption or preference to such sites by reason of their previous selection. "(b) AUTHORIZATION.—The Secretary is authorized to site, construct, and operate one monitored retrievable storage facility subject to the conditions described in sections 143 through 149. "SEC.

'>n; h 42 USC 10163.

Reports.

MONITORED RETRIEVABLE STORAGE COMMISSION

"SEC. 143. (a) ESTABLISHMENT.—(1)(A) There is established a Monitored Retrievable Storage Review Commission (hereinafter in this section referred to as the 'MRS Commission'), that shall consist of 3 members who shall be appointed by and serve at the pleasure of the President pro tempore of the Senate and the Speaker of the House of Representatives. "(B) ^^ Members of the MRS Commission shall be appointed not later than 30 days after the date of the enactment of the Nuclear Waste Policy Amendments Act of 1987 from among persons who as a result of training, experience and attainments are exceptionally well qualified to evaluate the need for a monitored retrievable storage facility as a part of the Nation's nuclear waste management system. "(C) The MRS Commission shall prepare a report on the need for a monitored retrievable storage facility as a part of a national nuclear waste management system that achieves the purposes of this Act. In preparing the report under this subparagraph, the MRS Commission s h a l l ^ "(i) review the status and adequacy of the Secretary's evaluaj{ tion of the systems advantages and disadvantages of bringing such a facility into the national nuclear waste disposal system; ,j "(ii) obtain comment and available data on monitored retrievj able storage from affected parties, including States containing " potentially acceptable sites; .^ "(iii) evaluate the utility of a monitored retrievable storage facility from a technical perspective; and '•* Copy read "C of Nuclear". "Copy read " "(B)(i)". 'OlU

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101 STAT. 1330-233

"(iv) make a recommendation to Congress as to whether such a facility should be included in the national nuclear waste management system in order to achieve the purposes of this Act, including meeting needs for packaging and handling of spent nuclear fuel, improving the flexibility of the repository development schedule, and providing temporary storage of spent nuclear fuel accepted for disposal. "(2) In preparing the report and making its recommendation , •, < i?;;: < under paragraph (1) the MRS Commission shall compare such a facility to the alternative of at-reactor storage of spent nuclear fuel prior to disposal of such fuel in a repository under this Act. Such comparison shall take into consideration the impact on— "(A) repository design and construction; "(B) waste package design, fabrication and standardization; "(C) waste preparation; "(D) waste transportation systems; i "(E) the reliability of the national system for the disposal of radioactive waste; "(F) the ability of the Secretary to fulfill contractual commitments of the Department under this Act to accept spent nuclear fuel for disposal; and "(G) economic factors, including the impact on the costs likely to be imposed on ratepayers of the Nation's electric utilities for temporary at-reactor storage of spent nuclear fuel prior to final disposal in a repository, as well as the costs likely to be imposed on ratepayers of the Nation's electric utilities in building and operating such a facility. "(3) The report under this subsection, together with the rec- Reports. ommendation of the MRS Commission, shall be transmitted to Congress on June 1, 1989. "(4)(A)(i) Each member of the MRS Commission shall be paid at the rate provided for level III of the Executive Schedule for each day (including travel time) such member is engaged in the work of the MRS Commission, and shall receive travel expenses, including per diem in lieu of subsistence in the same manner as is permitted ,,, y; -j^.- < under sections 5702 and 5703 of title 5, United States Code. "(ii) The MRS Commission may appoint and fix compensation, not to exceed the rate of basic pay payable for GS-18 of the General Schedule, for such staff as may be necessary to carry out its functions. "(B)(i) The MRS Commission may hold hearings, sit and act at such times and places, take such testimony and receive such evidence as the MRS Commission considers appropriate. Any member of the MRS Commission may administer oaths or affirmations to witnesses appearing before the MRS Commission. "(ii) The MRS Commission may request any Executive agency, including the Department, to furnish such assistance or information, including records, data, files, or documents, as the Commission considers necessary to carry out its functions. Unless prohibited by law, such agency shall promptly furnish such assistance or information. "(iii) To the extent permitted by law, the Administrator of the General Services Administration shall, upon request of the MRS Commission, provide the MRS Commission with necessary administrative services, facilities, and support on a reimbursable basis, "(iv) The MRS Commission may procure temporary and intermittent services from experts and consultants to the same extent as is

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 101 STAT. 1330-234

PUBLIC LAW 100-203—DEC. 22, 1987

authorized by section 3109(b) of title 5, United States Code, at rates and under such rules as the MRS Commission considers reasonable. "(C) The MRS Commission shall cease to exist 60 days after the submission to Congress of the report required under this subsection. "SURVEY

42 USC 10164.

"SEC. 144. After the MRS Commission submits its report to the Congress under section 143, the Secretary may conduct a survey and evaluation of potentially suitable sites for a monitored retrievable storage facility. In conducting such survey and evaluation, the Secretary shall consider the extent to which siting a monitored retrievable storage facility at each site surveyed would— "(1) enhance the reliability and flexibility of the system for the disposal of spent nuclear fuel and high-level radioactive . waste established under this Act; "(2) minimize the impacts of transportation and handling of such fuel and waste; "(3) provide for public confidence in the ability of such system to safely dispose of the fuel and waste; "(4) impose minimal adverse effects on the local community and the local environment; "(5) provide a high probability that the facility will meet applicable environmental, health, and safety requirements in a, timely fashion; "(6) provide such other benefits to the system for the disposal of spent nuclear fuel and high-level radioactive waste as the n;;,». Secretary deems appropriate; and "(7) unduly burden a State in which significant volumes of high-level radioactive waste resulting from atomic energy ' defense activities are stored. SITE SELECTION

42 USC 10165.

"SEC. 145. (a) IN GENERAL.—The Secretary may select the site evaluated under section 144 that the Secretary determines on the basis of available information to be the most suitable for a monitored retrievable storage facility that is an integral part of the system for the disposal of spent nuclear fuel and high-level radioactive waste established under this Act. "(b) LIMITATION.—The Secretary may not select a site under subsection (a) until the Secretary recommends to the President the approval of a site for development as a repository under section 114(a). "(c) SITE SPECIFIC ACTIVITIES.—The Secretary may conduct such site specific activities at each site surveyed under section 144 as he determines may be necessary to support an application to the Commission for a license to construct a monitored retrievable storage facility at such site. "(d) ENVIRONMENTAL ASSESSMENT.—Site specific activities and selection of a site under this section shall not require the preparation of an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). The Secretary shall prepare an environmental assessment with respect to such selection in accordance with regulations issued by the Secretary implementing such Act. Such environmental assessment shall be based upon available information regarding ^

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101 STAT. 1330-235

alternative technologies for the storage of spent nuclear fuel and high-level radioactive waste. The Secretary shall submit such environmental assessment to the Congress at the time such site is selected. "(e) NOTIFICATION BEFORE SELECTION.—(1) At least 6 months before selecting a site under subsection (a), the Secretary shall notify the Governor and legislature of the State in which such site is located, or the governing body of the affected Indian tribe where such site is located, as the case may be, of such potential selection and the basis for such selection. "(2) Before selecting any site under subsection (a), the Secretary shall hold at least one public hearing in the vicinity of such site to solicit any recommendations of interested parties with respect to issues raised by the selection of such site. "(f) NOTIFICATION OF SELECTION.—The Secretary shall promptly notify Congress and the appropriate State or Indian tribe of the selection under subsection (a). "(g) LIMITATION.—No monitored retrievable storage facility authorized pursuant to section 142(b) may be constructed in the State of Nevada. "NOTICE OF DISAPPROVAL

"SEC. 146. (a) IN GENERAL.—The selection of a site under section 42 USC 10166. 145 shall be effective at the end of the period of 60 calendar days beginning on the date of notification under such subsection, unless the governing body of the Indian tribe on whose reservation such site is located, or, if the site is not on a reservation, the Governor and the legislature of the State in which the site is located, has submitted to Congress a notice of disapproval with respect to such site. If any such notice of disapproval has been submitted under this subsection, the selection of the site under section 145 shall not be effective except as provided under section 115(c). "(b) REFERENCES.—For purposes of carrying out the provisions of this subsection, references in section 115(c) to a repository shall be considered to refer to a monitored retrievable storage facility and references to a notice of disapproval of a repository site designation under section 116(b) or 118(a) shall be considered to refer to a notice of disapproval under this section. BENEFITS AGREEMENT

"SEC. 147. Once selection of a site for a monitored retrievable 42 USC 10167. storage facility is made by the Secretary under section 145, the Indian tribe on whose reservation the site is located, or, in the case that the site is not located on a reservation, the State in which the site is located, shall be eligible to enter into a benefits agreement with the Secretary under section 170. CONSTRUCTION AUTHORIZATION

148. (a) ENVIRONMENTAL IMPACT STATEMENT.—(1) Once the selection of a site is effective under section 146, the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply with respect to construction of a monitored retrievable storage facility, except that any environmental impact statement prepared with respect to such facility shall not be required to "SEC.

42 USC 10168.

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 101 STAT. 1330-236

PUBLIC LAW 100-203—DEC. 22, 1987

consider the need for such faciHty or any alternative to the design criteria for such facility set forth in section 141(b)(1). "(2) Nothing in this section shall be construed to limit the consideration of alternative facility designs consistent with the criteria described in section 141(b)(1) in any environmental impact statement, or in any licensing procedure of the Commission, with respect to any monitored retrievable storage facility authorized under section 142(b). "(b) APPLICATION FOR CONSTRUCTION LICENSE.—Once the selection

H,r,r,ji; X

of a site for a monitored retrievable storage facility is effective under section 146, the Secretary may submit an application to the Commission for a license to construct such a facility as part of an integrated nuclear waste management system and in accordance with the provisions of this section and applicable agreements under this Act affecting such facility. "(c) LICENSING.—Any monitored retrievable storage facility authorized pursuant to section 142(b) shall be subject to licensing under section 202(3) of the Energy Reorganization Act of 1974 (42 U.S.C. 5842(3)). In reviewing the application filed by the Secretary for licensing of such facility, the Commission may not consider the need for such facility or any alternative to the design criteria for such facility set forth in section 141(b)(1). "(d) LICENSING CONDITIONS.—Any license issued by the Commission for a monitored retrievable storage facility under this section shall provide that— "(1) construction of such facility may not begin until the ,^^ Commission has issued a license for the construction of a reposi,4 tory under section 115(d); "(2) construction of such facility or acceptance of spent nuy, clear fuel or high-level radioactive waste shall be prohibited during such time as the repository license is revoked by the t^ Commission or construction of the repository ceases; ,1 "(3) the quantity of spent nuclear fuel or high-level radios' active waste at the site of such facility at any one time may not ,. exceed 10,000 metric tons of heavy metal until a repository 3* under this Act first accepts spent nuclear fuel or solidified highlevel radioactive waste; and "(4) the quantity of spent nuclear fuel or high-level radioactive waste at the site of such facility at any one time may not exceed 15,000 metric tons of heavy metal. HC

42 USC 10169.

"FINANCIAL ASSISTANCE

.

^'

'\

"SEC. 149. The provisions of section 116(c) or 118(b) with respect to grants, technical assistance, and other financial assistance shall apply to the State, to affected Indian tribes and to affected units of local government in the case of a monitored retrievable storage facility in the same manner as for a repository.".

'3fo:::>?•• h.vf:. <:.:;:. • -.

SEC. 5031. BENEFITS.

PART C—BENEFITS ^ ^

^

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'

Title I of the Nuclear Waste Policy Act of 1982 is further amended by adding at the end the following new subtitles:

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101 STAT. 1330-237

"SUBTITLE F—BENEFITS "BENEFITS AGREEMENTS

"SEC. 170. (a) IN GENERAL.—(1) The Secretary may enter into a 42 USC 10173. benefits agreement with the State of Nevada concerning a repository or with a State or an Indian tribe concerning a monitored retrievable storage facility for the acceptance of high-level radioactive waste or spent nuclear fuel in that State or on the reservation of that tribe, as appropriate. "(2) The State or Indian tribe may enter into such an agreement only if the State Attorney General or the appropriate governing authority of the Indian tribe or the Secretary of the Interior, in the absence of an appropriate governing authority, as appropriate, certifies to the satisfaction of the Secretary that the laws of the State or Indian tribe provide adequate authority for that entity to enter into the benefits agreement. "(3) Any benefits agreement with a State under this section shall be negotiated in consultation with affected units of local government in such State. "(4) Benefits and payments under this subtitle may be made available only in accordance with a benefits agreement under this section. "(b) AMENDMENT.—A benefits agreement entered into under subsection (a) may be amended only by the mutual consent of the parties to the agreement and terminated only in accordance with section 173. "(c) AGREEMENT WITH NEVADA.—The Secretary shall offer to enter into a benefits agreement with the Governor of Nevada. Any benefits agreement with a State under this subsection shall be negotiated in consultation with any affected units of local government in such State. "(d) MONITORED RETRIEVABLE STORAGE.—The Secretary shall offer to enter into a benefits agreement relating to a monitored retrievable storage facility with the governing body of the Indian tribe on whose reservation the site for such facility is located, or, if the site is not located on a reservation, with the Governor of the State in which the site is located and in consultation with affected units of local government in such State. "(e) LIMITATION.—Only one benefits agreement for a repository and only one benefits agreement for a monitored retrievable storage facility may be in effect at any one time. "(f) JUDICIAL REVIEW.—Decisions of the Secretary under this section are not subject to judicial review. CONTENT OF AGREEMENTS

"SEC. 171. (a) IN GENERAL.—(1) In addition to the benefits to which 42 USC 10173a. a State, an affected unit of local government or Indian tribe is entitled under title I, the Secretary shall make payments to a State or Indian tribe that is a party to a benefits agreement under section 170 in accordance with the following schedule:

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 101 STAT. 1330-238

PUBLIC LAW 100-203—DEC. 22, 1987 ,

"BENEFITS SCHEDULE (amounts in $ millions)

Event (A) Annual payments prior to first spent fuel receipt (B) Upon first spent fuel receipt (C) Annual payments after first spent fuel receipt until closure of the facility

MRS 5 10

Repository 10 20

10

20

"(2) For purposes of this section, the term— "(A) 'MRS' means a monitored retrievable storage facility, "(B) 'spent fuel' means high-level radioactive waste or spent nuclear fuel, and "(C) 'first spent fuel receipt' does not include receipt of spent fuel or high-level radioactive waste for purposes of testing or operational demonstration. "(3) Annual payments prior to first spent fuel receipt under paragraph (1)(A) shall be made on the date of execution of the benefits agreement and thereafter on the anniversary date of such execution. Annual payments after the first spent fuel receipt until closure of the facility under paragraph (1)(C) shall be made on the anniversary date of such first spent fuel receipt. "(4) If the first spent fuel payment under paragraph (1)(B) is made within six months after the last annual payment prior to the receipt of spent fuel under paragraph (1)(A), such first spent fuel payment under paragraph (1)(B) shall be reduced by an amount equal to onetwelfth of such annual payment under paragraph (I)(A) for each full month less than six that has not elapsed since the last annual payment under paragraph (1)(A). "(5) Notwithstanding paragraph (1), (2), or (3), no payment under this section may be made before January 1, 1989, and any payment due under this title before January 1, 1989, shall be made on or after such date. "(6) Except as provided in paragraph (7), the Secretary may not restrict the purposes for which the payments under this section may be used. "(7)(A) Any State receiving a payment under this section shall transfer an amount equal to not less than one-third of the amount of such payment to affected units of local government of such State. "(B) A plan for this transfer and appropriate allocation of such portion among such governments shall be included in the benefits agreement under section 170 covering such payments. "(C) In the event of a dispute concerning such plan, the Secretary shall resolve such dispute, consistent with this Act and applicable State law. "(b) CONTENTS.—A benefits agreement under section 170 shall provide that— "(1) a Review Panel be established in accordance with section 172; "(2) the State or Indian tribe that is party to such agreement waive its rights under title I to disapprove the recommendation of a site for a repository; "(3) the parties to the agreement shall share with one another information relevant to the licensing process for the repository or monitored retrievable storage facility, as it becomes available;

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 PUBLIC LAW 100-203—DEC. 22, 1987

101 STAT. 1330-239

"(4) the State or Indian tribe that is party to such agreement participate in the design of the repository or monitored retrievable storage facility and in the preparation of documents required under law or regulation governing the effects of the facility on the public health and safety; and "(5) the State or Indian tribe waive its rights, if any, to impact assistance under sections 116(c)(l)(B)(ii), 116(c)(2), 118(b)(2)(A)(ii), and 118(b)(3). "(c) The Secretary shall make payments to the States or affected Indian tribes under a benefits agreement under this section from the Waste Fund. The signature of the Secretary on a valid benefits agreement under section 170 shall constitute a commitment by the United States to make payments in accordance with such agreement. "REVIEW PANEL

"SEC. 172. (a) IN GENERAL.—The Review Panel required to be 42 USC 10173b. established by section 171(b)(l) of this Act shall consist of a Chairman selected by the Secretary in consultation with the Governor of the State or governing body of the Indian tribe, as appropriate, that is party to such agreement and 6 other members as follows: "(1) 2 members selected by the Governor of such State or governing body of such Indian tribe; "(2) 2 members selected by units of local government affected by the repository or monitored retrievable storage facility; "(3) 1 member to represent persons making payments into the Waste Fund, to be selected by the Secretary; and "(4) 1 member to represent other public interests, to be selected by the Secretary. » "(b) TERMS.—(1) The members of the Review Panel shall serve for terms of 4 years each. "(2) Members of the Review Panel who are not full-time employees of the Federal Government, shall receive a per diem compensation for each day spent conducting work of the Review Panel, including their necessary travel or other expenses while engaged in the work of the Review Panel. "(3) Expenses of the Panel shall be paid by the Secretary from the Waste Fund. "(c) DUTIES.—The Review Panel shall— "(1) advise the Secretary on matters relating to the proposed repository or monitored retrievable storage facility, including issues relating to design, construction, operation, and decommissioning of the facility; "(2) evaluate performance of the repository or monitored retrievable storage facility, as it considers appropriate; "(3) recommend corrective actions to the Secretary; "(4) assist in the presentation of State or affected Indian tribe and local perspectives to the Secretary; and "(5) participate in the planning for and the review of preoperational data on environmental, demographic, and socioeconomic conditions of the site and the local community. "(d) INFORMATION.—The Secretary shall promptly make available promptly any information in the Secretary's possession reouested by the Panel or its Chairman. "(e) FEDERAL ADVISORY COMMITTEE ACT.—The requirements of the Federal Advisory Committee Act shall not apply to a Review Panel established under this title.

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 101 STAT. 1330-240

PUBLIC LAW 100-203—DEC. 22, 1987 TERMINATION

42 USC 10173c.

" SEC. 173. (a) IN GENERAL.—The Secretary may term i n a t e a benefits a g r e e m e n t under this title if— "(1) the site under consideration is disqualified for its failure t to comply with guidelines and technical requirements estab(*; lished by the Secretary in accordance with this Act; or "(2) the Secretary determine s that the Commission cannot license the facility within a reasonable time. "(b) TERMINATION BY STATE OR INDIAN T R I B E. — A State or Indian

tribe may term i n a t e a benefits a g r e e m e n t under this title only if the Secretary disqualifies the site under consideration for its failure to comply with technical requirements established by the Secretary in accordance with this Act or the Secretary determines that the Commission cannot license the facility within a reasonable time. "(c) DECISIONS O F THE SECRETARY.—Decisions of the

ifiVfCi A J uf -

Secretary

under this section shall b e in writing, shall be available to Congress and the public, and a r e not subject to judicial review. "SUBTITLE G — OTHER BENEFITS CONSIDERATION I N SITING FACILITIES

42 USC 10174.

" SEC. 174. The Secretary, in siting Federal research projects, shall give special consideration to proposals from States where a repository is located. "REPORT

42 USC 10174a.

" SEC. 175. (a) IN GENERAL.—Within o n e year of the date of the e n a c t m e n t of the Nuclear W a s t e Policy Amendments Act of 1987, the Secretary shall report to Congress on the potential impacts of locating a repository a t the Yucca Mountain site, including the recommendations of the Secretary for mitigation of such impacts and a statement of which impacts should be dealt with by the Federal Government, which should be dealt with by the State with State resources, including the benefits payments under section 171, and which should be a joint Federal-State responsibility. The report under this subsection shall include the analysis of the Secretary of the authorities available to mitigate these impacts and the appropriate sources of funds for such mitigation. "(b) IMPACTS TO B E ' ^ C O N S I D E R E D. — P o t e n t i a l i m p a c t s to be ad-

dressed in the report under this subsection (a) shall include impacts on— "(1) education, including facilities and personnel for elem e n t a r y and secondary schools, community colleges, vocational and technical schools and universities; sd' "(2) public health, including the facilities and personnel for t r e a t m e n t and distribution of water, the t r e a t m e n t of sewage, Ic the control of pests and the disposal of solid waste; "(3) law enforcement, including facilities and personnel for the courts, police and sheriffs d e part m e n t s, district attorneys vd "(4) fire protection, including personnel, the construction of fire stations, and the acquisition of equipment; "(5) medical care, including emergency services and hospitals; ' Copy read "TO BE"
 * v and public defenders and prisons;

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^ ji.r

101 STAT. 1330-241

"(6) cultural and recreational needs, including facilities and personnel for libraries and museums and the acquisition and expansion of parks; "(7) distribution of public lands to allow for the timely expansion of existing, or creation of new, communities and the construction of necessary residential and commercial facilities; "(8) vocational training and employment services; "(9) social services, including public assistance programs, vocational and physical rehabilitation programs, mental health services, and programs relating to the abuse of alcohol and controlled substances; "(10) transportation, including any roads, terminals, airports, bridges, or railways associated with the facility and the repair and maintenance of roads, terminals, airports, bridges, or railways damaged as a result of the construction, operation, and closure of the facility; "(11) equipment and training for State and local personnel in the management of accidents involving high-level radioactive waste; , "(12) availability of energy; "(13) tourism and economic development, including the potential loss of revenue and future economic growth; and "(14) other needs of the State and local governments that would not have arisen but for the characterization of the site and the construction, operation, and eventual closure of the repository facility.".

"''' -

SEC. 5032. PARTICIPATION OF STATES.

(a) FINANCIAL ASSISTANCE.—Section 116(c) of the Nuclear Waste <.• Policy Act of 1982 (42 U.S.C. 10136(c)) is amended to read as follows: "(c) FINANCIAL ASSISTANCE.—(I)(A) The Secretary shall make grants to the State of Nevada and any affected unit of local government for the purpose of participating in activities required by this section and section 117 or authorized by written agreement entered into pursuant to section 117(c). Any salary or travel expense that would ordinarily be incurred by such State or affected unit of local government, may not be considered eligible for funding under this paragraph. "(B) The Secretary shall make grants to the State of Nevada and Grants. any affected unit of local government for purposes of enabling such State or affected unit of local government— - ;: "(i) to review activities taken under this subtitle with respect to the Yucca Mountain site for purposes of determining any ' potential economic, social, public health and safety, and environmental impacts of a repository on such State, or affected unit of local government and its residents; "(ii) to develop a request for impact assistance under paragraph (2); "(iii) to engage in any monitoring, testing, or evaluation ' activities with respect to site characterization programs with regard to such site; (iv) to provide information to Nevada residents regarding any activities of such State, the Secretary, or the Commission with respect to such site; and ^ "(v) to request information from, and make comments and ' recommendations to, the Secretary regarding any activities ^ taken under this subtitle with respect to such site.

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 101 STAT. 1330-242

Reports.

Grants.

Grants.

PUBLIC LAW 100-203—DEC. 22, 1987

"(C) Any salary or travel expense that would ordinarily be incurred by the State of Nevada or any affected unit of local government may not be considered eligible for funding under this paragraph. "(2)(A)(i) The Secretary shall provide financial and technical assistance to the State of Nevada, and any affected unit of local government requesting such assistance. "(ii) Such assistance shall be designed to mitigate the impact on such State or affected unit of local government of the development of such repository and the characterization of such site. "(iii) Such assistance to such State or affected unit of local government of such State shall commence upon the initiation of site characterization activities. "(B) The State of Nevada and any affected unit of local government may request assistance under this subsection by preparing and submitting to the Secretary a report on the economic, social, public health and safety, and environmental impacts that are likely to result from site characterization activities at the Yucca Mountain site. Such report shall be submitted to the Secretary after the Secretary has submitted to the State a general plan for site characterization activities under section 113(b). "(C) As soon as practicable after the Secretary has submitted such site characterization plan, the Secretary shall seek to enter into a binding agreement with the State of Nevada setting forth— "(i) the amount of assistance to be provided under this subsection to such State or affected unit of local government; and "(ii) the procedures to be followed in providing such assistance. "(3)(A) In addition to financial assistance provided under paragraphs (1) and (2), the Secretary shall grant to the State of Nevada and any affected unit of local government an amount each fiscal year equal to the amount such State or affected unit of local government, respectively, would receive if authorized to tax site characterization activities at such site, and the development and operation of such repository, as such State or affected unit of local government taxes the non-Federal real property and industrial activities occurring within such State or affected unit of local government. "(B) Such grants shall continue until such time as all such activities, development, and operation are terminated at such site. "(4)(A) The State of Nevada or any affected unit of local government may not receive any grant under paragraph (1) after the expiration of the 1-year period following— "(i) the date on which the Secretary notifies the Governor and legislature of the State of Nevada of the termination of site characterization activities at the site in such State; "(ii) the date on which the Yucca Mountain site is disapproved under section 115; or (iii) the date on which the Commission disapproves an application for a construction authorization for a repository at such site; whichever occurs first. "(B) The State of Nevada or any affected unit of local government may not receive any further assistance under paragraph (2) with respect to a site if repository construction activities or site characterization activities at such site are terminated by the Secretary or if such activities are permanently enjoined by any court.

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 PUBLIC LAW 100-203—DEC. 22, 1987

101 STAT. 1330-243

"(C) At the end of the 2-year period beginning on the effective date of any license to receive and possess for a repository in a State, no Federal funds, shall be made available to such State or affected unit of local government under paragraph (1) or (2), except for— "(i) such funds as may be necessary to support activities related to any other repository located in, or proposed to be located in, such State, and for which a license to receive and possess has not been in effect for more than 1 year; "(ii) such funds as may be necessary to support State activities pursuant to agreements or contracts for impact assistance entered into, under paragraph (2), by such State with the Secretary during such 2-year period; and "(iii) such funds as may be provided under an agreement entered into under title IV. "(5) Financial assistance authorized in this subsection shall be made out of amounts held in the Waste Fund. "(6) No State, other than the State of Nevada, may receive financial assistance under this subsection after the date of the enactment of the Nuclear Waste Policy Amendments Act of 1987.". SEC. 5033. PARTICIPATION OF INDIAN TRIBES.

Section 118(b)(5) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10138(b)(5)) is amended by— (1) striking "or" at the end of clause (ii); and (2) adding at the end the following new clause: "(iv) the date of the enactment of the Nuclear Waste Policy Amendments Act of 1987;".

PART D—NUCLEAR WASTE NEGOTIATOR SEC. 5041. NUCLEAR WASTE NEGOTIATOR.

The Nuclear Waste Policy Act of 1982 is amended by adding at the end the following new title: "TITLE IV—NUCLEAR WASTE NEGOTIATOR "DEFINITION

"SEC. 401. For purposes of this title, the term 'State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, any other territory or possession of the United States, and the Republic of the Marshall Islands.

42 USC 10241.

THE OFFICE OF THE NUCLEAR WASTE NEGOTIATOR

"SEC. 402. (a) ESTABLISHMENT.—There is established within the Executive Office of the President the Office of the Nuclear Waste Negotiator. "(b) THE NUCLEAR WASTE NEGOTIATOR.—(1) The Office shall be headed by a Nuclear Waste Negotiator who shall be appointed by the President, by and with the advice and consent of the Senate. The Negotiator shall hold office at the pleasure of the President, and shall be compensated at the rate provided for level III of the Executive Schedule in section 5314 of title 5, United States Code.

42 USC 10242.

President of U.S.

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PUBLIC LAW 100-203—DEC. 22, 1987

"(2) The Negotiator shall attempt to find a State or Indian tribe willing to host a repository or monitored retrievable storage facility at a technically qualified site on reasonable terms and shall negotiate with any State or Indian tribe which expresses an interest in hosting a repository or monitored retrievable storage facility. "DUTIES OF THE NEGOTIATOR

42 USC 10243.

403. (a) NEGOTIATIONS WITH POTENTIAL HOSTS.—(1) The Negotiator shall— "(A) seek to enter into negotiations on behalf of the United States, with—, ^_. "(i) the Governor of any State in which a potential site is "' ~ located; and ^ "(ii) the governing body of any Indian tribe on whose reservation a potential site is located; and "(B) attempt to reach a proposed agreement between the United States and any such State or Indian tribe specifying the terms and conditions under which such State or tribe would agree to host a repository or monitored retrievable storage facility within such State or reservation. "(2) In any case in which State law authorizes any person or entity other than the Governor to negotiate a proposed agreement under this section on behalf of the State, any reference in this title to the Governor shall be considered to refer instead to such other person or entity. "SEC.

"(b) CONSULTATION WITH AFFECTED STATES, SUBDIVISIONS OF STATES, AND TRIBES.—In addition to entering into negotiations under

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-'i-'-

subsection (a), the Negotiator shall consult with any State, affected unit of local government, or any Indian tribe that the Negotiator determines may be affected by the siting of a repository or monitored retrievable storage facility and may include in any proposed agreement such terms and conditions relating to the interest of such States, affected units of local government, or Indian tribes as the Negotiator determines to be reasonable and appropriate. "(c) CONSULTATION WITH OTHER FEDERAL AGENCIES.—The Negotiator may solicit and consider the comments of the Secretary, the Nuclear Regulatory Commission, or any other Federal agency on the suitability of any potential site for site characterization. Nothing in this subsection shall be construed to require the Secretary, the Nuclear Regulatory Commission, or any other Federal agency to make a finding that any such site is suitable for site characterization. "(d) PROPOSED AGREEMENT.—(1) The Negotiator shall submit to the Congress any proposed agreement between the United States and a State or Indian tribe negotiated under subsection (a) and an environmental assessment prepared under section 404(a) for the site concerned. "(2) Any such proposed agreement shall contain such terms and conditions (including such financial and institutional arrangements) as the Negotiator and the host State or Indian tribe determine to be reasonable and appropriate and shall contain such provisions as are necessary to preserve any right to participation or compensation of such State, affected unit of local government, or Indian tribe under sections 116(c), 117, and 118(b). "(3)(A) No proposed agreement entered into under this section shall have legal effect unless enacted into Federal law.

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Page:United States Statutes at Large Volume 101 Part 2.djvu/1039

 PUBLIC LAW 100-203—DEC. 22, 1987

101 STAT. 1330-245

"(B) A State or Indian tribe shall enter into an agreement under this section in accordance with the laws of such State or tribe Nothing in this section may be construed to prohibit the disapproval of a proposed agreement between a State and the United States under this section by a referendum or an act of the legislature of such State. "(4) Notwithstanding any proposed agreement under this section, the Secretary may construct a repository or monitored retrievable storage facility at a site agreed to under this title only if authorized by the Nuclear Regulatory Commission in accordance with the Atomic Energy Act of 1954 (42 U.S.C. 2012 et seq.), title II of the Energy Reorganization Act of 1982 (42 U.S.C. 5841 et seq.) and any other law applicable to authorization of such construction. "ENVIRONMENTAL ASSESSMENT OF SITES

"SEC. 404. (a) IN GENERAL.—Upon the request of the Negotiator, 42 USC 10244. the Secretary shall prepare an environmental assessment of any site that is the subject of negotiations under section 403(a). "(b) CONTENTS.—(1) Each environmental assessment prepared for a repository site shall include a detailed statement of the probable impacts of characterizing such site and the construction and operation of a repository at such site. "(2) Each environmental assessment prepared for a monitored retrievable storage facility site shall include a detailed statement of the probable impacts of construction and operation of such a facility -i Q, at such site. "(c) JUDICIAL REVIEW.—The issuance of an environmental assessment under subsection (a) shall be considered to be a final agency action subject to judicial review in accordance with the provisions of chapter 7 of title 5, United States Code, and section 119. "(d) PuBuc HEARINGS.—(1) In preparing an environmental assessr f.i) ment for any repository or monitored retrievable storage facility site, the Secretary shall hold public hearings in the vicinity of such site to inform the residents of the area in which such site is located that such site is being considered and to receive their comments. "(2) At such hearings, the Secretary shall solicit and receive any recommendations of such residents with respect to issues that should be addressed in the environmental sissessment required under subsection (a) and the site characterization plan described in - ' ' section 113(b)(l). "(e) PuBuc AvAiLABiliTY.—Each environmental assessment prepared under subsection (a) shall be made available to the public. "(f) EVALUATION OF SITES.—(1) In preparing an environmental

assessment under subsection (a), the Secretary shall use available geophysical, geologic, geochemical and hydrologic, and other information and shall not conduct any preliminary borings or excavations at any site that is the subject of such assessment unless— "(A) such preliminary boring or excavation activities were in progress on or before the date of the enactment of the Nuclear Waste Policy Amendments Act of 1987; or "(B) the Secretary certifies that, in the absence of preliminary borings or excavations, adequate information will not be available to satisfy the requirements of this Act or any other law. "(2) No preliminary boring or excavation conducted under this section shall exceed a diameter of 40 inches.

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Page:United States Statutes at Large Volume 101 Part 2.djvu/1040

 101 STAT. 1330-246

PUBLIC LAW 100-203—DEC. 22, 1987 SITE C H A R ACT E R I Z A T I O N; L I C E N S I N G

42 USC 10245.

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"SEC. 405. (a) SiTE CHARACTERIZATION.—Upon enactment of legislation to implement an agreement to site a repository negotiated under section 403(a), the Secretary shall conduct appropriate site characterization activities for the site that is the subject of such agreement subject to the conditions and terms of such agreement. Any such site characterization activities shall be conducted in accordance with section 113, except that references in such section to the Yucca Mountain site and the State of Nevada shall be deemed to refer to the site that is the subject of the agreement and the State or Indian tribe entering into the agreement. "(b) LICENSING.—(1) Upon the completion of site characterization activities carried out under subsection (a), the Secretary shall submit to the Nuclear Regulatory Commission an application for construction authorization for a repository at such site. "(2) The Nuclear Regulatory Commission shall consider an application for a construction authorization for a repository or monitored retrievable storage facility in accordance with the laws applicable to such applications, except that the Nuclear Regulatory Commission shall issue a final decision approving or disapproving the issuance of a construction authorization not later than 3 years after the date of the submission of such application. MONITORED RETRIEVABLE STORAGE

42 USC 10246.

Grants.

"SEC. 406. (a) CONSTRUCTION AND OPERATION.—Upon enactment of

legislation to implement an agreement negotiated under section 403(a) to site a monitored retrievable storage facility, the Secretary shall construct and operate such facility as part of an integrated nuclear waste management system in accordance with the terms and conditions of such agreement. "(b) FINANCIAL ASSISTANCE.—The Secretary may make grants to any State, Indian tribe, or affected unit of local government to assess the feasibility of siting a monitored retrievable storage facility under this section at a site under the jurisdiction of such State, tribe, or affected unit of local government. ENVIRONMENTAL IMPACT STATEMENT

42 USC 10247.

"SEC. 407. (a) IN GENERAL.—Issuance of a construction authorization for a repository or monitored retrievable storage facility under section 405(b) shall be considered a major Federal action significantly affecting the quality of the human environment for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). "Go) PREPARATION.—A final environmental impact statement shall be prepared by the Secretary under such Act and shall accompany any application to the Nuclear Regulatory Commission for a construction authorization. "(c) ADOPTION.—(1) Any such environmental impact statement shall, to the extent practicable, be adopted by the Nuclear Regulatory Commission, in accordance with section 1506.3 of title 40, Code of Federal Regulations, in connection with the issuance by the Nuclear Regulatory Commission of a construction authorization and license for such repository or monitored retrievable storage facility. "(2)(A) In any such statement prepared with respect to a repository to be constructed under this title at the Yucca Mountain site,

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101 STAT. 1330-247

the Nuclear Regulatory Commission need not consider the need for a repository, the time of initial availability of a repository, a l t e r n a t e sites to the Yucca Mountain site, or nongeologic alternatives to such site. "(B) In any such statement prepared with respect to a repository to be constructed under this title at a site other than the Yucca Mountain site, the Nuclear Regulatory Commission need not consider the need for a repository, the t i m e of initial availability of a repository, or nongeologic alternatives to such site but shall consider the Yucca M o u n t a i n site as an a l t e r n a t e to such site in the preparation of such statement. "ADMINISTRATIVE POWERS OF THE NEGOTIATOR

" SEC. 408. In carrying out his functions under this title, the Negotiator may— "(1) appoint such officers and employees as he determines to be necessary and prescribe their duties; "(2) obtain services as authorized by section 3109 of title 5, United States Code, at r a t e s not to exceed the r a t e prescribed for grade GS-18 of the General Schedule by section 5332 of title 5, United States Code; "(3) promulgate such rules and regulations as may be necessary to carry out such functions; "(4) utilize the services, personnel, and facilities of other Federal agencies (subject to the consent of the head of any such agency); "(5) for purposes of performing administrative functions under this title, and to the e x t e n t funds a r e appropriated, enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary and on such term s as the Negotiator determines to be appropriate, with any agency or i n s t r u m e n t a l i t y of the United States, or with any public or private person or entity; "(6) accept voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31, United States Code; "(7) adopt a n official seal, which shall be judicially noticed; "(8) use the United States mails in the s a m e m a n n e r and under the s a m e conditions as other d e part m e n t s and agencies of the United States; "(9) hold such hearings as a r e necessary to determine the views of interested parties and the general public; and "(10) appoint advisory committees under the Federal Advisory Committee Act (5 U.S.C. App.).

42 USC 10248.

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Contracts.:;. .i:.L.ir.;,

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"COOPERATION OF OTHER DEPARTMENTS AND AGENCIES

" SEC. 409. Each d e part m e n t, agency, and i n s t r u m e n t a l i t y of the United States, including any independent agency, may furnish the Negotiator such information as h e determines to be necessary to c a r r y out his functions under this title.

42 USC 10249.

"TERMINATION OF THE OFFICE

" SEC. 410. The Office shall cease to exist not later than 30 days after the date 5 years after the date of the e n a c t m e n t of the Nuclear W a s t e Policy Amendments Act of 1987.

42 USC 10250.

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Page:United States Statutes at Large Volume 101 Part 2.djvu/1042

 101 STAT. 1330-248

PUBLIC LAW 100-203—DEC. 22, 1987 AUTHORIZATION OF APPROPRIATIONS

42 USC 10251.

•

-

"SEC. 411. Notwithstanding subsection (d) of section 302, and subject to subsection (e) of such section, there are authorized to be appropriated for expenditures from amounts in the Waste Fund established in subsection (c) of such section, such sums as may be necessary to carry out the provisions of this title.".

PART E—NUCLEAR WASTE TECHNICAL REVIEW BOARD SEC. 5051. NUCLEAR WASTE TECHNICAL REVIEW BOARD.

The Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.) is further amended by adding at the end the following new title: "TITLE V—NUCLEAR WASTE TECHNICAL REVIEW BOARD "DEFINITIONS 42 USC 10261.

"SEC. 501. As used in this title: "(1) The term 'Chairman' means the Chairman of the Nuclear Waste Technical Review Board. "(2) The term 'Board' means the Nuclear Waste Technical Review Board established under section 502. " N U C L E A R W A S T E TECHNICAL REVIEW BOARD

"SEC. 502. (a) ESTABLISHMENT.—There is established a Nuclear Waste Technical Review Board that shall be an independent establishment within the executive branch. President of U.S. "Oa) MEMBERS.—(1) The Board shall consist of 11 members who shall be appointed by the President not later than 90 days after the date of the enactment of the Nuclear Waste Policy Amendments Act of 1987 from among persons nominated by the National Academy of Sciences in accordance with paragraph (3). "(2) The President shall designate a member of the Board to serve President of U.S. as chairman. "(3)(A) The National Academy of Sciences shall, not later than 90 days after the date of the enactment of the Nuclear Waste Policy Amendments Act of 1987, nominate not less than 22 persons for appointment to the Board from among persons who meet the qualifications described in subparagraph (C). "(B) The National Academy of Sciences shall nominate not less than 2 persons to fill any vacancy on the Board from among persons who meet the qualifications described in subparagraph (C). "(C)(i) Each person nominated for appointment to the Board shall be"(I) eminent in a field of science or engineering, including environmental sciences; and "(II) selected solely on the basis of established records of distinguished service. "(ii) The membership of the Board shall be representative of the broad range of scientific and engineering disciplines related to activities under this title. "(iii) No person shall be nominated for appointment to the Board OdSD? who is an employee of— "(I) the Department of Energy; 42 USC 10262.

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 PUBLIC LAW 100-203—DEC. 22, 1987

101 STAT. 1330-249

"(11) a national laboratory under contract with the Department of Energy; or "(III) an entity performing high-level radioactive waste or spent nuclear fuel activities under contract with the Department of Energy. "(4) Any vacancy on the Board shall be filled by the nomination and appointment process described in paragraphs (1) and (3). "(5) Members of the Board shall be appointed for terms of 4 years, each such term to commence 120 days after the date of enactment of the Nuclear Waste Policy Amendments Act of 1987, except that of the 11 members first appointed to the Board, 5 shall serve for 2 years and 6 shall serve for 4 years, to be designated by the President at the time of appointment. FUNCTIONS

"SEC. 503. The Board shall evaluate the technical and scientific validity of activities undertaken by the Secretary after the date of the enactment of the Nuclear Waste Policy Amendments Act of 1987, including— "(1) site characterization activities; and "(2) activities relating to the packaging or transportation of high-level radioactive waste or spent nuclear fuel. i

42 USC 10263.

INVESTIGATORY POWERS

"SEC. 504. (a) HEARINGS.—Upon request of the Chairman or a majority of the members of the Board, the Board may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Board considers appropriate. Any member of the Board may administer oaths or affirmations to witnesses appearing before the Board, "(b) PRODUCTION OF DOCUMENTS.—(1) Upon the request of the Chairman or a majority of the members of the Board, and subject to existing law, the Secretary (or any contractor of the Secretary) shall provide the Board with such records, files, papers, data, or information as may be necessary to respond to any inquiry of the Board under this title. "(2) Subject to existing law, information obtainable under paragraph (1) shall not be limited to final work products of the Secretary, but shall include drafts of such products and documentation of work in progress.

42 USC 10264.

"COMPENSATION OF MEMBERS

"SEC. 505. (a) IN GENERAL.—Each member of the Board shall be paid at the rate of pay payable for level III of the Executive Schedule for each day (including travel time) such member is engaged in the work of the Board. "(b) TRAVEL EXPENSES.—Each member of the Board may receive travel expenses, including per diem in lieu of subsistence, in the same manner as is permitted under sections 5702 and 5703 of title 5, United States Code.

42 USC 10265.

,>ai< St

"STAFF

506. (a) CLERICAL STAFF.—(1) Subject to paragraph (2), the Chairman may appoint and fix the compensation of such clerical "SEC.

42 USC 10266.

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 101 STAT. 1330-250

PUBLIC LAW 100-203—DEC. 22, 1987

staff as may be necessary to discharge the responsibihties of the Board. "(2) Clerical staff shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. "(b) PROFESSIONAL STAFF.—(1) Subject to paragraphs (2) and (3), the Chairman may appoint and fix the compensation of such professional staff as may be necessary to discharge the responsibilities of the Board. "(2) Not more than 10 professional staff members may be appointed under this subsection. "(3) Professional staff members may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for GS-18 of the General Schedule. "SUPPORT SERVICES

42 USC 10267.

J

507. (a) GENERAL SERVICES.—To the extent permitted by law and requested by the Chairman, the Administrator of General Services shall provide the Board with necessary administrative services, facilities, and support on a reimbursable basis. "SEC.

"Oa) ACCOUNTING, RESEARCH, AND TECHNOLOGY ASSESSMENT SERV-

ICES.—The Comptroller General, the Librarian of Congress, and the Director of the Office of Technology Assessment shall, to the extent permitted by law and subject to the availability of funds, provide the Board with such facilities, support, funds and services, including staff, as may be necessary for the effective performance of the functions of the Board. "(c) ADDITIONAL SUPPORT.—Upon the request of the Chairman, the

Board may secure directly from the head of any department or agency of the United States information necessary to enable it to carry out this title, "(d) MAILS.—The Board may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. "(e) EXPERTS AND CONSULTANTS.—Subject to such rules as may be prescribed by the Board, the Chairman may procure temporary and intermittent services under section 310900) of title 5 of the United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS-18 of the General Schedule. "REPORT

42 USC 10268.

"SEC. 508. The Board shall report not less than 2 times per year to Congress and the Secretary its findings, conclusions, and recommendations. The first such report shall be submitted not later than 12 months after the date of the enactment of the Nuclear Waste Policy Amendments Act of 1987.

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 PUBLIC LAW 100-203—DEC. 22, 1987

101 STAT. 1330-251

AUTHORIZATION OF APPROPRIATIONS

"SEC. 509. Notwithstanding subsection (d) of section 302, and 42 USC 10269. subject to subsection (e) of such section, there are authorized to be appropriated for expenditures from amounts in the Waste Fund established in subsection (c) of such section such sums as may be necessary to carry out the provisions of this title. " TERMINATION OF THE BOARD

"SEC. 510. The Board shall cease to exist not later than 1 year 42 USC 10270. after the date on which the Secretary begins disposal of high-level radioactive waste or spent nuclear fuel in a repository.".

PART F—MISCELLANEOUS SEC. 5061. TRANSPORTATION.

Title I of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 1012110171) is further amended by adding at the end the following new subtitle: "SUBTITLE H—TRANSPORTATION ' 'TRANSPORTATION

"SEC. 180. (a) No spent nuclear fuel or high-level radioactive waste 42 USC 10175. may be transported by or for the Secretary under subtitle A or under subtitle C except in packages that have been certified for such purpose by the Commission. "(b) The Secretary shall abide by regulations of the Commission regarding advance notification of State and local governments prior to transportation of spent nuclear fuel or high-level radioactive waste under subtitle A or under subtitle C. "(c) The Secretary shall provide technical assistance and funds to States for training for public safety officials of appropriate units of local government and Indian tribes through whose jurisdiction the Secretary plans to transport spent nuclear fuel or high-level radioactive waste under subtitle A or under subtitle C. Training shall cover procedures required for safe routine transportation of these materials, as well as procedures for dealing with emergency response situations. The Waste Fund shall be the source of funds for work carried out under this subsection.". SEC. 5062. TRANSPORTATION OF PLUTONIUM BY AIRCRAFT THROUGH 42 USC 5841 UNITED STATES AIR SPACE. note. (a) IN GENERAL.—Notwithstanding any other provision of law, no form of plutonium may be transported by aircraft through the air space of the United States from a foreign nation to a foreign nation unless the Nuclear Regulatory Commission has certified to Congress that the container in which such plutonium is transported is safe, as determined in accordance with subsection (b), the second undesignated paragraph under section 201 of Public Law 94-79 (89 Stat. 413; 42 U.S.C. 5841 note), and all other applicable laws. (b) RESPONSIBIUTIES OF THE NUCLEAR REGULATORY COMMISSION.— (1) DETERMINATION OF SAFETY.—The Nuclear Regulatory

Commission shall determine whether the container referred to in subsection (a) is safe for use in the transportation of plutonium by aircraft and transmit to Congress a certification for the

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 101 STAT. 1330-252

PUBLIC LAW 100-203—DEC. 22, 1987

purposes of such subsection in the case of each container determined to be safe. Hr. ', k t. ^2) TESTING.—In order to make a determination with respect to a container under paragraph (1), the Nuclear Regulatory Commission shall— (A) require an actual drop test from maximum cruising altitude of a full-scale sample of such container loaded with test materials; and (B) require an actual crash test of a cargo aircraft fully ''^ . jr . Tij, > >. test material unless the Commission determines, after consultation with an independent scientific review panel, that the stresses on the container produced by other tests used in developing the container exceed the stresses which would occur during a worst case plutonium air shipment accident. (3) LIMITATION.—The Nuclear Regulatory Commission may I y not certify under this section that a container is safe for use in ,;, the transportation of plutonium by aircraft if the container ruptured or released its contents during testing conducted in accordance with paragraph (2). (4) EVALUATION.—The Nuclear Regulatory Commission shall evaluate the container certification required by title II of the Energy Reorganization Act of 1974 (42 U.S.C. 5841 et seq.) and fT I 7. V subsection (a) in accordance with the National Environmental ? Policy Act of 1969 (83 Stat. 852; 42 U.S.C. 4321 et seq.) and all other applicable law. (c) CONTENT OF CERTIFICATION.—A certification referred to in subsection (a) with respect to a container shall include— (1) the determination of the Nuclear Regulatory Commission as to the safety of such container; (2) a statement that the requirements of subsection (b)(2) were satisfied in the testing of such container; and (3) a statement that the container did not rupture or release its contents into the environment during testing. (d) DESIGN OF TESTING PROCEDURES.—The tests required by subsection (b) shall be designed by the Nuclear Regulatory Commission to replicate actual worst case transportation conditions to the maximum extent practicable. In designing such tests, the Commission shall provide for public notice of the proposed test procedures, provide a reasonable opportunity for public comment on such procei > IB' Si dures, and consider such comments, if any. a o:
 * loaded with full-scale samples of such container loaded with

(e) TESTING RESULTS: REPORTS AND PUBLIC DISCLOSURE.—The Nu-

clear Regulatory Commission shall transmit to Congress a report on the results of each test conducted under this section and shall make such results available to the public. President of U.S.

(f) ALTERNATIVE ROUTES AND M E A N S OF TRANSPORTATION.—With

respect to any shipments of plutonium from a foreign nation to a foreign nation which are subject to United States consent rights contained in an Agreement for Peaceful Nuclear Cooperation, the President is authorized to make every effort to pursue and conclude arrangements for alternative routes and means of transportation, including sea shipment. All such arrangements shall be subject to stringent physical security conditions, and other conditions designed " Copy read "full".

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101 STAT. 1330-253

to protect the public health and safety, and provisions of this section, and all other applicable laws. (g) INAPPLICABILITY TO MEDICAL DEVICES.—Subsections (a) through (e) shall not apply with respect to plutonium in any form contained in a medical device designed for individual human application. (h) INAPPLICABILITY TO MILITARY USES.—Subsections (a) through (e) shall not apply to plutonium in the form of nuclear weapons nor to other shipments of plutonium determined by the Department of Energy to be directly connected with the United States national security or defense programs.

'.',.

(i) INAPPLICABILITY TO PREVIOUSLY CERTIFIED CONTAINERS.—This

section shall not apply to any containers for the shipment of plutonium previously certified as safe by the Nuclear Regulatory Commission under Public Law 94-79 (89 Stat. 413; 42 U.S.C. 5841 note). (j) PAYMENT OF COSTS.—All costs incurred by the Nuclear Regulatory Commission associated with the testing program required by this section, and administrative costs related thereto, shall be reimbursed to the Nuclear Regulatory Commission by any foreign country receiving plutonium shipped through United States airspace in containers specified by the Commission. SEC. 5063. SUBSEABED DISPOSAL.

Title II of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 1019110203) is amended by adding at the end the following new section: "SUBSEABED DISPOSAL

"SEC. 224. (a) STUDY.—Within 270 days after the date of the Reports. enactment of the Nuclear Waste Policy Amendments Act of 1987, 42 USC 10204. the Secretary shall report to Congress on subseabed disposal of spent ^ ^,,,, nuclear fuel and high-level radioactive waste. The report under this subsection shall include— "(1) an assessment of the current state of knowledge of subseabed disposal as an alternative technology for disposal of spent nuclear fuel and high-level radioactive waste; "(2) an estimate of the costs of subseabed disposal; "(3) an analysis of institutional factors associated with subseabed disposal, including international aspects of a decision of the United States to proceed with subseabed disposal as an option for nuclear waste management; "(4) a full discussion of the environmental and public health and safety aspects of subseabed disposal; "(5) recommendations on alternative ways to structure an effort in research, development, and demonstration with respect ii.jac ' to subseabed disposal; and "(6) the recommendations of the Secretary with respect to research, development and demonstration in subseabed disposal of spent nuclear fuel and hiffh-level radioactive waste. "Ob) OFFICE OF SUBSEABED DISPOSAL RESEARCH.—(1) There is Establishment. hereby established an Office of Subseabed Disposal Research within the Office of Enersy Research of the Department of Energy. The Office shall be headed by the Director, who shall be a member of the Senior Executive Service appointed by the Director of the Office of Energy Research, and compensatea at a rate determined by applicable law.

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