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116TH CONGRESS
1ST SESSION H. R. 3136
To direct the Secretary of Energy to establish a program for the interim
storage of high-level radioactive waste and spent nuclear fuel, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 5, 2019
Ms. MATSUI introduced the following bill; which was referred to the
Committee on Energy and Commerce
A BILL
To direct the Secretary of Energy to establish a program
for the interim storage of high-level radioactive waste
and spent nuclear fuel, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Storage and Transpor-
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tation Of Residual and Excess Nuclear Fuel Act of 2019’’,
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or the ‘‘STORE Nuclear Fuel Act of 2019’’.
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•HR 3136 IH
SEC. 2. INTERIM STORAGE.
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(a) IN GENERAL.—Title I of the Nuclear Waste Pol-
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icy Act of 1982 (42 U.S.C. 10121 et seq.) is amended
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by adding at the end the following:
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‘‘Subtitle I—Interim Storage
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‘‘SEC. 190. DEFINITIONS.
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‘‘In this subtitle:
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‘‘(1) CONTRACT HOLDER.—The term ‘contract
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holder’ means any person who—
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‘‘(A) generates or holds title to spent nu-
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clear fuel and high-level radioactive waste gen-
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erated at a civilian nuclear power reactor; and
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‘‘(B) has entered into a contract for the
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disposal of spent nuclear fuel and high-level ra-
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dioactive waste under section 302(a).
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‘‘(2) EMERGENCY DELIVERY.—
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‘‘(A) IN GENERAL.—The term ‘emergency
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delivery’ means spent nuclear fuel and high-
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level radioactive waste accepted by the Sec-
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retary for storage prior to the date provided in
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the contractual delivery commitment schedule of
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the standard contract for disposal of spent nu-
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clear fuel and radioactive waste pursuant to
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section 302(a).
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‘‘(B) INCLUSION.—The term ‘emergency
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delivery’ may include, at the discretion of the
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•HR 3136 IH
Secretary, spent nuclear fuel and high-level ra-
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dioactive waste generated by an atomic energy
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defense activity that is required to be removed
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from a Department of Energy facility—
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‘‘(i) pursuant to a compliance agree-
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ment; or
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‘‘(ii) to eliminate an imminent and se-
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rious threat to the health and safety of the
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public or the common defense and security.
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‘‘(3) PRIORITY
WASTE.—The term ‘priority
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waste’ means—
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‘‘(A) any emergency delivery; and
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‘‘(B) spent nuclear fuel or high-level radio-
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active waste from a civilian nuclear power reac-
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tor that has been permanently shut down.
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‘‘(4) STORAGE
FACILITY.—The term ‘storage
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facility’ means a facility for the consolidated storage
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of spent nuclear fuel and high-level radioactive waste
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from multiple contract holders or the Secretary
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pending the disposal of the spent nuclear fuel and
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high-level radioactive waste in a repository.
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‘‘SEC. 191. PROGRAM FOR STORAGE FACILITIES.
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‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary
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shall establish a program under which the Secretary
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may—
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•HR 3136 IH
‘‘(1) site, construct, and operate one or more
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storage facilities licensed by the Commission under
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the Atomic Energy Act of 1954; and
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‘‘(2) store, pursuant to a storage contract, high-
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level radioactive waste or spent nuclear fuel at a
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storage facility for which a non-Federal entity holds
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a license issued by the Commission under such Act.
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‘‘(b) INTERIM
STORAGE
AGREEMENTS
AUTHOR-
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IZED.—
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‘‘(1) IN GENERAL.—The Secretary may enter
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into an agreement with any contract holder for ac-
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ceptance of title pursuant to section 302(a), subse-
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quent transportation, and interim storage of high-
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level radioactive waste or spent nuclear fuel (includ-
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ing to expedite such acceptance of title, transpor-
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tation, and storage of such waste or spent fuel from
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facilities that have ceased commercial operation) at
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a storage facility under this section.
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‘‘(2) PRIORITY WASTE.—In entering into agree-
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ments under paragraph (1), the Secretary shall
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prioritize acceptance of priority waste.
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‘‘(c) PRIORITY.—
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‘‘(1) IN GENERAL.—Except as provided in para-
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graph (2), the Secretary shall prioritize storage au-
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thorized under subsection (a)(2).
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•HR 3136 IH
‘‘(2) EXCEPTION.—
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‘‘(A)
DETERMINATION.—Paragraph
(1)
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shall not apply if the Secretary determines that
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it will be faster and less expensive to site, con-
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struct, and operate a facility authorized under
5
subsection (a)(1), in comparison with a facility
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authorized under subsection (a)(2).
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‘‘(B) NOTIFICATION.—Not later than 30
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days after the Secretary makes a determination
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described in subparagraph (A), the Secretary
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shall submit to Congress written notification of
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such determination.
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‘‘(d) REQUEST FOR PROPOSALS.—
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‘‘(1) IN GENERAL.—Not later than 180 days
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after the date of enactment of this subtitle, the Sec-
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retary shall issue a request for proposals for storage
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authorized under subsection (a)(2)—
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‘‘(A) to obtain any license from the Com-
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mission and any other Federal or State entity
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that is necessary for the construction of one or
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more storage facilities;
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‘‘(B) to safely transport spent nuclear fuel
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and high-level radioactive waste, as applicable,
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to such storage facilities; and
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•HR 3136 IH
‘‘(C) to safely store spent nuclear fuel and
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high-level radioactive waste, as applicable, at
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such storage facilities, pending the construction
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and operation of a repository.
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‘‘(2) GUIDELINES.—
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‘‘(A) IN GENERAL.—The request for pro-
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posals under paragraph (1) shall include gen-
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eral guidelines for storage facilities consistent
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with each requirement of section 112(a) that
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the Secretary determines to be applicable to
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storage under this section.
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‘‘(B) REVISIONS.—The Secretary may re-
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vise the general guidelines as necessary, con-
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sistent with this section.
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‘‘(e) REVIEW OF PROPOSALS.—The Secretary shall
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review each proposal submitted pursuant to subsection (d)
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to evaluate—
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‘‘(1) the extent to which the applicable States,
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affected units of local government, and affected In-
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dian tribes support the proposal;
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‘‘(2) the likelihood that the proposed site for
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the storage facility is suitable for site evaluation
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under the guidelines included under subsection
23
(d)(2);
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•HR 3136 IH
‘‘(3) a reasonable comparative evaluation of the
1
proposed site and other proposed sites;
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‘‘(4) the extent to which spent nuclear fuel and
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high-level radioactive waste are, or are planned to
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be, stored or disposed of within the State;
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‘‘(5) the extent to which the proposal would—
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‘‘(A) enhance the reliability and flexibility
7
of the system for the disposal of spent nuclear
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fuel and high-level radioactive waste, including
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co-location with a proposed repository; and
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‘‘(B) minimize the effects on the public of
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transportation and handling of spent nuclear
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fuel and high-level radioactive waste;
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‘‘(6) potential conflicts with—
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‘‘(A) any compliance agreement requiring
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removal of spent nuclear fuel and high-level ra-
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dioactive waste from a site; or
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‘‘(B) a statutory prohibition on the storage
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or disposal of spent nuclear fuel and high-level
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radioactive waste at a site; and
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‘‘(7) any other criteria, including criteria relat-
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ing to technical or safety specifications, that the
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Secretary determines to be appropriate.
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‘‘(f) SITE SELECTION.—
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•HR 3136 IH
‘‘(1) DETERMINATION OF SUITABILITY.—After
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conducting a review under subsection (e) and any
2
additional site investigation that the Secretary deter-
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mines to be appropriate, the Secretary shall deter-
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mine whether a site is suitable for site evaluation
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under the guidelines included under subsection
6
(d)(2).
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‘‘(2) SELECTION OF SITE FOR EVALUATION.—
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From the sites determined to be suitable for site
9
evaluation under paragraph (1), the Secretary shall
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select at least 1 site for site evaluation, giving pri-
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ority to sites that have been proposed to be co-lo-
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cated with a repository, after—
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‘‘(A) holding a public hearing in the vicin-
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ity of each site; and
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‘‘(B) notifying Congress.
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‘‘(3) COOPERATIVE AGREEMENT.—On selection
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of a site for evaluation under paragraph (2), the
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Secretary may enter into a cooperative agreement
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with the State, affected units of local government,
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and affected Indian tribes, as applicable, that in-
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cludes—
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‘‘(A) terms of financial and technical as-
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sistance to enable each applicable unit of gov-
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ernment to monitor, review, evaluate, comment
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•HR 3136 IH
on, obtain information on, make recommenda-
1
tions on, and mitigate any effects from, site
2
evaluation activities; and
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‘‘(B) any other term that the Secretary de-
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termines to be appropriate.
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‘‘(4) CONSENT-BASED APPROVAL.—
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‘‘(A) IN GENERAL.—If the Secretary deter-
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mines, based on site evaluation under this sub-
8
section, that a site is suitable for developing a
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storage facility, the Secretary may select the
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site for developing such a facility if the Sec-
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retary enters into a consent agreement with—
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‘‘(i) the State in which the site is pro-
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posed to be located;
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‘‘(ii) each affected unit of local gov-
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ernment; and
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‘‘(iii) any affected Indian tribe.
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‘‘(B) BINDING EFFECT.—A consent agree-
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ment entered into under subparagraph (A)—
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‘‘(i) shall be binding on the parties;
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and
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‘‘(ii) shall not be amended or revoked
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except by mutual agreement of the par-
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ties.’’.
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•HR 3136 IH
(b) CONFORMING AMENDMENT.—The table of con-
1
tents for the Nuclear Waste Policy Act of 1982 (42 U.S.C.
2
10101 note) is amended by adding after the item relating
3
to section 180 the following:
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‘‘SUBTITLE I—INTERIM STORAGE
‘‘Sec. 190. Definitions.
‘‘Sec. 191. Program for storage facilities.’’.
SEC. 3. LIMITATION ON COLLECTION OF FEES.
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Section 302(a)(4) of the Nuclear Waste Policy Act
6
of 1982 (42 U.S.C. 10222(a)(4)) is amended—
7
(1) in the first sentence, by striking ‘‘(4) Not
8
later than’’ and inserting the following:
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‘‘(4) COLLECTION AND PAYMENT OF FEES.—
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‘‘(A) IN GENERAL.—Not later than’’; and
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(2) by adding at the end the following:
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‘‘(B) LIMITATION
ON
COLLECTION.—The
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Secretary may not collect a fee established
14
under paragraph (2), including a fee established
15
under paragraph (2) and adjusted pursuant to
16
subparagraph (A), until the date on which the
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Commission issues a final decision approving or
18
disapproving the issuance of a construction au-
19
thorization for a repository under section
20
114(d).’’.
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•HR 3136 IH
SEC. 4. FUNDING.
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Section 302(d) of the Nuclear Waste Policy Act of
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1982 (42 U.S.C. 10222(d)) is amended—
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(1) in paragraph (5), by striking ‘‘; and’’ and
4
inserting a semicolon;
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(2) in paragraph (6), by striking the period at
6
the end and inserting a semicolon; and
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(3) by inserting after paragraph (6) the fol-
8
lowing:
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‘‘(7) carrying out subtitle I of title I, other than
10
consent agreements under section 191(f)(4), except
11
that the Secretary may not expend for such purpose
12
in a fiscal year amounts totaling more than 25 per-
13
cent of the interest generated by the Fund in such
14
fiscal year; and
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‘‘(8)
consent
agreements
under
section
16
191(f)(4).’’.
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Æ
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