,,ii #aafth ,,congress #ast ,session ,s4 #biag ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #bj1 #bjai,mr4 ,barrasso 7for himself and ,mr4 ,cramer7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to amend the ,nuclear ,waste ,policy ,act of #aihb1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,nuclear ,waste ,policy ,amendments ,act of #bjai4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,title ,i--,monitored ,retrievable ,storage,sec4 #aja4 ,monitored retrievable storage4,sec4 #ajb4 ,authorization and priority4,sec4 #ajc4 ,conditions for ,,mrs agreements4,sec4 #ajd4 ,survey4,sec4 #aje4 ,site selection4,sec4 #ajf4 ,benefits agreement4,sec4 #ajg4 ,licensing4,sec4 #ajh4 ,financial assistance4,title ,,ii--,permanent ,repository,sec4 #bja4 ,land withdrawal1 jurisdiction1 and reservation4,sec4 #bjb4 ,application procedures and infrastructure activities4,sec4 #bjc4 ,pending repository license application4,sec4 #bjd4 ,limitation on planning1 development1 or construction of defense waste repository4,sec4 #bje4 ,sense of ,congress regarding transportation routes4,title ,,iii--,,doe ,contract ,performance,sec4 #cja4 ,title to material4,title ,,iv--,benefits ,to ,host ,community,sec4 #dja4 ,consent4,sec4 #djb4 ,content of agreements4,sec4 #djc4 ,covered units of local government4,sec4 #djd4 ,termination4,sec4 #dje4 ,priority funding for certain institutions of higher education4,sec4 #djf4 ,disposal of spent nuclear fuel4,sec4 #djg4 ,updated report4,title ,v--,funding,sec4 #eja4 ,assessment and collection of fees4,sec4 #ejb4 ,use of ,waste ,fund4,sec4 #ejc4 ,annual multiyear budget proposal4,sec4 #ejd4 ,availability of certain amounts4,title ,,vi--,miscellaneous,sec4 #fja4 ,certain standards and criteria4,sec4 #fjb4 ,application4,sec4 #fjc4 ,transportation safety assistance4,sec4 #fjd4 ,office of ,spent ,nuclear ,fuel4,sec4 #fje4 ,subseabed or ocean water disposal4,sec4 #fjf4 ,budgetary effects4,sec4 #fjg4 ,requirement for financial statements summary4,sec4 #fjh4 ,stranded nuclear waste4 ,i ,monitored ,retrievable ,storage #aja4 ,monitored retrievable storage 7a7 ,proposal ,section #ada7;b7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajafa7;b77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking #aihe and inserting #bjai2 and 7,b7 by striking the construction of2 7#b7 in paragraph 7#b7-- 7,a7 by amending subparagraph 7,c7 to read as follows3 7,c7 designs1 specifications1 and cost estimates sufficient to-- 7i7 solicit bids for the construction of one or more such facilities2 and 7ii7 enable completion and operation of such a facility as soon as practicable2 2 7,b7 in subparagraph 7,d71 by striking this ,act4 and inserting this ,act2 and2 and 7,c7 by adding at the end the following3 7,e7 options to enter into ,,mrs agreements with respect to one or more monitored retrievable storage facilities4 2 and 7#c7 by amending paragraph 7#d7 to read as follows3 7#d7 ,the ,secretary shall1 not later than #ij days after the date of enactment of the ,nuclear ,waste ,policy ,amendments ,act of #bjai1 publish a request for information to help the ,secretary evaluate options for the ,secretary to enter into ,,mrs agreements with respect to one or more monitored retrievable storage facilities4 4 7b7 ,additional amendments 7#a7 ,in general ,section #ada of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajafa7 is further amended-- 7,a7 in subsection 7c77#b7-- 7i7 by striking ,if the ,congress and all that follows through monitored retrievable storage facility1 the and inserting ,the2 and 7ii7 by striking construction of such facility and inserting construction of a monitored retrievable storage facility2 and 7,b7 by striking subsections 7d7 through 7h74 7#b7 ,definitions ,section #b of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajaja7 is amended-- 7,a7 in paragraph 7#cd71 by striking the storage facility and inserting a storage facility2 and 7,b7 by adding at the end the following3 7#ce7 ,the term ,,mrs agreement means a cooperative agreement1 contract1 or other mechanism that the ,secretary considers appropriate to support the storage of ,department-owned civilian waste in one or more monitored retrievable storage facilities as authorized under section #adb7;b77#b74 7#cf7 ,the term ,department-owned civilian waste means high-level radioactive waste1 or spent nuclear fuel1 resulting from civilian nuclear activities1 to which the ,department holds title4 4 7#c7 ,technical amendments ,section #adf of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajaff7 is amended-- 7,a7 in subsection 7a71 by striking such subsection and inserting subsection 7f7 of such section2 and 7,b7 in subsection 7b71 by striking this subsection and inserting this section4 #ajb4 ,authorization and priority ,section #adb of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajafb7 is amended by striking subsection 7b7 and inserting the following3 7b7 ,authorization ,subject to the requirements of this subtitle1 the ,secretary is authorized to-- 7#a7 site1 construct1 and operate one or more monitored retrievable storage facilities2 and 7#b7 store1 pursuant to an ,,mrs agreement1 ,department-owned civilian waste at a monitored retrievable storage facility for which a non-,federal entity holds a license described in section #adc7a74 7c7 ,priority 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,secretary shall prioritize storage of ,department-owned civilian waste at a monitored retrievable storage facility authorized under subsection 7b77#b74 7#b7 ,exception 7,a7 ,determination ,paragraph 7#a7 shall not apply if the ,secretary determines that it will be faster and less expensive to site1 construct1 and operate a facility authorized under subsection 7b77#a71 in comparison to a facility authorized under subsection 7b77#b74 7,b7 ,notification ,not later than #cj days after the ,secretary makes a determination described in subparagraph 7,a71 the ,secretary shall submit to ,congress written notification of such determination4 4 #ajc4 ,conditions for ,,mrs agreements 7a7 ,amendment ,section #adc of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajafc7 is amended to read as follows3 #adc4 ,conditions for ,,mrs agreements 7a7 ,in general ,the ,secretary may not enter into an ,,mrs agreement under section #adb7;b77#b7 unless-- 7#a7 the monitored retrievable storage facility with respect to which the ,,mrs agreement applies has been licensed by the ,commission under the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjaa et seq472 7#b7 the non-,federal entity that is a party to the ,,mrs agreement has approval to store ,department-owned civilian waste at such facility from each of-- 7,a7 the ,governor of the ,state in which the facility is located2 7,b7 any unit of general local government with jurisdiction over the area in which the facility is located2 and 7,c7 any affected ,indian tribe2 7#c7 except as provided in subsection 7b71 the ,commission has issued a final repository decision2 and 7#d7 the ,,mrs agreement provides that the quantity of high-level radioactive waste and spent nuclear fuel at the site of the facility at any one time will not exceed the limits described in section #adh7;d77#c7 and 7#d74 7b7 ,initial agreement 7#a7 ,authorization ,the ,secretary may enter into one ,,mrs agreement under section #adb7;b77#b7 before the ,commission has issued a final repository decision4 7#b7 ,funding ,there are authorized to be appropriated to carry out this subsection-- 7,a7 for each of fiscal years #bjbj through #bjbb1 the greater of-- 7i7 #ej1jjj1jjj2 or 7ii7 the amount that is equal to #aj percent of the amounts appropriated from the ,waste ,fund in that fiscal year2 and 7,b7 for each of fiscal years #bjbc through #bjbe1 the amount that is equal to #aj percent of the amounts appropriated from the ,waste ,fund in that fiscal year4 7#c7 ,priority 7,a7 ,in general ,an ,,mrs agreement entered into pursuant to paragraph 7#a7 shall1 to the extent allowable under this ,act 7including under the terms of the standard contract established in section #ifa4aa of title #aj1 ,code of ,federal ,regulations71 provide for prioritization of the storage of ,department-owned civilian waste that originated from any facility that-- 7i7 has ceased commercial operation2 and 7ii7 is located in-- 7,i7 an area that is of high seismicity2 and 7,,ii7 close proximity to a major body of water4 7,b7 ,no effect on standard contract ,nothing in subparagraph 7,a7 shall be construed to amend or otherwise alter the standard contract established in section #ifa4aa of title #aj1 ,code of ,federal ,regulations4 7#d7 ,conditions 7,a7 ,no storage ,except as provided in subparagraph 7,b71 the ,secretary may not store any ,department-owned civilian waste at the initial ,,mrs facility until the ,commission has issued a final repository decision4 7,b7 ,exception 7i7 ,finding ,the ,secretary may make a finding that a final repository decision is imminent1 which finding shall be updated not less often than quarterly until the date on which the ,commission issues a final repository decision4 7ii7 ,storage ,if the ,secretary makes a finding under clause 7i71 the ,secretary may store ,department-owned civilian waste at the initial ,,mrs facility in accordance with this section4 7iii7 ,notice ,not later than #g days after the ,secretary makes or updates a finding under clause 7i71 the ,secretary shall submit to ,congress written notification of such finding4 7iv7 ,reporting ,in addition to the requirements of section #aad7;c71 if the ,secretary makes a finding under clause 7i71 the ,secretary shall submit to ,congress the report described in such section #aad7;c7 not later than #a month after the ,secretary makes such finding and monthly thereafter until the date on which the ,commission issues a final repository decision4 7,c7 ,no effect on ,federal disposal policy ,nothing in this subsection affects the ,federal responsibility for the disposal of high-level radioactive waste and spent nuclear fuel1 or the definite ,federal policy with regard to the disposal of such waste and spent fuel1 established under subtitle ,a1 as described in section #aaa7;b74 7c7 ,definitions ,for purposes of this section3 7#a7 ,final repository decision ,the term final repository decision means a final decision approving or disapproving the issuance of a construction authorization for a repository under section #aad7;d77#a74 7#b7 ,initial ,,mrs facility ,the term initial ,,mrs facility means the monitored retrievable storage facility with respect to which an ,,mrs agreement is entered into pursuant to subsection 7b77#a74 4 7b7 ,conforming amendment ,the item relating to section #adc in the table of contents for the ,nuclear ,waste ,policy ,act of #aihb is amended to read as follows3 ,sec4 #adc4 ,conditions for ,,mrs agreements4 4 #ajd4 ,survey ,section #add of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajafd7 is amended-- 7#a7 by striking ,after the ,,mrs ,commission submits its report to the ,congress under section #adc1 the and inserting 7a7 ,in general4--,the2 7#b7 in the matter preceding paragraph 7#a71 by striking for a monitored retrievable storage facility and inserting for any monitored retrievable storage facility authorized under section #adb2 7#c7 in paragraph 7#f71 by striking 2 and and inserting a semicolon2 7#d7 in paragraph 7#g71 by striking the period at the end and inserting 2 and2 and 7#e7 by adding after paragraph 7#g7 the following3 7#h7 be acceptable to ,state authorities1 affected units of local government1 and affected ,indian tribes4 7b7 ,request for proposals ,the ,secretary shall issue a request for proposals for an ,,mrs agreement authorized under section #adb7;b77#b7 before conducting a survey and evaluation under subsection 7a71 and shall consider any proposals received in response to such request in making the evaluation4 4 #aje4 ,site selection ,section #ade of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajafe7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking select the site evaluated and inserting select a site evaluated2 7,b7 by striking the most2 and 7,c7 by inserting authorized under section #adb7;b77#a7 after monitored retrievable storage facility2 and 7#b7 by striking subsection 7g74 #ajf4 ,benefits agreement ,section #adg of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajafg7 is amended-- 7#a7 by inserting the ,secretary intends to construct and operate under section #adb7;b77#a7 after storage facility2 and 7#b7 by inserting or once a non-,federal entity enters into an ,,mrs agreement under section #adb7;b77#b71 after section #ade14 #ajg4 ,licensing 7a7 ,review of license application ,section #adh7;c7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajafh7;c77 is amended by striking section #adb7;b7 and inserting section #adb7;b77#a74 7b7 ,licensing conditions ,section #adh7;d7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajafh7;d77 is amended-- 7#a7 in paragraph 7#a71 by striking has issued a license for the construction of a repository under section #aae7;d7 and inserting has issued a final decision approving or disapproving the issuance of a construction authorization for a repository under section #aad7;d77#a72 and 7#b7 in paragraph 7#b71 by striking or construction of the repository ceases4 #ajh4 ,financial assistance ,section #adi of the ,nuclear ,waste ,policy ,act of #aihb is amended by inserting authorized under section #adb7;b77#a7 after a monitored retrievable storage facility4 ,,ii ,permanent ,repository #bja4 ,land withdrawal1 jurisdiction1 and reservation 7a7 ,land withdrawal1 jurisdiction1 and reservation 7#a7 ,land withdrawal ,subject to valid existing rights and except as provided otherwise in this section1 the lands described in subsection 7c7 are withdrawn permanently from all forms of entry1 appropriation1 and disposal under the public land laws1 including the mineral leasing laws1 the geothermal leasing laws1 and the mining laws4 7#b7 ,jurisdiction ,except as otherwise provided in this section1 jurisdiction over the withdrawal is vested in the ,secretary4 ,there are transferred to the ,secretary the lands within the withdrawal under the jurisdiction of the ,secretary concerned on the effective date described in subsection 7j77#a74 7#c7 ,reservation ,the withdrawal is reserved for use by the ,secretary for development1 preconstruction testing and performance confirmation1 licensing1 construction1 management and operation1 monitoring1 closure1 postclosure1 and other activities associated with the disposal of high-level radioactive waste and spent nuclear fuel under the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajaja et seq474 7b7 ,revocation and modification of public land orders and rights-of-,way 7#a7 ,public land order revocation ,public ,land ,order #fhjb of ,september #be1 #aiij1 as extended by ,public ,land ,order #gecd1 and any conditions or memoranda of understanding accompanying those land orders1 are revoked4 7#b7 ,right-of-way reservations ,project right-of-way reservations ,n-#dhfjb and ,n-#dggdh of ,january #bjja1 are revoked4 7c7 ,land description 7#a7 ,boundaries ,the lands and interests in lands withdrawn and reserved by this section comprise the approximately #adg1jjj acres of land in ,nye ,county1 ,nevada1 as generally depicted on the ,yucca ,mountain ,project ,map1 ,,ymp-#jc-jbd4b1 entitled ,proposed ,land ,withdrawal and dated ,july #ba1 #bjje4 7#b7 ,legal description and map ,not later than #abj days after the date of enactment of this ,act1 the ,secretary of the ,interior shall-- 7,a7 publish in the ,federal ,register a notice containing a legal description of the withdrawal2 and 7,b7 file copies of the maps described in paragraph 7#a7 and the legal description of the withdrawal with the ,congress1 the ,governor of the ,state of ,nevada1 and the ,archivist of the ,united ,states4 7#c7 ,technical corrections ,the maps and legal description referred to in this subsection have the same force and effect as if they were included in this section4 ,the ,secretary of the ,interior may correct clerical and typographical errors in the maps and legal description4 7d7 ,relationship to other reservations ,the provisions of subtitle ,a of title ,,xxx of the ,military ,lands ,withdrawal ,act of #aiii 7sections #cjaa-cjbc of ,public ,law #ajf-fe7 and of ,public ,land ,order #befh do not apply to the lands withdrawn and reserved for use by the ,secretary under subsection 7a74 ,this ,act does not apply to any other lands withdrawn for use by the ,department of ,defense under subtitle ,a of title ,,xxx of the ,military ,lands ,withdrawal ,act of #aiii4 7e7 ,management responsibilities 7#a7 ,general authority ,the ,secretary shall manage the lands withdrawn by subsection 7a7 consistent with the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq471 this section1 and other applicable law4 ,the ,secretary shall consult with the ,secretary concerned in discharging that responsibility4 7#b7 ,management plan 7,a7 ,development ,the ,secretary1 after consulting with the ,secretary concerned1 shall develop a management plan for the use of the withdrawal4 ,within #c years after the date of enactment of this ,act1 the ,secretary shall submit the management plan to the ,congress and the ,state of ,nevada4 7,b7 ,priority of ,yucca ,mountain ,project-related issues ,subject to subparagraphs 7,c7 and 7,d71 any use of the withdrawal for activities not associated with the ,project is subject to conditions and restrictions that the ,secretary considers necessary or desirable to permit the conduct of ,project-related activities4 7,c7 ,department of the ,air ,force uses ,the management plan may provide for the continued use by the ,department of the ,air ,force of the portion of the withdrawal within the ,nellis ,air ,force ,base ,test and ,training ,range under terms and conditions on which the ,secretary and the ,secretary of the ,air ,force agree concerning ,air ,force activities4 7,d7 ,other non-,yucca ,mountain ,project uses ,the management plan shall provide for the maintenance of wildlife habitat and shall provide that the ,secretary may permit non-,project-related uses that the ,secretary considers appropriate1 including domestic livestock grazing and hunting and trapping in accordance with the following requirements3 7i7 ,grazing ,the ,secretary may permit grazing to continue where established before the effective date described in subsection 7j77#a71 subject to regulations1 policies1 and practices that the ,secretary1 after consulting with the ,secretary of the ,interior1 determines to be necessary or appropriate4 ,the management of grazing shall be conducted in accordance with applicable grazing laws and policies1 including-- 7,i7 the ,act commonly known as the ,taylor ,grazing ,act 7#dc ,u4,s4,c4 #cae et seq472 7,,ii7 title ,,iv of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agea et seq472 and 7,,iii7 the ,public ,rangelands ,improvement ,act of #aigh 7#dc ,u4,s4,c4 #aija et seq474 7ii7 ,hunting and trapping ,the ,secretary may permit hunting and trapping within the withdrawal where established before the effective date described in subsection 7k77#a71 except that the ,secretary1 after consulting with the ,secretary of the ,interior and the ,state of ,nevada1 may designate zones where1 and establish periods when1 no hunting or trapping is permitted for reasons of public safety1 national security1 administration1 or public use and enjoyment4 7,e7 ,mining 7i7 ,in general ,except as provided in clause 7ii71 surface or subsurface mining or oil or gas production1 including slant drilling from outside the boundaries of the withdrawal1 is not permitted at any time on lands on or under the withdrawal4 ,the ,secretary of the ,interior shall evaluate and adjudicate the validity of all unpatented mining claims on the portion of the withdrawal that1 on the date of enactment of this ,act1 was under the control of the ,bureau of ,land ,management4 ,the ,secretary shall provide just compensation for the acquisition of any valid property right4 7ii7 ,cind-r-lite ,mine ,patented ,mining ,claim ,no4 #bg-hc-jjjb1 covering the ,cind-,r-,lite ,mine1 shall not be affected by establishment of the withdrawal set forth in subsection 7a77#a74 ,in that event1 the ,secretary shall provide just compensation4 7,f7 ,limited public access ,the management plan may provide for limited public access to the portion of the withdrawal under ,bureau of ,land ,management control on the effective date described in subsection 7j77#a74 ,permitted uses may include continuation of the ,nye ,county ,early ,warning ,drilling ,program1 utility corridors1 and other uses the ,secretary1 after consulting with the ,secretary of the ,interior1 considers consistent with the purposes of the withdrawal4 7#c7 ,closure ,if the ,secretary1 after consulting with the ,secretary concerned1 determines that the health and safety of the public or the common defense and security require the closure of a road1 trail1 or other portion of the withdrawal1 or the airspace above the withdrawal1 the ,secretary may effect and maintain the closure and shall provide notice of the closure4 7#d7 ,implementation ,the ,secretary and the ,secretary concerned shall implement the management plan developed under paragraph 7#b7 under terms and conditions on which they agree4 7f7 ,immunity ,the ,united ,states and its departments and agencies shall be held harmless and shall not be liable for damages to persons or property suffered in the course of any mining1 mineral leasing1 or geothermal leasing activity conducted on the withdrawal4 7g7 ,land acquisition ,the ,secretary may acquire lands and interests in lands within the withdrawal4 ,those lands and interests in lands may be acquired by donation1 purchase1 lease1 exchange1 easement1 rights-of-way1 or other appropriate methods using donated or appropriated funds4 ,the ,secretary of the ,interior shall conduct any exchange of lands within the withdrawal for ,federal lands outside the withdrawal4 7h7 ,material requirements ,notwithstanding any other provision of law1 no ,federal1 ,state1 interstate1 or local requirement1 either substantive or procedural1 that is referred to in section #fjja7;a7 of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fifa7;a77 applies with respect to any material-- 7#a7 as such material is transported to a repository for disposal at such repository2 or 7#b7 as1 or after1 such material is disposed of in a repository4 7i7 ,definitions 7#a7 ,nuclear ,waste ,policy ,act of #aihb definitions ,for purposes of this section1 the terms disposal1 high-level radioactive waste1 repository1 ,secretary1 and spent nuclear fuel have the meaning given those terms in section #b of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajaja74 7#b7 ,other definitions ,for purposes of this section-- 7,a7 the term withdrawal means the geographic area consisting of the land described in subsection 7c72 7,b7 the term ,secretary concerned means the ,secretary of the ,air ,force or the ,secretary of the ,interior1 or both1 as appropriate2 and 7,c7 the term ,project means the ,yucca ,mountain ,project4 7j7 ,effective date 7#a7 ,in general ,except as provided in paragraph 7#b71 this section shall take effect on the date on which the ,nuclear ,regulatory ,commission issues a final decision approving the issuance of a construction authorization for a repository under section #aad7;d77#a7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajacd7;d77 7as so designated by this ,act74 7#b7 ,exceptions ,subsections 7c71 7e77#b77;,a71 7h71 7i71 and 7j7 shall take effect on the date of enactment of this ,act4 #bjb4 ,application procedures and infrastructure activities 7a7 ,status report on application ,section #aad7;c7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajacd7;c77 is amended by striking the date on which such authorization is granted and inserting the date on which the ,commission issues a final decision approving or disapproving such application4 7b7 ,application procedures and infrastructure activities ,section #aad7;d7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajacd7;d77 is amended-- 7#a7 by striking ,the ,commission shall consider and inserting the following3 7#a7 ,applications for construction authorization ,the ,commission shall consider 2 7#b7 by striking the expiration of #c years after the date of the submission of such application and inserting #cj months after the date of enactment of the ,nuclear ,waste ,policy ,amendments ,act of #bjai2 7#c7 by striking #gj1jjj metric tons each place it appears and inserting #aaj1jjj metric tons2 and 7#d7 by adding at the end the following new paragraphs3 7#b7 ,applications to amend ,if the ,commission issues a construction authorization for a repository pursuant to paragraph 7#a7 and the ,secretary submits an application to amend such authorization1 the ,commission shall consider the application to amend using expedited1 informal procedures1 including discovery procedures that minimize the burden on the parties to produce documents4 ,the ,commission shall issue a final decision on such application to amend within #a year after the date of submission of such application1 except that the ,commission may extend such deadline by not more than #f months if1 not less than #cj days before such deadline1 the ,commission complies with the reporting requirements established in subsection 7e77#b74 7#c7 ,infrastructure activities 7,a7 ,in general ,at any time before or after the ,commission issues a final decision approving or disapproving the issuance of a construction authorization for a repository pursuant to paragraph 7#a71 the ,secretary may undertake infrastructure activities that the ,secretary considers necessary or appropriate to support construction or operation of a repository at the ,yucca ,mountain site or transportation to such site of spent nuclear fuel and high-level radioactive waste4 ,infrastructure activities include safety upgrades1 site preparation1 the construction of a rail line to connect the ,yucca ,mountain site with the national rail network 7including any facilities to facilitate rail operations71 and construction1 upgrade1 acquisition1 or operation of electrical grids or facilities1 other utilities1 communication facilities1 access roads1 and nonnuclear support facilities4 7,b7 ,environmental analysis ,if the ,secretary determines that an environmental analysis is required under the ,national ,environmental ,policy ,act of #aifi with respect to an infrastructure activity undertaken under this paragraph1 the ,secretary need not consider alternative actions or a no-action alternative4 ,to the extent any other ,federal agency must consider the potential environmental impact of such an infrastructure activity1 the agency shall adopt1 to the extent practicable1 any environmental analysis prepared by the ,secretary under this subparagraph without further action4 ,such adoption satisfies the responsibilities of the adopting agency under the ,national ,environmental ,policy ,act of #aifi1 and no further action is required by the agency4 7,c7 ,no grounds for disapproval ,the ,commission may not disapprove1 on the grounds that the ,secretary undertook an infrastructure activity under this paragraph-- 7i7 the issuance of a construction authorization for a repository pursuant to paragraph 7#a72 7ii7 a license to receive and possess spent nuclear fuel and high-level radioactive waste2 or 7iii7 any other action concerning the repository4 4 7c7 ,connected actions ,section #aad7;f77#f7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajacd7;f77#f77 is amended by striking or nongeologic alternatives to such site and inserting nongeologic alternatives to such site1 or an action connected or otherwise related to the repository to the extent the action is undertaken outside the geologic repository operations area and does not require a license from the ,commission4 #bjc4 ,pending repository license application ,nothing in this ,act or the amendments made by this ,act shall be construed to require the ,secretary to amend or otherwise modify an application for a construction authorization described in section #aad7;d7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajacd7;d77 pending as of the date of enactment of this ,act4 #bjd4 ,limitation on planning1 development1 or construction of defense waste repository 7a7 ,limitation ,the ,secretary of ,energy may not take any action relating to the planning1 development1 or construction of a defense waste repository until the date on which the ,nuclear ,regulatory ,commission issues a final decision approving or disapproving the issuance of a construction authorization for a repository under section #aad7;d77#a7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajacd7;d77 7as so designated by this ,act74 7b7 ,definitions ,in this section-- 7#a7 the terms atomic energy defense activity1 high-level radioactive waste1 repository1 and spent nuclear fuel have the meanings given those terms in section #b of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajaja72 and 7#b7 the term defense waste repository means the repository for high-level radioactive waste and spent nuclear fuel derived from the atomic energy defense activities of the ,department of ,energy1 as described in the draft plan of the ,department titled ,draft ,plan for a ,defense ,waste ,repository published on ,december #af1 #bjaf4 #bje4 ,sense of ,congress regarding transportation routes ,it is the sense of ,congress that the ,secretary of ,energy should consider routes for the transportation of spent nuclear fuel or high-level radioactive waste transported by or for the ,secretary under subtitle ,a of title ,i of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajaca et seq47 to the ,yucca ,mountain site that1 to the extent practicable1 avoid ,las ,vegas1 ,nevada4 ,,iii ,,doe ,contract ,performance #cja4 ,title to material ,section #abc of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajadc7 is amended-- 7#a7 by striking ,delivery and inserting 7a7 ,in general4--,delivery2 7#b7 by striking repository constructed under this subtitle and inserting repository or monitored retrievable storage facility2 and 7#c7 by adding at the end the following new subsection3 7b7 ,contract modification ,the ,secretary may enter into new contracts or negotiate modifications to existing contracts1 with any person who generates or holds title to high-level radioactive waste or spent nuclear fuel of domestic origin1 for acceptance of title1 subsequent transportation1 and storage of such high-level radioactive waste or spent nuclear fuel 7including to expedite such acceptance of title1 transportation1 and storage of such waste or fuel from facilities that have ceased commercial operation7 at a monitored retrievable storage facility authorized under subtitle ,c4 4 ,,iv ,benefits ,to ,host ,community #dja4 ,consent ,section #agj of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajagc7 is amended-- 7#a7 in subsection 7c71 by striking shall offer and inserting may offer2 7#b7 in subsection 7d71 by striking shall and inserting may2 7#c7 in subsection 7e7-- 7,a7 by inserting a comma after repository2 and 7,b7 by inserting per ,state1 after facility2 and 7#d7 by adding at the end the following new subsection3 7g7 ,consent ,the acceptance or use of any of the benefits provided under a benefits agreement under this section by the ,state of ,nevada shall not be considered to be an expression of consent1 express or implied1 to the siting of a repository in such ,state4 4 #djb4 ,content of agreements 7a7 ,benefits schedule ,the table in section #aga7;a77#a7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajagc;a7a77#a77 is amended to read as follows3 ,,benefits ,s,c,h,e,d,u,l,e,event,m,r,s,repository7 ,a7 ,annual payments prior to first spent fuel receipt#e1jjj1jjjae1jjj1jjj7;,b7 ,upon first spent fuel receipt#aj1jjj1jjj #djj1jjj1jjj7;,c7 ,annual payments after first spent fuel receipt until closure of the facility#aj1jjj1jjjdj1jjj1jjj 4 7b7 ,restrictions on use ,section #aga7;a7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajagc;a7a77 is amended-- 7#a7 in paragraph 7#f71 by striking paragraph 7#g7 and inserting paragraphs 7#g7 and 7#h72 and 7#b7 by adding at the end the following new paragraph3 7#h7 ,none of the payments under this section may be used-- 7,a7 directly or indirectly to influence legislative action on any matter pending before ,congress or a ,state legislature or for any lobbying activity as provided in section #aiac of title #ah1 ,united ,states ,code2 7,b7 for litigation purposes2 or 7,c7 to support multistate efforts or other coalition-building activities inconsistent with the siting1 construction1 or operation of the monitored retrievable storage facility or repository concerned4 4 7c7 ,contents ,section #aga7;b7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajagc;a7b77 is amended-- 7#a7 by striking paragraph 7#b72 7#b7 by redesignating paragraphs 7#c7 through 7#e7 as paragraphs 7#b7 through 7#d71 respectively2 and 7#c7 in paragraph 7#c7 7as redesignated by paragraph 7#b7 of this subsection71 by striking in the design of the repository or monitored retrievable storage facility and4 7d7 ,payments by ,secretary ,section #aga7;c7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajagc;a7c77 is amended to read as follows3 7c7 ,payments by ,secretary ,the ,secretary shall make payments to the ,state of ,nevada under a benefits agreement concerning a repository under section #agj from the ,waste ,fund4 ,the signature of the ,secretary on a valid benefits agreement under this subtitle shall constitute a commitment1 but only to the extent that all amounts for that purpose are provided in advance in subsequent appropriations ,acts1 by the ,secretary to make payments in accordance with such agreement4 4 #djc4 ,covered units of local government 7a7 ,in general ,the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajaja et seq47 is amended by inserting after section #agb the following new section3 #agb;,a4 ,covered units of local government 7a7 ,benefits agreement ,not earlier than #a year after the date of enactment of this section1 the ,secretary may enter into a benefits agreement with any covered unit of local government concerning a repository for the acceptance of high-level radioactive waste or spent nuclear fuel in the ,state of ,nevada4 7b7 ,content of agreements ,in addition to any benefits that a covered unit of local government may receive under this ,act1 the ,secretary shall make payments to such covered unit of local government that is a party to a benefits agreement under subsection 7a7 to mitigate impacts described in section #age7;b74 7c7 ,payments from ,waste ,fund ,the ,secretary shall make payments to a covered unit of local government under a benefits agreement under this section from the ,waste ,fund4 7d7 ,restriction on use ,none of the payments made pursuant to a benefits agreement under this section may be used-- 7#a7 directly or indirectly to influence legislative action on any matter pending before ,congress or a ,state legislature or for any lobbying activity as provided in section #aiac of title #ah1 ,united ,states ,code2 7#b7 for litigation purposes2 or 7#c7 to support multistate efforts or other coalition-building activities inconsistent with the siting1 construction1 or operation of the repository4 7e7 ,consent ,the acceptance or use of any of the benefits provided under a benefits agreement under this section by any covered unit of local government shall not be considered to be an expression of consent1 express or implied1 to the siting of a repository in the ,state of ,nevada4 7f7 ,covered unit of local government defined ,in this section1 the term covered unit of local government means-- 7#a7 any affected unit of local government with respect to a repository2 and 7#b7 any unit of general local government in the ,state of ,nevada4 4 7b7 ,conforming amendments 7#a7 ,benefits agreement ,section #agj7;a77#d7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajagc7;a77#d77 is amended to read as follows3 7#d7 ,benefits and payments under this subtitle made available pursuant to a benefits agreement under this section or section #agb;,a may be made available only in accordance with such benefits agreement and to the extent that all amounts for that purpose are provided in advance in subsequent appropriations ,acts4 4 7#b7 ,limitation ,section #agj7;e7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajagc7;e77 is further amended by inserting under this section after may be in effect4 7#c7 ,table of contents ,the table of contents for the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajaja note7 is amended by adding after the item relating to section #agb1 the following3 ,sec4 #agb;,a4 ,covered units of local government4 4 #djd4 ,termination ,section #agc of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajagc;c7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking under this title if and inserting under this title2 7,b7 in paragraph 7#a71 by inserting concerning a repository or a monitored retrievable storage facility1 if before the site under consideration2 and 7,c7 in paragraph 7#b71 by striking the ,secretary determines that the ,commission cannot license the facility within a reasonable time and inserting concerning a repository1 if the ,commission issues a final decision disapproving the issuance of a construction authorization for a repository under section #aad7;d77#a72 and 7#b7 by amending subsection 7b7 to read as follows3 7b7 ,termination by ,state or ,indian ,tribe ,a ,state1 covered unit of local government 7as defined in section #agb;,a71 or ,indian tribe may only terminate a benefits agreement under this title-- 7#a7 concerning a repository or a monitored retrievable storage facility1 if the ,secretary disqualifies the site under consideration for its failure to comply with technical requirements established by the ,secretary in accordance with this ,act2 or 7#b7 concerning a repository1 if the ,commission issues a final decision disapproving the issuance of a construction authorization for a repository under section #aad7;d77#a74 4 #dje4 ,priority funding for certain institutions of higher education 7a7 ,in general ,subtitle ,g of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajagd et seq47 is amended by adding at the end the following new section3 #agf4 ,priority funding for certain institutions of higher education 7a7 ,in general ,in providing any funding to institutions of higher education from the ,waste ,fund1 the ,secretary shall prioritize institutions of higher education that are located in the ,state of ,nevada4 7b7 ,definition ,in this section1 the term institution of higher education has the meaning given that term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 4 7b7 ,conforming amendment ,the table of contents for the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajaja note7 is amended by adding after the item relating to section #age1 the following3 ,sec4 #agf4 ,priority funding for certain institutions of higher education4 4 #djf4 ,disposal of spent nuclear fuel ,section #abb of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajadb7 is amended by adding at the end the following3 ,any economic benefits derived from the retrieval of spent nuclear fuel pursuant to this section shall be shared with the ,state in which the repository is located1 affected units of local government1 and affected ,indian tribes44 #djg4 ,updated report ,section #age7;a7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajagd;a7a77 is amended by striking ,nuclear ,waste ,policy ,amendments ,act of #aihg and inserting ,nuclear ,waste ,policy ,amendments ,act of #bjai4 ,v ,funding #eja4 ,assessment and collection of fees 7a7 ,in general ,section #cjb7;a77#d7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbbb7;a77#d77 is amended-- 7#a7 in the first sentence-- 7,a7 by striking 7#d7 ,not later than and inserting the following3 7#d7 ,assessment1 collection1 and payment of fees 7,a7 ,assessment of fees ,not later than 2 7,b7 by striking the date of enactment of this ,act and inserting the date of enactment of the ,nuclear ,waste ,policy ,amendments ,act of #bjai2 and 7,c7 by striking collection and payment and inserting assessment2 7#b7 in the second sentence1 by striking collection of the fee and inserting such amount2 7#c7 in the third sentence1 by striking are being collected and inserting will result from such amounts2 7#d7 in the fifth sentence1 by striking a period of #ij days of continuous session and all that follows through the period at the end and inserting the date that is #ahj days after the date of such transmittal42 and 7#e7 by adding at the end the following3 7,b7 ,collection and payment of fees 7i7 ,in general ,not later than #ahj days after the date of enactment of the ,nuclear ,waste ,policy ,amendments ,act of #bjai1 the ,secretary shall establish procedures for the collection and payment of the fees established by paragraph 7#b7 and paragraph 7#c71 or adjusted pursuant to subparagraph 7,a74 7ii7 ,limitation on collection ,the ,secretary may not collect a fee established under paragraph 7#b71 including a fee established under paragraph 7#b7 and adjusted pursuant to subparagraph 7,a7-- 7,i7 until the date on which the ,commission issues a final decision approving or disapproving the issuance of a construction authorization for a repository under section #aad7;d77#a72 and 7,,ii7 after such date1 in an amount that will cause the total amount of fees collected under this subsection in any fiscal year to exceed #ij percent of the amounts appropriated for that fiscal year for purposes described in subsection 7d74 ,the limitation in subclause 7,,ii7 shall not apply during a fiscal year if1 at any time during that fiscal year1 the ,waste ,fund has a balance of zero4 7iii7 ,payment of full amounts ,notwithstanding the noncollection of a fee by the ,secretary pursuant to clause 7ii7 in any fiscal year1 a person who has entered into a contract with the ,secretary under this subsection shall pay any uncollected amounts when determined necessary by the ,secretary1 subject to clause 7ii71 for purposes described in subsection 7d74 4 7b7 ,authority ,to modify contracts ,the ,secretary of ,energy may seek to modify a contract entered into under section #cjb7;a7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbbb7;a77 before the date of enactment of this ,act to ensure that the contract complies with the provisions of such section1 as amended by this ,act4 7c7 ,technical and conforming amendments ,section #cjb7;a7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbbb7;a77 is amended-- 7#a7 in paragraph 7#a71 by striking paragraphs 7#b7 and 7#c7 and inserting paragraphs 7#b71 7#c71 and 7#d72 7#b7 in paragraph 7#c71 by striking #abf7;b72 and 7#c7 in paragraph 7#d71 by striking insure and inserting ensure4 #ejb4 ,use of ,waste ,fund 7a7 ,in general ,section #cjb7;d7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbbb7;d77 is amended-- 7#a7 in paragraph 7#a71 by striking maintenance and monitoring and all that follows through the semicolon at the end and inserting maintenance and monitoring of any repository or test and evaluation facility constructed under this ,act22 7#b7 in paragraph 7#d71 by striking to be disposed of and all that follows through the semicolon at the end and inserting to be disposed of in a repository or to be used in a test and evaluation facility22 7#c7 in paragraph 7#e71 by striking at a repository site and all that follows through the end and inserting at a repository site or a test and evaluation facility site and necessary or incident to such repository or test and evaluation facility22 7#d7 in paragraph 7#f71 by striking the period at the end and inserting 2 and2 and 7#e7 by inserting after paragraph 7#f7 the following3 7#g7 payments under benefits agreements for a repository entered into under section #agj or #agb;,a4 4 7b7 ,conforming amendments ,section #aag7;d7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajacg7;d77 is amended by inserting designated with respect to a repository after such representatives4 #ejc4 ,annual multiyear budget proposal ,section #cjb7;e77#b7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbbb7;e77#b77 is amended by striking triennially and inserting annually4 #ejd4 ,availability of certain amounts ,section #cjb of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbbb7 is amended by adding at the end the following3 7f7 ,limitation on funding 7#a7 ,in general ,beginning on the date of first spent fuel receipt at a repository1 no amount may be appropriated in any fiscal year for activities relating to the repository1 including transportation of additional spent fuel to the repository and operation of the repository1 unless the applicable amount required with respect to the repository under section #aga7;a77#a77;,b7 or section #aga7;a77#a77;,c7 is appropriated for that fiscal year4 7#b7 ,definition ,in this subsection1 the terms spent fuel and first spent fuel receipt have the meaning given such terms in section #aga7;a74 7g7 ,offsetting funding 7#a7 ,in general ,fees collected after the date of enactment of the ,nuclear ,waste ,policy ,amendments ,act of #bjai pursuant to subsection 7a7 shall be credited to the ,waste ,fund and available1 to the extent provided in advance in appropriation ,acts and consistent with the requirements of this section1 to carry out activities authorized to be funded from the ,waste ,fund4 7#b7 ,offsetting collection ,fees collected in a fiscal year pursuant to paragraph 7#a7 shall be deposited and credited as offsetting collections to the account providing appropriations for such activities and shall be classified as discretionary appropriations as defined by section #bej7;c77#g7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ijj7;c77#g774 7#c7 ,estimates ,for the purposes of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ijj et seq47 and the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #fba et seq47 and for determining points of order pursuant to that ,act or any concurrent resolution on the budget1 an estimate provided under those ,acts for a provision in a bill or joint resolution1 or amendment thereto or conference report thereon1 that provides discretionary appropriations1 derived from amounts in the ,waste ,fund1 for such activities shall include in that estimate the amount of such fees that will be collected during the fiscal year for which such appropriation is made available4 ,any such estimate shall not include any change in net direct spending as result in the appropriation of such fees4 4 ,,vi ,miscellaneous #fja4 ,certain standards and criteria 7a7 ,generally applicable standards and criteria 7#a7 ,environmental ,protection ,agency standards 7,a7 ,determination and report ,not later than #b years after the ,nuclear ,regulatory ,commission has issued a final decision approving or disapproving the issuance of a construction authorization for a repository under section #aad7;d77#a7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajacd7;d77 7as so designated by this ,act71 the ,administrator of the ,environmental ,protection ,agency shall-- 7i7 determine if the generally applicable standards promulgated under section #aba7;a7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajada7;a77 should be updated2 and 7ii7 submit to ,congress a report on such determination4 7,b7 ,rule ,if the ,administrator of the ,environmental ,protection ,agency determines1 under subparagraph 7,a71 that the generally applicable standards promulgated under section #aba7;a7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajada7;a77 should be updated1 the ,administrator1 not later than #b years after submission of the report under subparagraph 7,a77ii71 shall1 by rule1 promulgate updated generally applicable standards under such section4 7#b7 ,commission requirements and criteria ,not later than #b years after the ,administrator of the ,environmental ,protection ,agency promulgates updated generally applicable standards pursuant to paragraph 7#a77;,b71 the ,commission shall1 by rule1 promulgate updated technical requirements and criteria under section #aba7;b7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajada7;b77 as necessary to be consistent with such updated generally applicable standards4 7b7 ,site-,specific standards and criteria ,nothing in this section shall affect the standards1 technical requirements1 and criteria promulgated by the ,administrator of the ,environmental ,protection ,agency and the ,nuclear ,regulatory ,commission for the ,yucca ,mountain site under section #hja of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #ajada note74 #fjb4 ,application ,section #ace of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajaee7 is amended by striking subsection 7h7 and redesignating subsection 7i7 as subsection 7h74 #fjc4 ,transportation safety assistance ,section #ahj7;c7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajage7;c77 is amended-- 7#a7 by striking 7c7 ,the ,secretary and inserting the following3 7c7 ,training and assistance 7#a7 ,training ,the ,secretary 2 and 7#b7 by striking ,the ,waste ,fund and inserting the following3 7#b7 ,assistance ,the ,secretary shall1 subject to the availability of appropriations1 provide in-kind1 financial1 technical1 and other appropriate assistance1 for safety activities related to the transportation of high-level radioactive waste or spent nuclear fuel1 to any entity receiving technical assistance or funds under paragraph 7#a74 7#c7 ,source of funding ,the ,waste ,fund 4 #fjd4 ,office of ,spent ,nuclear ,fuel 7a7 ,amendment to the ,nuclear ,waste ,policy ,act of #aihb ,section #cjd of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbbd7;b77 is amended-- 7#a7 in the heading1 by striking office of ,civilian ,radioactive ,waste ,management and inserting office of ,spent ,nuclear ,fuel2 7#b7 in subsection 7a71 by striking ,office of ,civilian ,radioactive ,waste ,management and inserting ,office of ,spent ,nuclear ,fuel2 and 7#c7 by amending subsection 7b7 to read as follows3 7b7 ,director 7#a7 ,functions ,the ,director of the ,office shall be responsible for carrying out the functions of the ,secretary under this ,act4 ,the ,director of the ,office shall report directly to the ,secretary4 7#b7 ,qualifications ,the ,director of the ,office shall be appointed from among persons who have extensive expertise and experience in organizational and project management4 7#c7 ,removal ,the ,president may remove the ,director only for inefficiency1 neglect of duty1 or malfeasance in office4 ,if the ,president removes the ,director1 the ,president shall submit to ,congress a statement explaining the reason for such removal4 4 7b7 ,transfer of functions 7#a7 ,amendment ,section #bjc7;a7 of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gacc7;a77 is amended by striking paragraph 7#h74 7#b7 ,transfer of functions ,the functions described in paragraph 7#h7 stricken by the amendment made by paragraph 7#a7 shall be transferred to and performed by the ,office of ,spent ,nuclear ,fuel1 as provided in section #cjd of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbbd74 7c7 ,technical and conforming amendments ,the ,nuclear ,waste ,policy ,act of #aihb is amended-- 7#a7 in the table of contents1 by amending the item relating to section #cjd to read as follows3 ,sec4 #cjd4 ,office of ,spent ,nuclear ,fuel4 2 and 7#b7 in section #b7ag7 7#db ,u4,s4,c4 #ajaja7ag771 by striking ,office of ,civilian ,radioactive ,waste ,management established in section #cje and inserting ,office of ,spent ,nuclear ,fuel established in section #cjd4 7d7 ,references ,any reference to the ,office of ,civilian ,radioactive ,waste ,management in any law1 regulation1 document1 record1 ,executive order1 or other paper of the ,united ,states shall be deemed to be a reference to the ,office of ,spent ,nuclear ,fuel4 #fje4 ,subseabed or ocean water disposal 7a7 ,prohibition ,section #e of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajajd7 is amended-- 7#a7 by striking ,nothing in this ,act and inserting3 7a7 ,effect on ,marine ,protection1 ,research1 and ,sanctuaries ,act of #aigb ,nothing in this ,act 2 and 7#b7 by adding at the end the following new subsection3 7b7 ,subseabed or ocean water disposal ,notwithstanding any other provision of law-- 7#a7 the subseabed or ocean water disposal of spent nuclear fuel or high-level radioactive waste is prohibited2 and 7#b7 no funds shall be obligated for any activity relating to the subseabed or ocean water disposal of spent nuclear fuel or high-level radioactive waste4 4 7b7 ,repeal ,section #bbd of the ,nuclear ,waste ,policy ,act of #aihb1 and the item relating thereto in the table of contents for such ,act1 are repealed4 #fjf4 ,budgetary effects 7a7 ,statutory ,,paygo ,scorecards ,the budgetary effects of this ,act and the amendments made by this ,act shall not be entered on either ,,paygo scorecard maintained pursuant to section #d7;d7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj4 7b7 ,senate ,,paygo ,scorecards ,the budgetary effects of this ,act and the amendments made by this ,act shall not be entered on any ,,paygo scorecard maintained for purposes of section #dajf of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress74 #fjg4 ,requirement for financial statements summary ,the ,department of ,energy shall include a financial statements summary in each audit report on the ,department of ,energy ,nuclear ,waste ,fund's fiscal year financial statement audit4 #fjh4 ,stranded nuclear waste 7a7 ,stranded ,nuclear ,waste ,task ,force 7#a7 ,establishment ,the ,secretary shall establish a task force1 to be known as the ,stranded ,nuclear ,waste ,task ,force-- 7,a7 to conduct a study on existing public and private resources and funding for which affected communities may be eligible2 and 7,b7 to develop immediate and long-term economic adjustment plans tailored to the needs of each affected community4 7#b7 ,study ,not later than #ahj days after the date of enactment of this ,act1 the ,stranded ,nuclear ,waste ,task ,force shall complete and submit to ,congress the study described in paragraph 7#a74 7b7 ,definitions ,in this section3 7#a7 ,affected community ,the term affected community means a municipality that contains stranded nuclear waste within the boundaries of the municipality1 as determined by the ,secretary4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#c7 ,stranded nuclear waste ,the term stranded nuclear waste means nuclear waste or spent nuclear fuel stored in dry casks or spent fuel pools at a decommissioned or decommissioning nuclear facility4