S.Amdt. 3369

1. Rewrites section 3119

   Replaces

   In S. 2400 · Placed on Calendar Senate

   SEC. 3119. TREATMENT OF DISPOSITION WASTE FROM REPROCESSING OF [struck: LOW- LEVEL ][inserted: LOW-LEVEL ]OR TRANSURANIC WASTE.

   Inserted: (a) In General.--The Secretary of Energy shall continue all activities relating to the storage, retrieval, treatment, and separation of tank wastes currently managed as high-level radioactive waste in accordance with treatment and closure plans approved by the State in which such activities are taking place as part of a program to clean up and dispose of waste from reprocessing spent nuclear fuel at the sites referred to in subsection (c).

   ([struck: a][inserted: b]) [struck: In General][inserted: Funding].--[struck: Subject to subsection (c) and except as provided in subsection (d), of ][inserted: Of ]the amount authorized to be appropriated by section 3102([inserted: a)(]1) for defense [struck: environmental management for defense ]site acceleration completion, [struck: a total of ]$350,000,000 shall be available for activities [struck: at each site referred][inserted: to be undertaken pursuant] to [struck: in ]subsection ([struck: b][inserted: a]) [struck: to stabilize, treat, or process ][inserted: and ]for [struck: disposition waste from reprocessing of low-level or transuranic waste][inserted: activities under section 3116].

   ([struck: b][inserted: c]) Covered Sites.--The sites referred to in this subsection are as follows:

   (1) The Idaho National Engineering and Environmental Laboratory, Idaho.

   (2) The Savannah River Site, Aiken, South Carolina.

   (3) The Hanford Site, Richland, Washington.

   Struck: (c) Limitation.--Amounts referred to in subsection (a) shall be available for activities described in that subsection at a site referred to in subsection (b) only if the Secretary of Energy certifies to the President and Congress that there is adequate certainty of the legality of the disposition pathway contemplated by such activities at such site as to warrant proceeding with such activities at such site.

   Struck: (d) Deadline.--If the Secretary has not made a certification described in subsection (c) regarding activities described in subsection (a) at a site referred to in subsection (b) as of June 1, 2005, any funds referred to in subsection (a) that would otherwise be available for such activities shall no longer be available to the Department of Energy for any purpose as of that date.

   Inserted: (d) Construction of Other Authority.--(1) Section 3116 shall have no effect on States other than the State referred to in subsection (d) of that section.

   Inserted: (2) Nothing in section 3116 shall alter or jeopardize the full implementation of the settlement agreement entered into by the United States with the State of Idaho in the actions captioned Public Service Co. of Colorado v. Batt, Civil No. 91-0035-S-EJL, and United States v. Batt, Civil No. 91-0054-S-EJL, in the United States District Court for the District of Idaho and the consent order of the United States District Court for the District of Idaho, dated October 17, 1995, that effectuates the settlement agreement, the Idaho National Engineering Laboratory Federal Facility Agreement and Consent Order, or the Hanford Federal Facility Agreement and Consent Order.

   Inserted: (3) Nothing in this section establishes any precedent or is binding on the State of Idaho, the State of Washington, or any other State for the management, storage, treatment, or disposition of radioactive or hazardous materials.

   Original wording

   Strike section 3119 and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed