S.Amdt. 1360

1. Adds SEC. 15__. INTERIM STORAGE PILOT PROGRAM at the end of subtitle E of title I

   Adds a section

   Inserted: SEC. 15__. INTERIM STORAGE PILOT PROGRAM.

   Inserted: (a) Definitions.--In this section:

   Inserted: (1) Affected indian tribe.--The term "affected Indian tribe" has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).

   Inserted: (2) High-level radioactive waste.--The term "high-level radioactive waste" has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).

   Inserted: (3) Nuclear waste fund.--The term "Nuclear Waste Fund" means the Nuclear Waste Fund established under section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)).

   Inserted: (4) Pilot program.--The term "pilot program" means the pilot program carried out under subsection (b).

   Inserted: (5) Spent nuclear fuel.--The term "spent nuclear fuel" has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).

   Inserted: (b) Pilot Program.--Notwithstanding any provision of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.), the Secretary shall carry out a pilot program to license, construct, and operate 1 or more Federal consolidated storage facilities to provide interim storage, as needed, for spent nuclear fuel and high-level radioactive waste located on sites without an operating nuclear reactor.

   Inserted: (c) Requests for Proposals.--Not later than 120 days after the date of enactment of this Act, the Secretary shall issue a request for proposals for cooperative agreements--

   Inserted: (1) to obtain any license necessary from the Nuclear Regulatory Commission for the construction of 1 or more consolidated storage facilities;

   Inserted: (2) to demonstrate the safe transportation of spent nuclear fuel and high-level radioactive waste, as applicable; and

   Inserted: (3) to demonstrate the safe storage of spent nuclear fuel and high-level radioactive waste, as applicable, at the 1 or more consolidated storage facilities, pending the construction and operation of deep geologic disposal capacity for the permanent disposal of the spent nuclear fuel or high-level radioactive waste.

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   Inserted: (d) Consent-Based Approval.--Prior to siting a consolidated storage facility pursuant to this section, the Secretary shall enter into an agreement to host the facility with--

   Inserted: (1) the Governor of the State;

   Inserted: (2) each unit of local government within the jurisdiction of which the facility is proposed to be located; and

   Inserted: (3) each affected Indian tribe.

   Inserted: (e) Applicability.--In carrying out this section, the Secretary shall comply with--

   Inserted: (1) all licensing requirements and regulations of the Nuclear Regulatory Commission; and

   Inserted: (2) all other applicable laws (including regulations).

   Inserted: (f) Pilot Program Plan.--Not later than 120 days after the date on which the Secretary issues the request for proposals under subsection (c), the Secretary shall submit to Congress a plan to carry out this section that includes--

   Inserted: (1) an estimate of the cost of licensing, constructing, and operating a consolidated storage facility, including the transportation costs, on an annual basis, over the expected lifetime of the facility;

   Inserted: (2) a schedule for--

   Inserted: (A) obtaining any license necessary to construct and operate a consolidated storage facility from the Nuclear Regulatory Commission;

   Inserted: (B) constructing the facility;

   Inserted: (C) transporting spent nuclear fuel to the facility; and

   Inserted: (D) removing the spent nuclear fuel and decommissioning the facility;

   Inserted: (3) an estimate of the cost of any financial assistance, compensation, or incentives proposed to be paid to the host State, Indian tribe, or local government;

   Inserted: (4) an estimate of any future reductions in the damages expected to be paid by the United States for the delay of the Department in accepting spent nuclear fuel expected to result from the pilot program;

   Inserted: (5) recommendations for any additional legislation needed to authorize and implement the pilot program; and

   Inserted: (6) recommendations for a mechanism to ensure that any spent nuclear fuel or high-level radioactive waste stored at a consolidated storage facility pursuant to this section shall move to deep geologic disposal capacity, following a consent-based approval process for that deep geologic disposal capacity consistent with subsection (d), within a reasonable time after the issuance of a license to construct and operate the consolidated storage facility.

   Inserted: (g) Public Participation.--Prior to choosing a site for the construction of a consolidated storage facility under this section, the Secretary shall conduct 1 or more public hearings in the vicinity of each potential site and in at least 1 other location within the State in which the site is located to solicit public comments and recommendations.

   Inserted: (h) Use of Nuclear Waste Fund.--The Secretary may make expenditures from the Nuclear Waste Fund to carry out this section, subject to appropriations.

   Original wording

   At the end of subtitle E of title I, insert the following:

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As printed