FIRST REPOSITORY.

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: 101 STAT. 1330–228 “Subtitle E—Redirection of the Nuclear Waste Program “selection of yucca mountain site “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. “(b) 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.”. (b) Site Recommendation to the President.— Section 112(b) of 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) 7373Copy read “(C), (as”. (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 Waste 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)— 101 STAT. 1330–229 (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 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”; 101 STAT. 1330–230 (2) by striking paragraphs (2) and (3) and inserting the following: “(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 “(3)(A)”; (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”. (l) Environmental Impact Statement.— Section 114(0 of the Nuclear 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 a101 STAT. 1330–231 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.”.