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Code · BILL · 113th Congress · S. 1245 (Placed on Calendar Senate) — Making appropriations for energy and water development and related agencies for the fiscal year ending September 30,... · Sec. 309

Sec. 309.

701 words·~3 min read·/bill/113/s/1245/pcs/section-309

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In this section: 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 ). 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 ). 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) ). The term Secretary means the Secretary of Energy.
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 ). Notwithstanding any provision of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 et seq. ), the Secretary is authorized, in the current fiscal year and subsequent fiscal years, to conduct a pilot program, through 1 or more private sector partners, to license, construct, and operate 1 or more government or privately owned consolidated storage facilities to provide interim storage as needed for spent nuclear fuel and high-level radioactive waste, with priority for storage given to spent nuclear fuel located on sites without an operating nuclear reactor.
Not later than 120 days after the date of enactment of this Act, the Secretary shall issue a request for proposals for cooperative agreements— to obtain any license necessary from the Nuclear Regulatory Commission for the construction of 1 or more consolidated storage facilities; to demonstrate the safe transportation of spent nuclear fuel and high-level radioactive waste, as applicable; and 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.
Prior to siting a consolidated storage facility pursuant to this section, the Secretary shall enter into an agreement to host the facility with— the Governor of the State; each unit of local government within the jurisdiction of which the facility is proposed to be located; and each affected Indian tribe. In executing this section, the Secretary shall comply with— all licensing requirements and regulations of the Nuclear Regulatory Commission; and all other applicable laws (including regulations).
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— 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; a schedule for— obtaining any license necessary to construct and operate a consolidated storage facility from the Nuclear Regulatory Commission; constructing the facility; transporting spent fuel to the facility; and removing the spent fuel and decommissioning the facility; and 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; an estimate of any future reductions in the damages expected to be paid by the United States for the delay of the Department of Energy in accepting spent fuel expected to result from the pilot program; recommendations for any additional legislation needed to authorize and implement the pilot program; and 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.
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. The Secretary may make expenditures from the Nuclear Waste Fund to carry out this section, subject to appropriations.
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