Sec. 308. Defense waste
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The Secretary— shall arrange for the Administrator to dispose of defense wastes in a repository developed under this Act; and may arrange for the Administrator to store defense wastes in storage facilities developed under this Act pending disposal in a repository. The arrangements shall be covered by a memorandum of agreement between the Secretary and the Administrator. The portion of the cost of developing, constructing, and operating the repository or storage facilities under this Act that is attributable to defense wastes shall be allocated to the Federal Government and paid by the Federal Government into the Working Capital Fund.
No defense waste may be stored or disposed of by the Administrator in any storage facility or repository constructed under this Act until funds are appropriated to the Working Capital Fund in an amount equal to the fees that would be paid by contract holders under section 302 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222 ) if such nuclear waste were generated by a contract holder. Notwithstanding section 8 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10107 ), the Secretary may reevaluate the decision to commingle defense wastes with nuclear waste from civilian nuclear power reactors.
Not later than 1 year after the date of enactment of this Act, the Secretary shall notify the President and the appropriate committees of Congress of whether the Secretary intends to reevaluate the decision under paragraph
(1)and the reasons for that decision. If the Secretary finds, after conducting the reevaluation under paragraph (1), that the development of separate nuclear waste facilities for the storage or disposal of defenses wastes is necessary or appropriate for the efficient management of defenses wastes, the Administrator may, with the concurrence of the President, site, construct, and operate 1 or more separate nuclear waste facilities for the storage or disposal of defenses wastes.
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