Sec. 103. Conditions for MRS agreements
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Section 143 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10163 ) is amended to read as follows: The Secretary may not enter into an MRS agreement under section 142(b)(2) unless— the monitored retrievable storage facility with respect to which the MRS agreement applies has been licensed by the Commission under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq.); the non-Federal entity that is a party to the MRS agreement has approval to store Department-owned civilian waste at such facility from each of— the Governor of the State in which the facility is located; any unit of general local government with jurisdiction over the area in which the facility is located; and any affected Indian tribe; except as provided in subsection (b), the Commission has issued a final repository decision; and the MRS agreement provides that the quantity of high-level radioactive waste and spent nuclear fuel at the site of the facility at any one time will not exceed the limits described in section 148(d)(3) and (4).
The Secretary may enter into one MRS agreement under section 142(b)(2) before the Commission has issued a final repository decision. There are authorized to be appropriated to carry out this subsection— for each of fiscal years 2020 through 2022, the greater of— $50,000,000; or the amount that is equal to 10 percent of the amounts appropriated from the Waste Fund in that fiscal year; and for each of fiscal years 2023 through 2025, the amount that is equal to 10 percent of the amounts appropriated from the Waste Fund in that fiscal year.
An MRS agreement entered into pursuant to paragraph
(1)shall, to the extent allowable under this Act (including under the terms of the standard contract established in section 961.11 of title 10, Code of Federal Regulations), provide for prioritization of the storage of Department-owned civilian waste that originated from any facility that— has ceased commercial operation; and is located in— an area that is of high seismicity; and close proximity to a major body of water. Nothing in subparagraph
(A)shall be construed to amend or otherwise alter the standard contract established in section 961.11 of title 10, Code of Federal Regulations. Except as provided in subparagraph (B), the Secretary may not store any Department-owned civilian waste at the initial MRS facility until the Commission has issued a final repository decision. The Secretary may make a finding that a final repository decision is imminent, which finding shall be updated not less often than quarterly until the date on which the Commission issues a final repository decision. If the Secretary makes a finding under clause (i), the Secretary may store Department-owned civilian waste at the initial MRS facility in accordance with this section. Not later than 7 days after the Secretary makes or updates a finding under clause (i), the Secretary shall submit to Congress written notification of such finding. In addition to the requirements of section 114(c), if the Secretary makes a finding under clause (i), the Secretary shall submit to Congress the report described in such section 114(c) not later than 1 month after the Secretary makes such finding and monthly thereafter until the date on which the Commission issues a final repository decision. Nothing in this subsection affects the Federal responsibility for the disposal of high-level radioactive waste and spent nuclear fuel, or the definite Federal policy with regard to the disposal of such waste and spent fuel, established under subtitle A, as described in section 111(b). For purposes of this section: The term final repository decision means a final decision approving or disapproving the issuance of a construction authorization for a repository under section 114(d)(1). The term initial MRS facility means the monitored retrievable storage facility with respect to which an MRS agreement is entered into pursuant to subsection (b)(1). . The item relating to section 143 in the table of contents for the Nuclear Waste Policy Act of 1982 is amended to read as follows: Sec. 143. Conditions for MRS agreements. .
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