Sec. 201. Land withdrawal, jurisdiction, and reservation

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Subject to valid existing rights and except as provided otherwise in this section, the lands described in subsection

(c)are withdrawn permanently from all forms of entry, appropriation, and disposal under the public land laws, including the mineral leasing laws, the geothermal leasing laws, and the mining laws. Except as otherwise provided in this section, jurisdiction over the withdrawal is vested in the Secretary. There are transferred to the Secretary the lands within the withdrawal under the jurisdiction of the Secretary concerned on the effective date described in subsection (j)(1). The withdrawal is reserved for use by the Secretary for development, preconstruction testing and performance confirmation, licensing, construction, management and operation, monitoring, closure, postclosure, and other activities associated with the disposal of high-level radioactive waste and spent nuclear fuel under the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 et seq.). Public Land Order 6802 of September 25, 1990, as extended by Public Land Order 7534, and any conditions or memoranda of understanding accompanying those land orders, are revoked. Project right-of-way reservations N–48602 and N–47748 of January 2001, are revoked. The lands and interests in lands withdrawn and reserved by this section comprise the approximately 147,000 acres of land in Nye County, Nevada, as generally depicted on the Yucca Mountain Project Map, YMP–03–024.2, entitled Proposed Land Withdrawal and dated July 21, 2005. Not later than 120 days after the date of enactment of this Act, the Secretary of the Interior shall— publish in the Federal Register a notice containing a legal description of the withdrawal; and file copies of the maps described in paragraph

(1)and the legal description of the withdrawal with the Congress, the Governor of the State of Nevada, and the Archivist of the United States. The maps and legal description referred to in this subsection have the same force and effect as if they were included in this section. The Secretary of the Interior may correct clerical and typographical errors in the maps and legal description. The provisions of subtitle A of title XXX of the Military Lands Withdrawal Act of 1999 (sections 3011–3023 of Public Law 106–65 ) and of Public Land Order 2568 do not apply to the lands withdrawn and reserved for use by the Secretary under subsection (a). This Act does not apply to any other lands withdrawn for use by the Department of Defense under subtitle A of title XXX of the Military Lands Withdrawal Act of 1999. The Secretary shall manage the lands withdrawn by subsection

(a)consistent with the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq.), this section, and other applicable law. The Secretary shall consult with the Secretary concerned in discharging that responsibility. The Secretary, after consulting with the Secretary concerned, shall develop a management plan for the use of the withdrawal. Within 3 years after the date of enactment of this Act, the Secretary shall submit the management plan to the Congress and the State of Nevada. Subject to subparagraphs

(C)and (D), any use of the withdrawal for activities not associated with the Project is subject to conditions and restrictions that the Secretary considers necessary or desirable to permit the conduct of Project-related activities. The management plan may provide for the continued use by the Department of the Air Force of the portion of the withdrawal within the Nellis Air Force Base Test and Training Range under terms and conditions on which the Secretary and the Secretary of the Air Force agree concerning Air Force activities. The management plan shall provide for the maintenance of wildlife habitat and shall provide that the Secretary may permit non-Project-related uses that the Secretary considers appropriate, including domestic livestock grazing and hunting and trapping in accordance with the following requirements: The Secretary may permit grazing to continue where established before the effective date described in subsection (j)(1), subject to regulations, policies, and practices that the Secretary, after consulting with the Secretary of the Interior, determines to be necessary or appropriate. The management of grazing shall be conducted in accordance with applicable grazing laws and policies, including— the Act commonly known as the Taylor Grazing Act ( 43 U.S.C. 315 et seq.); title IV of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1751 et seq.); and the Public Rangelands Improvement Act of 1978 ( 43 U.S.C. 1901 et seq.). The Secretary may permit hunting and trapping within the withdrawal where established before the effective date described in subsection (k)(1), except that the Secretary, after consulting with the Secretary of the Interior and the State of Nevada, may designate zones where, and establish periods when, no hunting or trapping is permitted for reasons of public safety, national security, administration, or public use and enjoyment. Except as provided in clause (ii), surface or subsurface mining or oil or gas production, including slant drilling from outside the boundaries of the withdrawal, is not permitted at any time on lands on or under the withdrawal. The Secretary of the Interior shall evaluate and adjudicate the validity of all unpatented mining claims on the portion of the withdrawal that, on the date of enactment of this Act, was under the control of the Bureau of Land Management. The Secretary shall provide just compensation for the acquisition of any valid property right. Patented Mining Claim No. 27–83–0002, covering the Cind-R-Lite Mine, shall not be affected by establishment of the withdrawal set forth in subsection (a)(1). In that event, the Secretary shall provide just compensation. The management plan may provide for limited public access to the portion of the withdrawal under Bureau of Land Management control on the effective date described in subsection (j)(1). Permitted uses may include continuation of the Nye County Early Warning Drilling Program, utility corridors, and other uses the Secretary, after consulting with the Secretary of the Interior, considers consistent with the purposes of the withdrawal. If the Secretary, after consulting with the Secretary concerned, determines that the health and safety of the public or the common defense and security require the closure of a road, trail, or other portion of the withdrawal, or the airspace above the withdrawal, the Secretary may effect and maintain the closure and shall provide notice of the closure. The Secretary and the Secretary concerned shall implement the management plan developed under paragraph

(2)under terms and conditions on which they agree. The United States and its departments and agencies shall be held harmless and shall not be liable for damages to persons or property suffered in the course of any mining, mineral leasing, or geothermal leasing activity conducted on the withdrawal. The Secretary may acquire lands and interests in lands within the withdrawal. Those lands and interests in lands may be acquired by donation, purchase, lease, exchange, easement, rights-of-way, or other appropriate methods using donated or appropriated funds. The Secretary of the Interior shall conduct any exchange of lands within the withdrawal for Federal lands outside the withdrawal. Notwithstanding any other provision of law, no Federal, State, interstate, or local requirement, either substantive or procedural, that is referred to in section 6001(a) of the Solid Waste Disposal Act ( 42 U.S.C. 6961(a) ) applies with respect to any material— as such material is transported to a repository for disposal at such repository; or as, or after, such material is disposed of in a repository. For purposes of this section, the terms disposal , high-level radioactive waste , repository , Secretary , and spent nuclear fuel have the meaning given those terms in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 ). For purposes of this section— the term withdrawal means the geographic area consisting of the land described in subsection (c); the term Secretary concerned means the Secretary of the Air Force or the Secretary of the Interior, or both, as appropriate; and the term Project means the Yucca Mountain Project. Except as provided in paragraph (2), this section shall take effect on the date on which the Nuclear Regulatory Commission issues a final decision approving the issuance of a construction authorization for a repository under section 114(d)(1) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10134(d) ) (as so designated by this Act). Subsections (c), (e)(2)(A), (h), (i), and

(j)shall take effect on the date of enactment of this Act.

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