Sec. 306. Repositories
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Not later than 1 year after the date of enactment of this Act, the Administrator shall issue general guidelines for the consideration of candidate sites for repositories, which shall— update the guidelines issued under section 112(a) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10132(a) ); comply with any applicable requirements of that section; and require the Administrator to take into account the extent to which a repository would— enhance the reliability and flexibility of the system for the disposal of nuclear waste; and minimize the impacts of transportation and handling of nuclear waste.
The Administrator may revise the guidelines in a manner consistent with this subsection and section 112(a) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10132(a) ). As soon as practicable after the date of the issuance of the guidelines under subsection (a), the Administrator shall evaluate candidate sites for a repository to determine whether the sites are suitable for site characterization. The Administrator shall select sites for evaluation under paragraph
(1)from among sites recommended by— the Governor or other authorized official of the State in which the site is located; the governing body of the affected unit of general local government; the governing body of an Indian Tribe within the reservation boundaries of which the site is located; or the Administrator, after consultation with, and with the consent of— the Governor of the State in which the site is located; the governing body of the affected unit of general local government; and the governing body of the Indian Tribe, if the site is located within the reservation of an Indian Tribe. In evaluating a site under this subsection prior to any determination of the suitability of the site for site characterization, the Administrator— shall use available geophysical, geological, geochemical, hydrological, and other information; and shall not perform any preliminary borings or excavations at the site unless necessary to determine the suitability of the site and authorized by the landowner. The Administrator shall determine whether a site is suitable for site characterization based on an environmental analysis of the site, which shall include— an evaluation by the Administrator of whether the site is suitable for development as a repository under the guidelines established under subsection (a), including a preliminary safety case that describes the site features and available information that contribute to confidence in the suitability and safety of the proposed site for a nuclear waste facility; an evaluation by the Administrator of the effects of site characterization activities on public health and safety and the environment; a reasonable comparative evaluation of the proposed site and other proposed sites; a description of the decision process by which the site was recommended; an assessment of the regional and local impacts of locating a repository at the site, including the extent to which nuclear waste is, or is planned to be, stored or disposed of within the State; and potential conflicts with— a compliance agreement requiring removal of nuclear waste from a site; or a statutory prohibition on the storage or disposal of nuclear waste at a site. From among the sites determined to be suitable for site characterization under subsection (b), the Administrator shall select at least 1 site for site characterization as a repository. In selecting sites for site characterization as a repository, the Administrator shall give preference and priority to sites determined to be suitable for co-location of a storage facility and a repository. Before selecting a site for site characterization, the Administrator shall— hold public hearings in the vicinity of the site and at least 1 other location within the State in which the site is located— to inform the public of the proposed site characterization; to solicit public comments and recommendations with respect to the proposed site characterization; and to increase stakeholder engagement; and notify Congress. Before selecting a site for site characterization, the Administrator shall enter into a consultation and cooperation agreement, subject to section 401(e), with— the Governor of the State in which the site is located; the governing body of the affected unit of general local government; and the governing body of any affected Indian Tribe. The consultation and cooperation agreement shall— provide compensation to the State, any affected units of local government, and any affected Indian Tribes for any adverse economic, social, public health and safety, and environmental impacts associated with site characterization; provide financial and technical assistance to enable the State, affected units of local government, and affected Indian Tribes to monitor, review, evaluate, comment on, obtain information on, make recommendations on, and mitigate any impacts from site characterization activities; and include any other term or condition that the Administrator determines to be appropriate. On completion of site characterization activities, the Administrator shall make a final determination of whether a candidate site is suitable for development as a repository. In making a determination under paragraph (1), the Administrator shall determine if— the site is scientifically and technically suitable for development as a repository, taking into account— whether the site meets the siting guidelines of the Administrator; and whether there is reasonable assurance that a repository at the site will meet— the radiation protection standards of the Administrator of the Environmental Protection Agency; and the licensing standards of the Commission; and development of a repository at the site is in the national interest. Before making a final determination under paragraph (1), the Administrator shall hold public hearings in the vicinity of the site and at least 1 other location within the State in which the site is located to solicit public comments and recommendations on the proposed determination. On making a final determination of site suitability under subsection (d), but before submitting a license application to the Commission under subsection (f), the Administrator shall enter into a consent agreement, subject to section 401(e), with— the Governor or other authorized official of the State in which the site is located; the governing body of the affected unit of general local government; and if the site is located on a reservation, the governing body of the affected Indian Tribe. The consent agreement shall— contain the terms and conditions on which each State, local government, and Indian Tribe, as applicable, consents to host the repository; and express the consent of each State, local government, and Indian Tribe to host the repository. The terms and conditions under paragraph (2)(A)— shall promote the economic and social well-being of the people living in the vicinity of the repository; and may include— financial compensation and incentives; economic development assistance; operational limitations or requirements; and regulatory or other oversight authority, to the extent permitted by law. The consent agreement— shall be binding on the parties, subject to section 401(e); and shall not be amended or revoked except by mutual agreement of the parties. On determining that a site is suitable under subsection
(d)and ratification of a consent agreement under subsection (e), the Administrator shall submit to the Commission an application for a construction authorization for the repository.
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