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‘‘(b) A
SSISTANCE FOR
T
RANSMISSION
S
TUDIES
.—(1)
1
Each Administrator may provide technical assistance to In-
2
dian tribes seeking to use the high-voltage transmission sys-
3
tem for delivery of electric power. The costs of such technical
4
assistance shall be funded—
5
‘‘(A) by the Administrator using non-reimburs-
6
able funds appropriated for this purpose, or
7
‘‘(B) by the Indian tribe.
8
‘‘(2) P
RIORITY FOR ASSISTANCE FOR TRANSMISSION
9
STUDIES
.—In providing discretionary assistance to Indian
10
tribes under paragraph (1), each Administrator shall give
11
priority in funding to Indian tribes that have limited fi-
12
nancial capability to conduct such studies.
13
‘‘(c) P
OWER
A
LLOCATION
S
TUDY
.—(1) Not later than
14
2 years after the date of enactment of this Act, the Secretary
15
of Energy shall transmit to the Committees on Energy and
16
Commerce and Resources of the House of Representatives
17
and the Committees on Energy and Natural Resources and
18
Indian Affairs of the Senate a report on Indian tribes’ utili-
19
zation of Federal power allocations of the Western Area
20
Power Administration, or power sold by the Southwestern
21
Power Administration, and the Bonneville Power Adminis-
22
tration to or for the benefit of Indian tribes in their service
23
areas. The report shall identify—
24
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‘‘(A) the amount of power allocated to tribes by
1
the Western Area Power Administration, and how the
2
benefit of that power is utilized by the tribes;
3
‘‘(B) the amount of power sold to tribes by other
4
Power Marketing Administrations; and
5
‘‘(C) existing barriers that impede tribal access
6
to and utilization of Federal power, and opportuni-
7
ties to remove such barriers and improve the ability
8
of the Power Marketing Administration to facilitate
9
the utilization of Federal power by Indian tribes.
10
‘‘(2) The Power Marketing Administrations shall con-
11
sult with Indian tribes on a government-to-government
12
basis in developing the report provided in this section.
13
‘‘(d) A
UTHORIZATION
FOR
A
PPROPRIATION
.—There
14
are authorized to be appropriated to the Secretary of En-
15
ergy such sums as may be necessary to carry out the pur-
16
poses of this section.’’.
17
SEC. 408. FEASIBILITY STUDY OF COMBINED WIND AND HY-
18
DROPOWER DEMONSTRATION PROJECT.
19
(a) S
TUDY
.—The Secretary of Energy, in coordination
20
with the Secretary of the Army and the Secretary of the
21
Interior, shall conduct a study of the cost and feasibility
22
of developing a demonstration project that would use wind
23
energy generated by Indian tribes and hydropower gen-
24
erated by the Army Corps of Engineers on the Missouri
25
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River to supply firming power to the Western Area Power
1
Administration.
2
(b) S
COPE OF
S
TUDY
.—The study shall—
3
(1) determine the feasibility of the blending of
4
wind energy and hydropower generated from the Mis-
5
souri River dams operated by the Army Corps of En-
6
gineers;
7
(2) review historical purchase requirements and
8
projected purchase requirements for firming and the
9
patterns of availability and use of firming energy;
10
(3) assess the wind energy resource potential on
11
tribal lands and projected cost savings through a
12
blend of wind and hydropower over a thirty-year pe-
13
riod;
14
(4) include a preliminary interconnection study
15
and a determination of resource adequacy of the
16
Upper Great Plains Region of the Western Area
17
Power Administration;
18
(5) determine seasonal capacity needs and asso-
19
ciated transmission upgrades for integration of tribal
20
wind generation; and
21
(6) include an independent tribal engineer as a
22
study team member.
23
(c) R
EPORT
.—The Secretary of Energy and Secretary
24
of the Army shall submit a report to Congress not later than
25
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1 year after the date of enactment of this title. The Secre-
1
taries shall include in the report—
2
(1) an analysis of the potential energy cost sav-
3
ings to the customers of the Western Area Power Ad-
4
ministration through the blend of wind and hydro-
5
power;
6
(2) an evaluation of whether a combined wind
7
and hydropower system can reduce reservoir fluctua-
8
tion, enhance efficient and reliable energy production
9
and provide Missouri River management flexibility;
10
(3) recommendations for a demonstration project
11
which the Western Area Power Administration could
12
carry out in partnership with an Indian tribal gov-
13
ernment or tribal government energy consortium to
14
demonstrate the feasibility and potential of using
15
wind energy produced on Indian lands to supply
16
firming energy to the Western Area Power Adminis-
17
tration or other Federal power marketing agency; and
18
(4) an identification of the economic and envi-
19
ronmental benefits to be realized through such a Fed-
20
eral-tribal partnership and identification of how such
21
a partnership could contribute to the energy security
22
of the United States.
23
(d) C
ONSULTATION
.—The Secretary shall consult with
24
Indian tribes on a government-to-government basis in devel-
25
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HR 6 EAS1S/PP
oping the report and recommendations provided in this sec-
1
tion.
2
(e) A
UTHORIZATION OF
A
PPROPRIATIONS
.—There are
3
authorized to be appropriated $500,000 to carry out this
4
section, which shall remain available until expended. All
5
costs incurred by the Western Area Power Administration
6
associated with performing the tasks required under this
7
section shall be nonreimbursable.
8
TITLE V—NUCLEAR POWER
9
Subtitle A—Price-Anderson Act
10
Reauthorization
11
SEC. 501. SHORT TITLE.
12
This subtitle may be cited as the ‘‘Price-Anderson
13
Amendments Act of 2003’’.
14
SEC. 502. EXTENSION OF INDEMNIFICATION AUTHORITY.
15
(a) I
NDEMNIFICATION
OF
N
UCLEAR
R
EGULATORY
16
C
OMMISSION
L
ICENSEES
.—Section 170c. of the Atomic En-
17
ergy Act of 1954 (42 U.S.C. 2210(c)) is amended—
18
(1) in the subsection heading, by striking ‘‘L
I
-
19
CENSES
’’ and inserting ‘‘L
ICENSEES
’’; and
20
(2) by striking ‘‘August 1, 2002’’ each place it
21
appears and inserting ‘‘August 1, 2012’’.
22
(b) I
NDEMNIFICATION OF
D
EPARTMENT OF
E
NERGY
23
C
ONTRACTORS
.—Section 170d.(1)(A) of the Atomic Energy
24
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HR 6 EAS1S/PP
Act of 1954 (42 U.S.C. 2210(d)(1)(A)) is amended by strik-
1
ing ‘‘, until August 1, 2002,’’.
2
(c) I
NDEMNIFICATION OF
N
ONPROFIT
E
DUCATIONAL
3
I
NSTITUTIONS
.—Section 170k. of the Atomic Energy Act of
4
1954 (42 U.S.C. 2210(k)) is amended by striking ‘‘August
5
1, 2002’’ each place it appears and inserting ‘‘August 1,
6
2012’’.
7
SEC. 503. DEPARTMENT OF ENERGY LIABILITY LIMIT.
8
(a) I
NDEMNIFICATION OF
D
EPARTMENT OF
E
NERGY
9
C
ONTRACTORS
.—Section 170d. of the Atomic Energy Act
10
of 1954 (42 U.S.C. 2210(d)) is amended by striking para-
11
graph (2) and inserting the following:
12
‘‘(2) In agreements of indemnification entered
13
into under paragraph (1), the Secretary—
14
‘‘(A) may require the contractor to provide
15
and maintain financial protection of such a type
16
and in such amounts as the Secretary shall de-
17
termine to be appropriate to cover public liabil-
18
ity arising out of or in connection with the con-
19
tractual activity; and
20
‘‘(B) shall indemnify the persons indem-
21
nified against such liability above the amount of
22
the financial protection required, in the amount
23
of $10,000,000,000 (subject to adjustment for in-
24
flation under subsection t.), in the aggregate, for
25
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all persons indemnified in connection with such
1
contract and for each nuclear incident, including
2
such legal costs of the contractor as are approved
3
by the Secretary.’’.
4
(b) C
ONTRACT
A
MENDMENTS
.—Section 170d. of the
5
Atomic Energy Act of 1954 (42 U.S.C. 2210(d)) is further
6
amended by striking paragraph (3) and inserting the fol-
7
lowing:
8
‘‘(3) All agreements of indemnification under
9
which the Department of Energy (or its predecessor
10
agencies) may be required to indemnify any person
11
under this section shall be deemed to be amended, on
12
the date of the enactment of the Price-Anderson
13
Amendments Act of 2003, to reflect the amount of in-
14
demnity for public liability and any applicable fi-
15
nancial protection required of the contractor under
16
this subsection.’’.
17
(c) L
IABILITY
L
IMIT
.—Section 170e.(1)(B) of the
18
Atomic Energy Act of 1954 (42 U.S.C. 2210(e)(1)(B)) is
19
amended—
20
(1) by striking ‘‘the maximum amount of finan-
21
cial protection required under subsection b. or’’; and
22
(2) by striking ‘‘paragraph (3) of subsection d.,
23
whichever amount is more’’ and inserting ‘‘paragraph
24
(2) of subsection d.’’.
25
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SEC. 504. INCIDENTS OUTSIDE THE UNITED STATES.
1
(a) A
MOUNT OF
I
NDEMNIFICATION
.—Section 170d.(5)
2
of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)(5))
3
is amended by striking ‘‘$100,000,000’’ and inserting
4
‘‘$500,000,000’’.
5
(b) L
IABILITY
L
IMIT
.—Section 170e.(4) of the Atomic
6
Energy Act of 1954 (42 U.S.C. 2210(e)(4)) is amended by
7
striking ‘‘$100,000,000’’ and inserting ‘‘$500,000,000’’.
8
SEC. 505. REPORTS.
9
Section 170p. of the Atomic Energy Act of 1954 (42
10
U.S.C. 2210(p)) is amended by striking ‘‘August 1, 1998’’
11
and inserting ‘‘August 1, 2008’’.
12
SEC. 506. INFLATION ADJUSTMENT.
13
Section 170t. of the Atomic Energy Act of 1954 (42
14
U.S.C. 2210(t)) is amended—
15
(1) by redesignating paragraph (2) as para-
16
graph (3); and
17
(2) by adding after paragraph (1) the following:
18
‘‘(2) The Secretary shall adjust the amount of in-
19
demnification provided under an agreement of indem-
20
nification under subsection d. not less than once dur-
21
ing each 5-year period following July 1, 2002, in ac-
22
cordance with the aggregate percentage change in the
23
Consumer Price Index since—
24
‘‘(A) that date, in the case of the first ad-
25
justment under this paragraph; or
26
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‘‘(B) the previous adjustment under this
1
paragraph.’’.
2
SEC. 507. CIVIL PENALTIES.
3
(a) R
EPEAL
OF
A
UTOMATIC
R
EMISSION
.—Section
4
234Ab.(2) of the Atomic Energy Act of 1954 (42 U.S.C.
5
2282a(b)(2)) is amended by striking the last sentence.
6
(b) L
IMITATION
FOR
N
OT
-F
OR
-P
ROFIT
I
NSTITU
-
7
TIONS
.—Subsection d. of section 234A of the Atomic Energy
8
Act of 1954 (42 U.S.C. 2282a(d)) is amended to read as
9
follows:
10
‘‘d.(1) Notwithstanding subsection a., in the case
11
of any not-for-profit contractor, subcontractor, or sup-
12
plier, the total amount of civil penalties assessed
13
under subsection a. may not exceed the total amount
14
of fees paid within any one-year period (as deter-
15
mined by the Secretary) under the contract under
16
which the violation occurs.
17
‘‘(2) For purposes of this section, the term ‘not-
18
for-profit’ means that no part of the net earnings of
19
the contractor, subcontractor, or supplier inures, or
20
may lawfully inure, to the benefit of any natural per-
21
son or for-profit artificial person.’’.
22
(c) E
FFECTIVE
D
ATE
.—The amendments made by this
23
section shall not apply to any violation of the Atomic En-
24
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HR 6 EAS1S/PP
ergy Act of 1954 occurring under a contract entered into
1
before the date of enactment of this section.
2
SEC. 508. TREATMENT OF MODULAR REACTORS.
3
Section 170b. of the Atomic Energy Act of 1954 (42
4
U.S.C. 2210(b)) is amended by adding at the end the fol-
5
lowing:
6
‘‘(5)(A) For purposes of this section only, the
7
Commission shall consider a combination of facilities
8
described in subparagraph (B) to be a single facility
9
having a rated capacity of 100,000 electrical kilo-
10
watts or more.
11
‘‘(B) A combination of facilities referred to in
12
subparagraph (A) is two or more facilities located at
13
a single site, each of which has a rated capacity of
14
100,000 electrical kilowatts or more but not more
15
than 300,000 electrical kilowatts, with a combined
16
rated capacity of not more than 1,300,000 electrical
17
kilowatts.’’.
18
SEC. 509. EFFECTIVE DATE.
19
The amendments made by sections 503(a) and 504 do
20
not apply to any nuclear incident that occurs before the
21
date of the enactment of this subtitle.
22
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Subtitle B—Miscellaneous
1
Provisions
2
SEC. 511. URANIUM SALES.
3
(a) I
NVENTORY
S
ALES
.—Section 3112(d) of the USEC
4
Privatization Act (42 U.S.C. 2297h–10(d)) is amended to
5
read as follows:
6
‘‘(d) I
NVENTORY
S
ALES
.—(1) In addition to the trans-
7
fers authorized under subsections (b), (c), and (e), the Sec-
8
retary may, from time to time, sell or transfer uranium
9
(including natural uranium concentrates, natural uranium
10
hexafluoride, enriched uranium, and depleted uranium)
11
from the Department of Energy’s stockpile.
12
‘‘(2) Except as provided in subsections (b), (c), and
13
(e), the Secretary may not deliver uranium in any form
14
for consumption by end users in any year in excess of the
15
following amounts:
16
‘‘Annual Maximum Deliveries to End Users
(Million lbs. U
3
O
8
‘‘Year:
equivalent)
2003 through 2009 .....................................................................
3
2010 ............................................................................................
5
2011 ............................................................................................
5
2012 ............................................................................................
7
2013 and each year thereafter ..................................................
10.
‘‘(3) Except as provided in subsections (b), (c), and
17
(e), no sale or transfer of uranium in any form shall be
18
made unless—
19
‘‘(A) the President determines that the material
20
is not necessary for national security needs;
21
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