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Mr. REID. Whatever the Senator needs, we will extend the time.

The PRESIDING OFFICER. Without objection, it is so ordered.

Mr. MURKOWSKI. I thank my friend. Let me begin again.

The administration's position states that S. 104 would `effectively replace EPA's authority to set acceptable release standards.' Our amendment, as I have stated earlier, places the EPA in a key role developing risk-based standards for the repository consistent with the recommendations of the National Academy of Sciences.

The administration position states that S. 104 would create loopholes in the application of the National Environmental Policy Act.

We have answered that. A full EIS is required prior to placement of any waste in temporary storage or the repository, and our amendment requires the evaluation of transportation which S. 104 excluded.

The administration also stated that S. 104 would `weaken existing environmental standards by preempting all Federal, State and local laws inconsistent with the environmental requirements of this bill and the Atomic Energy Act.'

Our amendment completely changes section 501 of the bill. There will be full application of health and safety laws except where the local jurisdiction attempts to unreasonably stand in the way of the Federal mandate.

The administration's position further states that S. 104 `would undermine the ongoing work at the permanent disposal site by siphoning away resources.'

That is simply not true. Our amendment establishes a user fee which was specifically added to provide sufficient funds for the construction and operation of a central storage facility and continued work at Yucca Mountain.

Finally, the administration's position states that `it would undermine the credibility of the Nation's nuclear waste disposal program by designating a site for an interim storage facility before viability has been assessed.'

As I have said earlier, that is simply not true. Our bill specifically conditions the use of the Nevada test site as a site for a temporary storage until completion, until completion of a viability assessment for the repository at Yucca Mountain. We have attempted to mirror the administration's position on this issue, and I think we have.

Mr. President, we have worked very hard to satisfy legitimate concerns of the administration and all Senators. We continue to remain open to suggestions. Our willingness to consider new approaches will not stop with the Senate passage of this bill. There will be consideration in the House, and there will be a conference. This is not the last word. We will continue our quest for compromise that is not only acceptable to a bipartisan majority of Congress but hopefully the President as well.

Finally, Mr. President, I want to again advise my colleagues of my thanks to Senator Bingaman for the efforts made to accommodate his amendments. I think we were able to accommodate seven of the eight. I would like to conclude by simply explaining the one that we could not resolve.

As the Chair is aware, Senator Bingaman opposes our provision, and that specific provision is if the Yucca Mountain site fails as a permanent disposal site, if it fails in the sense of the licensing viability or suitability test, why, then the President must pick an alternative temporary site. Our position is that if we should get to this point, and it is very unlikely that it could occur, that Yucca would fail as a permanent disposal site, it would be the President's obligation to pick a temporary site. It would also bind Congress in approving the President's site. However, if Congress does not approve, or if the President fails to pick a site in 2 1/2 years, then we go back to the Nevada test site more or less as the default position.

Senator Bingaman's position is a little different. He says if Yucca fails and the President picks a site, and, of course, Congress must approve, but if the Yucca site is not approved and the President does not pick, or Congress does not approve, then the waste would stay where it is, at 80 sites in 41 States, and it would stay there, well, until we developed a new nuclear waste program for the country. It could stay there basically, in his contention, for an extended period of time.