[105th Congress Public Law 236]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ236.105]


[[Page 1541]]

     TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT CONSENT ACT

[[Page 112 STAT. 1542]]

Public Law 105-236
105th Congress

                                 An Act


 
To grant the consent of the Congress to the Texas Low-Level Radioactive 
     Waste Disposal <<NOTE:  Sept. 20, 1998 -  [H.R. 629]>> Compact.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Texas Low-Level Radioactive 
Waste Disposal Compact Consent Act. Maine. Vermont.>> assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Texas Low-Level Radioactive Waste 
Disposal Compact Consent Act''.

SEC. 2. CONGRESSIONAL <<NOTE: 42 USC 2021d note. 42 USC 2021d 
            note.>> FINDING.

    The Congress finds that the compact set forth in section 5 is in 
furtherance of the Low-Level Radioactive Waste Policy Act (42 U.S.C. 
2021b et seq.).

SEC. 3. CONDITIONS OF CONSENT TO <<NOTE: 42 USC 2021d note.>> COMPACT.

    The consent of the Congress to the compact set forth in 
section 5--
            (1) shall become effective on the <<NOTE: Effective 
        date.>> date of the enactment of this Act;
            (2) is granted subject to the provisions of the Low-Level 
        Radioactive Waste Policy Act (42 U.S.C. 2021b et seq.); and
            (3) is granted only for so long as the regional commission 
        established in the compact complies with all of the provisions 
        of such Act.

SEC. 4. CONGRESSIONAL <<NOTE: 42 USC 2021d note.>> REVIEW.

    The Congress may alter, amend, or repeal this Act with respect to 
the compact set forth in section 5 after the expiration of the 10-year 
period following the date of the enactment of this Act, and at such 
intervals thereafter as may be provided in such compact.

SEC. 5. TEXAS LOW-LEVEL <<NOTE: 42 USC 2021d note.>> RADIOACTIVE WASTE 
            COMPACT.

    (a) Consent of Congress.--In accordance with section 4(a)(2) of the 
Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021d(a)(2)), the 
consent of Congress is given to the States of Texas, Maine, and Vermont 
to enter into the compact set forth in subsection (b).
    (b) Text of Compact.--The compact reads substantially as follows:

[[Page 112 STAT. 1543]]

          ``texas low-level radioactive waste disposal compact

                     ``article i. policy and purpose

    ``Sec. 1.01. The party states recognize a responsibility for each 
state to seek to manage low-level radioactive waste generated within its 
boundaries, pursuant to the Low-Level Radioactive Waste Policy Act, as 
amended by the Low-Level Radioactive Waste Policy Amendments Act of 1985 
(42 U.S.C. 2021b-2021j). They also recognize that the United States 
Congress, by enacting the Act, has authorized and encouraged states to 
enter into compacts for the efficient management and disposal of low-
level radioactive waste. It is the policy of the party states to 
cooperate in the protection of the health, safety, and welfare of their 
citizens and the environment and to provide for and encourage the 
economical management and disposal of low-level radioactive waste. It is 
the purpose of this compact to provide the framework for such a 
cooperative effort; to promote the health, safety, and welfare of the 
citizens and the environment of the party states; to limit the number of 
facilities needed to effectively, efficiently, and economically manage 
low-level radioactive waste and to encourage the reduction of the 
generation thereof; and to distribute the costs, benefits, and 
obligations among the party states; all in accordance with the terms of 
this compact.

                        ``article ii. definitions

    ``Sec. 2.01. As used in this compact, unless the context clearly 
indicates otherwise, the following definitions apply:
            ``(1) `Act' means the Low-Level Radioactive Waste Policy 
        Act, as amended by the Low-Level Radioactive Waste Policy 
        Amendments Act of 1985 (42 U.S.C. 2021b-2021j).
            ``(2) `Commission' means the Texas Low-Level Radioactive 
        Waste Disposal Compact Commission established in Article III of 
        this compact.
            ``(3) `Compact facility' or `facility' means any site, 
        location, structure, or property located in and provided by the 
        host state for the purpose of management or disposal of low-
        level radioactive waste for which the party states are 
        responsible.
            ``(4) `Disposal' means the permanent isolation of low-level 
        radioactive waste pursuant to requirements established by the 
        United States Nuclear Regulatory Commission and the United 
        States Environmental Protection Agency under applicable laws, or 
        by the host state.
            ``(5) `Generate,' when used in relation to low-level 
        radioactive waste, means to produce low-level radioactive waste.
            ``(6) `Generator' means a person who produces or processes 
        low-level radioactive waste in the course of its activities, 
        excluding persons who arrange for the collection, 
        transportation, management, treatment, storage, or disposal of 
        waste generated outside the party states, unless approved by the 
        commission.
            ``(7) `Host county' means a county in the host state in 
        which a disposal facility is located or is being developed.
            ``(8) `Host state' means a party state in which a compact 
        facility is located or is being developed. The State of Texas is 
        the host state under this compact.
            ``(9) `Institutional control period' means that period of 
        time following closure of the facility and transfer of the 
        facility

[[Page 112 STAT. 1544]]

        license from the operator to the custodial agency in compliance 
        with the appropriate regulations for long-term observation and 
        maintenance.
            ``(10) `Low-level radioactive waste' has the same meaning as 
        that term is defined in Section 2(9) of the Act (42 U.S.C. 
        2021b(9)), or in the host state statute so long as the waste is 
        not incompatible with management and disposal at the compact 
        facility.
            ``(11) `Management' means collection, consolidation, 
        storage, packaging, or treatment.
            ``(12) `Operator' means a person who operates a disposal 
        facility.
            ``(13) `Party state' means any state that has become a party 
        in accordance with Article VII of this compact. Texas, Maine, 
        and Vermont are initial party states under this compact.
            ``(14) `Person' means an individual, corporation, 
        partnership or other legal entity, whether public or private.
            ``(15) `Transporter' means a person who transports low-level 
        radioactive waste.

                      ``article iii. the commission

    ``Sec. 3.01. <<NOTE: Establishment.>> There is hereby established 
the Texas Low-Level Radioactive Waste Disposal Compact Commission. The 
commission shall consist of one voting member from each party state 
except that the host state shall be entitled to six voting members. 
Commission members shall be appointed by the party state governors, as 
provided by the laws of each party state. Each party state may provide 
alternates for each appointed member.

    ``Sec. 3.02. A quorum of the commission consists of a majority of 
the members. Except as otherwise provided in this compact, an official 
act of the commission must receive the affirmative vote of a majority of 
its members.
    ``Sec. 3.03. The commission is a legal entity separate and distinct 
from the party states and has governmental immunity to the same extent 
as an entity created under the authority of Article XVI, Section 59, of 
the Texas Constitution. Members of the commission shall not be 
personally liable for actions taken in their official capacity. The 
liabilities of the commission shall not be deemed liabilities of the 
party states.
    ``Sec. 3.04. The commission shall:
            ``(1) Compensate its members according to the host state's 
        law.
            ``(2) Conduct <<NOTE: Records.>> its business, hold 
        meetings, and maintain public records pursuant to laws of the 
        host state, except that notice of public meetings shall be given 
        in the non-host party states in accordance with their respective 
        statutes.
            ``(3) Be located in the capital city of the host state.
            ``(4) Meet at least once a year and upon the call of the 
        chair, or any member. The governor of the host state shall 
        appoint a chair and vice-chair.
            ``(5) Keep <<NOTE: Records.>> an accurate account of all 
        receipts and disbursements. An annual audit of the books of the 
        commission shall be conducted by an independent certified public 
        accountant, and the audit report shall be made a part of the 
        annual report of the commission.
            ``(6) Approve a budget each year and establish a fiscal year 
        that conforms to the fiscal year of the host state.

[[Page 112 STAT. 1545]]

            ``(7) Prepare, adopt, and implement contingency plans for 
        the disposal and management of low-level radioactive waste in 
        the event that the compact facility should be closed. Any plan 
        which requires the host state to store or otherwise manage the 
        low-level radioactive waste from all the party states must be 
        approved by at least four host state members of the commission. 
        The commission, in a contingency plan or otherwise, may not 
        require a non-host party state to store low-level radioactive 
        waste generated outside of the state.
            ``(8) Submit <<NOTE: Reports. Deadline.>> communications to 
        the governors and to the presiding officers of the legislatures 
        of the party states regarding the activities of the commission, 
        including an annual report to be submitted on or before January 
        31 of each year.
            ``(9) Assemble <<NOTE: Public information.>> and make 
        available to the party states, and to the public, information 
        concerning low-level radioactive waste management needs, 
        technologies, and problems.
            ``(10) Keep <<NOTE: Records.>> a current inventory of all 
        generators within the party states, based upon information 
        provided by the party states.
            ``(11) By <<NOTE: Deadline.>> no later than 180 days after 
        all members of the commission are appointed under Section 3.01 
        of this article, establish by rule the total volume of low-level 
        radioactive waste that the host state will dispose of in the 
        compact facility in the years 1995-2045, including 
        decommissioning waste. The shipments of low-level radioactive 
        waste from all non-host party states shall not exceed 20 percent 
        of the volume estimated to be disposed of by the host state 
        during the 50-year period. When averaged over such 50-year 
        period, the total of all shipments from non-host party states 
        shall not exceed 20,000 cubic feet a year. The commission shall 
        coordinate the volumes, timing, and frequency of shipments from 
        generators in the non-host party states in order to assure that 
        over the life of this agreement shipments from the non-host 
        party states do not exceed 20 percent of the volume projected by 
        the commission under this paragraph.

    ``Sec. 3.05. The commission may:
            ``(1) Employ staff necessary to carry out its duties and 
        functions. The commission is authorized to use to the extent 
        practicable the services of existing employees of the party 
        states. Compensation shall be as determined by the commission.
            ``(2) Accept any grants, equipment, supplies, materials, or 
        services, conditional or otherwise, from the federal or state 
        government. The nature, amount and condition, if any, of any 
        donation, grant or other resources accepted pursuant to this 
        paragraph and the identity of the donor or grantor shall be 
        detailed in the annual report of the commission.
            ``(3) Enter into contracts to carry out its duties and 
        authority, subject to projected resources. No contract made by 
        the commission shall bind a party state.
            ``(4) Adopt, by a majority vote, bylaws and rules necessary 
        to carry out the terms of this compact. Any rules promulgated by 
        the commission shall be adopted in accordance with the 
        Administrative Procedure and Texas Register Act (Article 6252-
        13a, Vernon's Texas Civil Statutes).
            ``(5) Sue and be sued and, when authorized by a majority 
        vote of the members, seek to intervene in administrative or 
        judicial proceedings related to this compact.

[[Page 112 STAT. 1546]]

            ``(6) Enter into an agreement with any person, state, 
        regional body, or group of states for the importation of low-
        level radioactive waste into the compact for management or 
        disposal, provided that the agreement receives a majority vote 
        of the commission. The commission may adopt such conditions and 
        restrictions in the agreement as it deems advisable.
            ``(7) Upon petition, allow an individual generator, a group 
        of generators, or the host state of the compact, to export low-
        level waste to a low-level radioactive waste disposal facility 
        located outside the party states. The commission may approve the 
        petition only by a majority vote of its members. The permission 
        to export low-level radioactive waste shall be effective for 
        that period of time and for the specified amount of low-level 
        radioactive waste, and subject to any other term or condition, 
        as is determined by the commission.
            ``(8) Monitor the exportation outside of the party states of 
        material, which otherwise meets the criteria of low-level 
        radioactive waste, where the sole purpose of the exportation is 
        to manage or process the material for recycling or waste 
        reduction and return it to the party states for disposal in the 
        compact facility.

    ``Sec. 3.06. Jurisdiction and venue of any action contesting any 
action of the commission shall be in the United States District Court in 
the district where the commission maintains its office.

 ``article iv. rights, responsibilities, and obligations of party states

    ``Sec. 4.01. The host state shall develop and have full 
administrative control over the development, management and operation of 
a facility for the disposal of low-level radioactive waste generated 
within the party states. The host state shall be entitled to unlimited 
use of the facility over its operating life. Use of the facility by the 
non-host party states for disposal of low-level radioactive waste, 
including such waste resulting from decommissioning of any nuclear 
electric generation facilities located in the party states, is limited 
to the volume requirements of Section 3.04(11) of Article III.
    ``Sec. 4.02. Low-level radioactive waste generated within the party 
states shall be disposed of only at the compact facility, except as 
provided in Section 3.05(7) of Article III.
    ``Sec. 4.03. The initial states of this compact cannot be members of 
another low-level radioactive waste compact entered into pursuant to the 
Act.
    ``Sec. 4.04. The host state shall do the following:
            ``(1) Cause a facility to be developed in a timely manner 
        and operated and maintained through the institutional control 
        period.
            ``(2) Ensure, consistent with any applicable federal and 
        host state laws, the protection and preservation of the 
        environment and the public health and safety in the siting, 
        design, development, licensing, regulation, operation, closure, 
        decommissioning, and long-term care of the disposal facilities 
        within the host state.
            ``(3) Close the facility when reasonably necessary to 
        protect the public health and safety of its citizens or to 
        protect its natural resources from <<NOTE: Notification.>> harm. 
        However, the host state shall notify the commission of the 
        closure within three days of its action and shall, within 30 
        working days of its action, provide

[[Page 112 STAT. 1547]]

        a written explanation to the commission of the closure, and 
        implement any adopted contingency plan.
            ``(4) Establish reasonable fees for disposal at the facility 
        of low-level radioactive waste generated in the party states 
        based on disposal fee criteria set out in Sections 402.272 and 
        402.273, Texas Health and Safety Code. The same fees shall be 
        charged for the disposal of low-level radioactive waste that was 
        generated in the host state and in the non-host party states. 
        Fees shall also be sufficient to reasonably support the 
        activities of the Commission.
            ``(5) Submit <<NOTE: Reports.>> an annual report to the 
        commission on the status of the facility, including projections 
        of the facility's anticipated future capacity, and on the 
        related funds.
            ``(6) Notify <<NOTE: Notification.>> the Commission 
        immediately upon the occurrence of any event which could cause a 
        possible temporary or permanent closure of the facility and 
        identify all reasonable options for the disposal of low-level 
        radioactive waste at alternate compact facilities or, by 
        arrangement and Commission vote, at noncompact facilities.
            ``(7) Promptly <<NOTE: Notification.>> notify the other 
        party states of any legal action involving the facility.
            ``(8) Identify and regulate, in accordance with federal and 
        host state law, the means and routes of transportation of low-
        level radioactive waste in the host state.

    ``Sec. 4.05. Each party state shall do the following:
            ``(1) Develop and enforce procedures requiring low-level 
        radioactive waste shipments originating within its borders and 
        destined for the facility to conform to packaging, processing, 
        and waste form specifications of the host state.
            ``(2) Maintain a registry of all generators within the state 
        that may have low-level radioactive waste to be disposed of at a 
        facility, including, but not limited to, the amount of low-level 
        radioactive waste and the class of low-level radioactive waste 
        generated by each generator.
            ``(3) Develop and enforce procedures requiring generators 
        within its borders to minimize the volume of low-level 
        radioactive waste requiring disposal. Nothing in this compact 
        shall prohibit the storage, treatment, or management of waste by 
        a generator.
            ``(4) Provide the commission with any data and information 
        necessary for the implementation of the commission's 
        responsibilities, including taking those actions necessary to 
        obtain this data or information.
            ``(5) Pay for community assistance projects designated by 
        the host county in an amount for each non-host party state equal 
        to 10 percent of the payment provided for in Article V for each 
        such state. One-half of the payment shall be due and payable to 
        the host county on the first day of the month following 
        ratification of this compact agreement by Congress and one-half 
        of the payment shall be due and payable on the first day of the 
        month following the approval of a facility operating license by 
        the host state's regulatory body.
            ``(6) Provide financial support for the commission's 
        activities prior to the date of facility operation and 
        subsequent to the date of congressional ratification of this 
        compact under Section 7.07 of Article VII. Each party state will 
        be responsible for

[[Page 112 STAT. 1548]]

        annual payments equalling its pro-rata share of the commission's 
        expenses, incurred for administrative, legal, and other purposes 
        of the commission.
            ``(7) If agreed by all parties to a dispute, submit the 
        dispute to arbitration or other alternate dispute resolution 
        process. If arbitration is agreed upon, the governor of each 
        party state shall appoint an arbitrator. If the number of party 
        states is an even number, the arbitrators so chosen shall 
        appoint an additional arbitrator. The determination of a 
        majority of the arbitrators shall be binding on the party 
        states. Arbitration proceedings shall be conducted in accordance 
        with the provisions of 9 U.S.C. Sections 1 to 16. If all parties 
        to a dispute do not agree to arbitration or alternate dispute 
        resolution process, the United States District Court in the 
        district where the commission maintains its office shall have 
        original jurisdiction over any action between or among parties 
        to this compact.
            ``(8) Provide on a regular basis to the commission and host 
        state--
                    ``(A) an accounting of waste shipped and proposed to 
                be shipped to the compact facility, by volume and 
                curies;
                    ``(B) proposed transportation methods and routes; 
                and
                    ``(C) proposed shipment schedules.
            ``(9) Seek to join in any legal action by or against the 
        host state to prevent nonparty states or generators from 
        disposing of low-level radioactive waste at the facility.

    ``Sec. 4.06. Each party state shall act in good faith and may rely 
on the good faith performance of the other party states regarding 
requirements of this compact.

                 ``article v. party state contributions

    ``Sec. 5.01. Each party state, except the host state, shall 
contribute a total of $25 million to the host state. Payments shall be 
deposited in the host state treasury to the credit of the low-level 
waste fund in the following manner except as otherwise provided. 
Not <<NOTE: Deadline.>> later than the 60th day after the date of 
congressional ratification of this compact, each non-host party state 
shall pay to the host state $12.5 million. <<NOTE: Deadline.>> Not later 
than the 60th day after the date of the opening of the compact facility, 
each non-host party state shall pay to the host state an additional 
$12.5 million.

    ``Sec. 5.02. As an alternative, the host state and the non-host 
states may provide for payments in the same total amount as stated above 
to be made to meet the principal and interest expense associated with 
the bond indebtedness or other form of indebtedness issued by the 
appropriate agency of the host state for purposes associated with the 
development, operation, and post-closure monitoring of the compact 
facility. In the event the member states proceed in this manner, the 
payment schedule shall be determined in accordance with the schedule of 
debt repayment. This schedule shall replace the payment schedule 
described in Section 5.01 of this article.

               ``article vi. prohibited acts and penalties

    ``Sec. 6.01. No person shall dispose of low-level radioactive waste 
generated within the party states unless the disposal is at the compact 
facility, except as otherwise provided in Section 3.05(7) of Article 
III.

[[Page 112 STAT. 1549]]

    ``Sec. 6.02. No person shall manage or dispose of any low-level 
radioactive waste within the party states unless the low-level 
radioactive waste was generated within the party states, except as 
provided in Section 3.05(6) of Article III. Nothing herein shall be 
construed to prohibit the storage or management of low-level radioactive 
waste by a generator, nor its disposal pursuant to 10 C.F.R. Part 
20.302.
    ``Sec. 6.03. Violations of this article may result in prohibiting 
the violator from disposing of low-level radioactive waste in the 
compact facility, or in the imposition of penalty surcharges on 
shipments to the facility, as determined by the commission.

 ``article vii. eligibility, entry into effect; congressional consent; 
                          withdrawal; exclusion

    ``Sec. 7.01. The states of Texas, Maine, and Vermont are party 
states to this compact. Any other state may be made eligible for party 
status by a majority vote of the commission and ratification by the 
legislature of the host state, subject to fulfillment of the rights of 
the initial non-host party states under Section 3.04(11) of Article III 
and Section 4.01 of Article IV, and upon compliance with those terms and 
conditions for eligibility that the host state may establish. The host 
state may establish all terms and conditions for the entry of any state, 
other than the states named in this section, as a member of this 
compact; provided, however, the specific provisions of this compact, 
except for those pertaining to the composition of the commission and 
those pertaining to Section 7.09 of this article, may not be changed 
except upon ratification by the legislatures of the party states.
    ``Sec. 7.02. Upon compliance with the other provisions of this 
compact, a state made eligible under Section 7.01 of this article may 
become a party state by legislative enactment of this compact or by 
executive order of the governor of the state adopting this compact. A 
state becoming a party state by executive order shall cease to be a 
party state upon adjournment of the first general session of its 
legislature convened after the executive order is issued, unless before 
the adjournment, the legislature enacts this compact.
    ``Sec. 7.03. Any party state may withdraw from this compact by 
repealing enactment of this compact subject to the provisions herein. In 
the event the host state allows an additional state or additional states 
to join the compact, the host state's legislature, without the consent 
of the non-host party states, shall have the right to modify the 
composition of the commission so that the host state shall have a voting 
majority on the commission, provided, however, that any modification 
maintains the right of each initial party state to retain one voting 
member on the commission.
    ``Sec. 7.04. <<NOTE: Effective date.>> If the host state withdraws 
from the compact, the withdrawal shall not become effective until five 
years after enactment of the repealing legislation and the non-host 
party states may continue to use the facility during that time. The 
financial obligation of the non-host party states under Article V shall 
cease immediately upon enactment of the repealing legislation. If the 
host state withdraws from the compact or abandons plans to operate a 
facility prior to the date of any non-host party state payment under 
Sections 4.05(5) and (6) of Article IV or Article V, the non-host party 
states are relieved of any obligations to make the contributions. This 
section sets out the exclusive remedies for the

[[Page 112 STAT. 1550]]

non-host party states if the host state withdraws from the compact or is 
unable to develop and operate a compact facility.

    ``Sec. 7.05. <<NOTE: Effective date.>> A party state, other than the 
host state, may withdraw from the compact by repealing the enactment of 
this compact, but this withdrawal shall not become effective until two 
years after the effective date of the repealing legislation. During this 
two-year period the party state will continue to have access to the 
facility. The withdrawing party shall remain liable for any payments 
under Sections 4.05(5) and (6) of Article IV that were due during the 
two-year period, and shall not be entitled to any refund of payments 
previously made.

    ``Sec. 7.06. Any party state that substantially fails to comply with 
the terms of the compact or to fulfill its obligations hereunder may 
have its membership in the compact revoked by a seven-eighths vote of 
the commission following notice that a hearing will be scheduled not 
less than six months from the date of the notice. In all other respects, 
revocation proceedings undertaken by the commission will be subject to 
the Administrative Procedure and Texas Register Act (Article 6252-13a, 
Vernon's Texas Civil Statutes), except that a party state may appeal the 
commission's revocation decision to the United States District Court in 
accordance with Section 3.06 of Article III. <<NOTE: Effective 
date.>> Revocation shall take effect one year from the date such party 
state receives written notice from the commission of a final 
action. <<NOTE: Notice.>> Written notice of revocation shall be 
transmitted immediately following the vote of the commission, by the 
chair, to the governor of the affected party state, all other governors 
of party states, and to the United States Congress.

    ``Sec. 7.07. <<NOTE: Effective date.>> This compact shall take 
effect following its enactment under the laws of the host state and any 
other party state and thereafter upon the consent of the United States 
Congress and shall remain in effect until otherwise provided by federal 
law. If Texas and either Maine or Vermont ratify this compact, the 
compact shall be in full force and effect as to Texas and the other 
ratifying state, and this compact shall be interpreted as follows:
            ``(1) Texas and the other ratifying state are the initial 
        party states.
            ``(2) The commission shall consist of two voting members 
        from the other ratifying state and six from Texas.
            ``(3) Each party state is responsible for its pro-rata share 
        of the commission's expenses.

    ``Sec. 7.08. This compact is subject to review by the United States 
Congress and the withdrawal of the consent of Congress every five years 
after its effective date, pursuant to federal law.
    ``Sec. 7.09. The host state legislature, with the approval of the 
governor, shall have the right and authority, without the consent of the 
non-host party states, to modify the provisions contained in Section 
3.04(11) of Article III to comply with Section 402.219(c)(1), Texas 
Health & Safety Code, as long as the modification does not impair the 
rights of the initial non-host party states.

              ``article viii. construction and severability

    ``Sec. 8.01. The provisions of this compact shall be broadly 
construed to carry out the purposes of the compact, but the sovereign 
powers of a party shall not be infringed upon unnecessarily.
    ``Sec. 8.02. This compact does not affect any judicial proceeding 
pending on the effective date of this compact.

[[Page 112 STAT.1551]]

    ``Sec. 8.03. No party state acquires any liability, by joining this 
compact, resulting from the siting, operation, maintenance, long-term 
care or any other activity relating to the compact facility. No non-host 
party state shall be liable for any harm or damage from the siting, 
operation, maintenance, or long-term care relating to the compact 
facility. Except as otherwise expressly provided in this compact, 
nothing in this compact shall be construed to alter the incidence of 
liability of any kind for any act or failure to act. Generators, 
transporters, owners and operators of the facility shall be liable for 
their acts, omissions, conduct or relationships in accordance with 
applicable law. By entering into this compact and securing the 
ratification by Congress of its terms, no party state acquires a 
potential liability under section 5(d)(2)(C) of the Act (42 U.S.C. Sec. 
2021e(d)(2)(C)) that did not exist prior to entering into this compact.
    ``Sec. 8.04. If a party state withdraws from the compact pursuant to 
Section 7.03 of Article VII or has its membership in this compact 
revoked pursuant to section 7.06 of Article VII, the withdrawal or 
revocation shall not affect any liability already incurred by or 
chargeable to the affected state under Section 8.03 of this article.
    ``Sec. 8.05. The provisions of this compact shall be severable and 
if any phrase, clause, sentence, or provision of this compact is 
declared by a court of competent jurisdiction to be contrary to the 
constitution of any participating state or of the United States or the 
applicability thereof to any government, agency, person or circumstances 
is held invalid, the validity of the remainder of this compact and the 
applicability thereof to any government, agency, person, or circumstance 
shall not be affected thereby to the extent the remainder can in all 
fairness be given effect. If any provision of this compact shall be held 
contrary to the constitution of any state participating therein, the 
compact shall remain in full force and effect as to the state affected 
as to all severable matters.
    ``Sec. 8.06. Nothing in this compact diminishes or otherwise impairs 
the jurisdiction, authority, or discretion of either of the following:
            ``(1) The United States Nuclear Regulatory Commission 
        pursuant to the Atomic Energy Act of 1954, as amended (42 U.S.C. 
        Sec. 2011 et seq.).
            ``(2) An agreement state under section 274 of the Atomic 
        Energy Act of 1954, as amended (42 U.S.C. Sec. 2021).

    ``Sec. 8.07. Nothing in this compact confers any new authority on 
the states or commission to do any of the following:
            ``(1) Regulate the packaging or transportation of low-level 
        radioactive waste in a manner inconsistent with the regulations 
        of the United States Nuclear Regulatory Commission or the United 
        States Department of Transportation.

[[Page 112 STAT. 1552]]

            ``(2) Regulate health, safety, or environmental hazards from 
        source, by-product, or special nuclear material.
            ``(3) Inspect the activities of licensees of the agreement 
        states or of the United States Nuclear Regulatory Commission.''.

    Approved September 20, 1998.

LEGISLATIVE HISTORY--H.R. 629 (S. 270):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 105-181 (Comm. on Commerce) and 105-630 (Comm. of 
Conference).
CONGRESSIONAL RECORD:
                                                        Vol. 143 (1997):
                                    Oct. 7, considered and passed House.
                                                        Vol. 144 (1998):
                                    Apr. 1, considered and passed 
                                        Senate, amended.
                                    July 29, House agreed to conference 
                                        report.
                                    Sept. 1, 2, Senate considered and 
                                        agreed to conference report.

                                  <all>