[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 113th Congress] [113rd Congress] [House Document 112-161] [Legislate Procedures Enacted in Law] [Pages 1242-1248] [From the U.S. Government Publishing Office, www.gpo.gov] a. high-level radioactive waste and spent nuclear fuel, Sec. Sec. 111-25 24. Nuclear Waste Policy Act of 1982 [42 U.S.C. 10101] [42 U.S.C. 10131-45] review of repository site selection, Sec. 115 [42 U.S.C. 10135] [[Page 1243]] tains; and the last blank space in such resolution shall be filled with the date of such submission. Sec. 115. (a) definition.--For purposes of this section, the term ``resolution of repository siting approval'' means a joint resolution of the Congress, the matter after the resolving clause of which is as follows: ``That there hereby is approved the site at ___ for a repository, with respect to which a notice of disapproval was submitted by ___ on ___''. The first blank space in such resolution shall be filled with the name of the geographic location of the proposed site of the repository to which such resolution pertains; the second blank space in such resolution shall be filled with the designation of the State Governor and legislature or Indian tribe governing body submitting the notice of disapproval to which such resolution per (b) state or indian tribe petitions.--The designation of a site as suitable for application for a construction authorization for a repository shall be effective at the end of the 60-day period beginning on the date that the President recommends such site to the Congress under section 114, unless the Governor and the legislature of the State in which such site is located, or the governing body of an Indian tribe on whose reservation such site is located, as the case may be, has submitted to the Congress a notice of disapproval under section 116 or 118. If any such notice of disapproval has been submitted, the designation of such site shall not be effective except as provided under subsection (c). (c) congressional review of petitions.--If any notice of disapproval of a repository site designation has been submitted to the Congress under section 116 or 118 after a recommendation for approval of such site is made by the President under section 114, such site shall be disapproved unless, during the first period of 90 calendar days of continuous session of the Congress after the date of the receipt by the Congress of such notice of disapproval, the Congress passes a resolution of repository siting approval in accordance with this subsection approving such site, and such resolution thereafter becomes law. (d) procedures applicable to the senate.--[see 42 U.S.C. 10135(d)] * * * (e) procedures applicable to the house of representatives.--(1) The provisions of this section are enacted by the Congress-- (A) as an exercise of the rulemaking power of the House of Representatives, and as such they are deemed a part of the rules of the House, but applicable only with respect to the procedure to be followed in the House in the case of resolutions of repository siting approval, and such provisions supersede other rules of the House only to the extent that they are inconsistent with such other rules; and (B) with full recognition of the constitutional right of the House to change the rules (so far as relating to the procedure of the House) at any time, in the same manner and to the same [[Page 1244]] extent as in the case of any other rule of the House. (2) Resolutions of repository siting approval shall, upon introduction, be immediately referred by the Speaker of the House to the appropriate committee or committees of the House. Any such resolution received from the Senate shall be held at the Speaker's table. (3) Upon the expiration of 60 days of continuous session after the introduction of the first resolution of repository siting approval with respect to any site, each committee to which such resolution was referred shall be discharged from further consideration of such resolution, and such resolution shall be referred to the appropriate calendar, unless such resolution or an identical resolution was previously reported by each committee to which it was referred. (4) It shall be in order for the Speaker to recognize a Member favoring a resolution to call up a resolution of repository siting approval after it has been on the appropriate calendar for 5 legislative days. When any such resolution is called up, the House shall proceed to its immediate consideration and the Speaker shall recognize the Member calling up such resolution and a Member opposed to such resolution for 2 hours of debate in the House, to be equally divided and controlled by such Members. When such time has expired, the previous question shall be considered as ordered on the resolution to adoption without intervening motion. No amendment to any such resolution shall be in order, nor shall it be in order to move to reconsider the vote by which such resolution is agreed to or disagreed to. (5) If the House receives from the Senate a resolution of repository siting approval with respect to any site, then the following procedures shall apply: (A) The resolution of the Senate with respect to such site shall not be referred to a committee. (B) With respect to the resolution of the House with respect to such site-- (i) the procedure with respect to that or other resolutions of the House with respect to such site shall be the same as if no resolution from the Senate with respect to such site had been received; but (ii) on any vote on final passage of a resolution of the House with respect to such site, a resolution from the Senate with respect to such site where the text is identical shall be automatically substituted for the [[Page 1245]] resolution of the House. (f) computation of days.--For purposes of this section-- (1) continuity of session of Congress is broken only by an adjournment sine die; and (2) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of the 90-day period referred to in subsection (c) and the 60-day period referred to in subsections (d) and (e). * * * The first time the House considered a measure under these procedures was to address the proposed Yucca Mountain Repository Site in the 107th Congress (H. J. Res. 87, May 8, 2002, p. 7145). A privileged joint resolution of approval called up under these procedures is subject to a point of order under section 425 of the Congressional Budget Act of 1974 (relating to unfunded mandates) (May 8, 2002, p. 7145). Sec. 1130(24B) b. interim storage program, Sec. Sec. 131-37 [42 U.S.C. 10151-57] review of storage sites and state participation, Sec. 135 [42 U.S.C. 10155] [[Page 1246]] storage capacity at such site was disapproved by such Governor or legislature or the governing body of such Indian tribe. Sec. 135. * * * (d) * * * (6)(A) Upon deciding to provide an aggregate of 300 or more metric tons of storage capacity under subsection (a)(1) at any one site, the Secretary shall notify the Governor and legislature of the State where such site is located, or the governing body of the Indian tribe in whose reservation such site is located, as the case may be, of such decision. During the 60-day period following receipt of notification by the Secretary of his decision to provide an aggregate of 300 or more metric tons of storage capacity at any one site, the Governor or legislature of the State in which such site is located, or the governing body of the affected Indian tribe where such site is located, as the case may be, may disapprove the provision of 300 or more metric tons of storage capacity at the site involved and submit to the Congress a notice of such disapproval. A notice of disapproval shall be considered to be submitted to the Congress on the date of the transmittal of such notice of disapproval to the Speaker of the House and the President pro tempore of the Senate. Such notice of disapproval shall be accompanied by a statement of reasons explaining why the provision of such (B) Unless otherwise provided by State law, the Governor or legislature of each State shall have authority to submit a notice of disapproval to the Congress under subparagraph (A). In any case in which State law provides for submission of any such notice of disapproval by any other person or entity, any reference in this subtitle to the Governor or legislature of such State shall be considered to refer instead to such other person or entity. (C) The authority of the Governor and legislature of each State under this paragraph shall not be applicable with respect to any site located on a reservation. (D) If any notice of disapproval is submitted to the Congress under subparagraph (A), the proposed provision of 300 or more metric tons of storage capacity at the site involved shall be disapproved unless, during the first period of 90 calendar days of continuous session of the Congress following the date of the receipt by the Congress of such notice of disapproval, the Congress passes a resolution approving such proposed provision of storage capacity in accordance with the procedures established in this paragraph and subsections (d) through (f) of section 115 and such resolution thereafter becomes law. For purposes of this paragraph, the term ``resolution'' means a joint resolution of either House of the Congress, the matter after the resolving clause of which is as follows: ``That there hereby is approved the provision of 300 or more metric tons of spent nuclear fuel storage capacity at the site located at ___, with respect to which a notice of disapproval was submitted by ___ on ___.''. The first blank space in such resolution shall be filled with the geographic location of the site involved; the second blank space in such resolution shall be filled with the designation of the State Governor and legislature or affected Indian tribe governing body submitting the notice of disapproval involved; and the last blank space in such resolution shall be filled with the date of submission of such notice of disapproval. (E) For purposes of the consideration of any resolution described in subparagraph (D), each reference in subsections (d) and (e) of section 115 to a resolution of repository siting approval shall be considered to refer to the resolution described in such subparagraph. [[Page 1247]] * * * Sec. 1130(24C) c. monitored retrievable storage, Sec. Sec. 141-49 secretarial proposal, Sec. 141 [42 U.S.C. 10161] Sec. 141. * * * (b) submission of proposal by secretary.--(1) On or before June 1, 1985, the Secretary shall complete a detailed study of the need for and feasibility of, and shall submit to the Congress a proposal for, the construction of one or more monitored retrievable storage facilities for high-level radioactive waste and spent nuclear fuel. Each such facility shall be designed-- (A) to accommodate spent nuclear fuel and high-level radioactive waste resulting from civilian nuclear activities; (B) to permit continuous monitoring, management, and maintenance of such spent fuel and waste for the foreseeable future; (C) to provide for the ready retrieval of such spent fuel and waste for further processing or disposal; and (D) to safely store such spent fuel and waste as long as may be necessary by maintaining such facility through appropriate means, including any required replacement of such facility. * * * * * * (h) participation of states and indian tribes.--Any facility authorized pursuant to this section shall be subject to the provisions of sections 115, 116(a), 116(b), 116(d), 117, and 118. For purposes of carrying out the provisions of this subsection, any reference in sections 115 through 118 to a repository shall be considered to refer to a monitored retrievable storage facility. site selection, Sec. 145 [42 U.S.C. 10165] [[Page 1248]] Sec. 145. (a) in general.--The Secretary may select the site evaluated under section 144 that the Secretary determines on the basis of available information to be the most suitable for a monitored retrievable storage facility that is an integral part of the system for the disposal of spent nuclear fuel and high-level radioactive waste established under this Act. * * * notice of disapproval, Sec. 146 [42 U.S.C. 10166] Sec. 146. (a) in general.--The selection of a site under section 145 shall be effective at the end of the period of 60 calendar days beginning on the date of notification under such subsection, unless the governing body of the Indian tribe on whose reservation such site is located, or, if the site is not on a reservation, the Governor and the legislature of the State in which the site is located, has submitted to Congress a notice of disapproval with respect to such site. If any such notice of disapproval has been submitted under this subsection, the selection of the site under section 145 shall not be effective except as provided under section 115(c). (b) references.--For purposes of carrying out the provisions of this subsection, references in section 115(c) to a repository shall be considered to refer to a monitored retrievable storage facility and references to a notice of disapproval of a repository site designation under section 116(b) or 118(a) shall be considered to refer to a notice of disapproval under this section. Sec. 1130(25A)