[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2026 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 2026

   To foster bilateral engagement and scientific analysis of storing 
   nuclear waste in permanent repositories in the Great Lakes Basin.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 10, 2015

   Ms. Stabenow (for herself, Mr. Peters, Mr. Kirk, and Mr. Durbin) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
   To foster bilateral engagement and scientific analysis of storing 
   nuclear waste in permanent repositories in the Great Lakes Basin.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Nuclear Waste by Our Lakes Act 
of 2015''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Ontario Power Generation is proposing to build the Deep 
        Geologic Repository to dispose of low- and intermediate-level 
        nuclear waste less than 1 mile from Lake Huron in Kincardine, 
        Ontario, Canada.
            (2) Members of Congress, citizens of the United States, and 
        citizens of Canada have expressed concern with the proposal to 
        permanently store 7,000,000 cubic feet of nuclear waste in the 
        Great Lakes Basin.
            (3) These boundary waters are protected from pollution 
        under the Treaty Between the United States and Great Britain 
        Relating to Boundary Waters and Questions Arising Between the 
        United States and Canada, signed at Washington January 11, 
        1909, and entered into force May 5, 1910 (36 Stat. 2448; TS 
        548) (commonly referred to as the ``Boundary Waters Treaty of 
        1909'').
            (4) Article VII of the Boundary Waters Treaty of 1909 
        established the International Joint Commission, which has 
        jurisdiction over any case involving the use, obstruction, or 
        diversion of boundary waters.
            (5) Under Article IX of the Boundary Waters Treaty of 1909, 
        either the United States or Canada may request the 
        International Joint Commission to conduct an examination and 
        issue a report for any question or matter of difference 
        involving the rights, obligations, or interests of either 
        party.
            (6) Under Article X of the Boundary Waters Treaty of 1909, 
        any questions or matters of difference between the United 
        States and Canada involving rights, obligations, or interests 
        either in relation to each other or to their respective 
        inhabitants, may be referred for decision to the International 
        Joint Commission by the consent of the two Parties.

SEC. 3. INTERNATIONAL JOINT COMMISSION.

    (a) Deep Geological Repository.--Not later than 30 days after the 
date of the enactment of this Act, the Secretary of State shall request 
that, pursuant to Article IX of the Boundary Waters Treaty of 1909, the 
International Joint Commission--
            (1) conduct a review of the long-term impacts of the 
        location of the Deep Geological Repository, including an 
        examination of the conclusions reached in the Environmental 
        Assessment Report issued by the Joint Review Panel on May 6, 
        2015 (CEAA Reference No. 17520), and whether those conclusions 
        would adequately protect Lake Huron and the other Great Lakes 
        from the risks posed by the operation of the Deep Geological 
        Repository for low and intermediate-level nuclear waste; and
            (2) issue a report on the findings of the Commission to the 
        Governments of the United States and Canada.
    (b) Disposal of High-Level Nuclear Waste.--In the event the 
Government of Canada decides to permanently dispose of high-level 
nuclear waste at a site in close proximity to the Deep Geological 
Repository or another site in the Great Lakes Basin--
            (1) the Secretary of State shall request that, pursuant to 
        Article IX of the Boundary Waters Treaty of 1909, the 
        International Joint Commission conduct a study on the risks to 
        the Great Lakes Basin of storing high-level nuclear waste in 
        close proximity to the Deep Geological Repository or another 
        site in the Great Lakes Basin; and
            (2) the Secretary of State shall invoke Article X of the 
        Boundary Waters Treaty of 1909 to bring the matter before the 
        International Joint Commission.

SEC. 4. INTERNATIONAL NEGOTIATIONS.

    The Secretary of State shall undertake negotiations with the 
Government of Canada--
            (1) to delay the final decision on the Deep Geologic 
        Repository until after the International Joint Commission 
        delivers the report issued pursuant to section 3(a)(2); and
            (2)(A) to delay any final decision to store high-level 
        nuclear waste in close proximity to the Deep Geological 
        Repository or another site in the Great Lakes Basin until after 
        the International Joint Commission conducts the study described 
        under section 3(b); and
            (B) to consent to bringing the matter of such disposal of 
        high-level nuclear waste before the International Joint 
        Commission pursuant to Article X of the Boundary Waters Treaty 
        of 1909.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Deep geologic repository.--The term ``Deep Geologic 
        Repository'' means the proposal by Ontario Power Generation to 
        dispose of 7,000,000 cubic feet of low- and intermediate-level 
        nuclear waste at the Bruce Nuclear Power Plant in Kincardine, 
        Ontario.
            (2) Great lakes basin.--The term ``Great Lakes Basin'' 
        means--
                    (A) Lake Ontario, Lake Erie, Lake Huron (including 
                Lake St. Clair), Lake Michigan, and Lake Superior;
                    (B) the connecting channels (Saint Mary's River, 
                Saint Clair River, Detroit River, Niagara River, and 
                Saint Lawrence River to the Canadian Border); and
                    (C) all streams, rivers, lakes, and other bodies of 
                water within the drainage basin of the lakes listed in 
                subparagraph (A).
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