Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 117th Congress-24. Nuclear Waste Policy Act of 1982

[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 117th Congress]
[117th Congress]
[House Document 116-177]
[Legislate Procedures Enacted in Law]
[Pages 1301-1307]
[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 1302]]

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 pertains; 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

(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

[[Page 1303]]

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 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

[[Page 1304]]

the House with respect to such site, a resolu

tion from the Senate with respect to such site where the

text is identical shall be automatically substituted for

the 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 1305]]

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 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

(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.

[[Page 1306]]

tory siting approval shall be considered to refer to the resolution
described in such subparagraph.

(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 reposi

* * *

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;

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 1307]]

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.

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

* * *

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)