    [Public Papers of the Presidents of the United States: WILLIAM J. CLINTON (2000, Book I)]
    [April 25, 2000]
    [Pages 776-777]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Message to the Senate Returning Without Approval Legislation on
    Nuclear Waste Policy
    April 25, 2000

    To the Senate of the United States:
        I am returning herewith without my approval S. 1287, the ``Nuclear
    Waste Policy Amendments Act of 2000.''
        The overriding goal of the Federal Government's high-level
    radioactive waste management policy is the establishment of a permanent,
    geologic repository. This policy not only addresses commercial spent
    nuclear fuel but also advances our non-proliferation efforts by
    providing an option for disposal of surplus plutonium from nuclear
    weapons stockpiles and an alternative to reprocessing. It supports our
    national defense by allowing continuing operation of our nuclear navy,
    and it is essential for the cleanup of the Department of Energy's
    nuclear weapons complex.
        Since 1993, my Administration has been conducting a rigorous world-
    class scientific and technical program to evaluate the suitability of
    the Yucca Mountain, Nevada, site for use as a repository. The work being
    done at Yucca Mountain represents a significant scientific and technical
    undertaking, and public confidence in this first-of-a-kind effort is
    essential.
        Unfortunately, the bill passed by the Congress will do nothing to
    advance the scientific program at Yucca Mountain or promote public
    confidence in the decision of whether or not to recommend the site for a
    repository in 2001. Instead, this bill could be a step backward in both
    respects. The bill would limit the Environmental Protection Agency's
    (EPA) authority to issue radiation standards that protect human health
    and the environment and would prohibit

    [[Page 777]]

    the issuance of EPA's final standards until June 2001. EPA's current
    intent is to issue final radiation standards this summer so that they
    will be in place well in advance of the Department of Energy's
    recommendation in 2001 on the suitability of the Yucca Mountain site.
        There is no scientific reason to delay issuance of these final
    radiation standards beyond the last year of this Administration; in
    fact, waiting until next year to issue these standards could have the
    unintended effect of delaying a recommendation on whether or not to go
    forward with Yucca Mountain. The process for further review of the EPA
    standards laid out in the bill passed by the Congress would simply
    create duplicative and unnecessary layers of bureaucracy by requiring
    additional review by the Nuclear Regulatory Commission and the National
    Academy of Sciences, even though both have already provided detailed
    comments to the EPA. This burdensome process would add time, but would
    do nothing to advance the state of scientific knowledge about the Yucca
    Mountain site.
        Finally, the bill passed by the Congress does little to minimize the
    potential for continued claims against the Federal Government for
    damages as a result of the delay in accepting spent fuel from utilities.
    In particular, the bill does not include authority to take title to
    spent fuel at reactor sites, which my Administration believes would have
    offered a practical near-term solution to address the contractual
    obligation to utilities and minimize the potential for lengthy and
    costly proceedings against the Federal Government. Instead, the bill
    would impose substantial new requirements on the Department of Energy
    without establishing sufficient funding mechanisms to meet those
    obligations. In effect, these requirements would create new unfunded
    liabilities for the Department.
        My Administration remains committed to resolving the complex and
    important issue of nuclear waste disposal in a timely and sensible
    manner consistent with sound science and protection of public health,
    safety, and the environment. We have made considerable progress in the
    scientific evaluation of the Yucca Mountain site and the Department of
    Energy is close to completing the work needed for a decision. It is
    critical that we develop the capability to permanently dispose of spent
    nuclear fuel and high-level radioactive waste, and I believe we are on a
    path to do that. Unfortunately, the bill passed by the Congress does not
    advance these basic goals.

                                                          William J. Clinton

     The White House,

     April 25, 2000.