II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Nuclear Waste 

5 by Our Lakes Act of 2015’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) Ontario Power Generation is proposing to 

9 build the Deep Geologic Repository to dispose of 


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1 low- and intermediate-level nuclear waste less than 1 

2 mile from Lake Huron in Kincardine, Ontario, Can3 ada. 

4 (2) Members of Congress, citizens of the United 

5 States, and citizens of Canada have expressed con6 cern with the proposal to permanently store 

7 7,000,000 cubic feet of nuclear waste in the Great 

8 Lakes Basin. 

9 (3) These boundary waters are protected from 

10 pollution under the Treaty Between the United 

11 States and Great Britain Relating to Boundary 

12 Waters and Questions Arising Between the United 

13 States and Canada, signed at Washington January 

14 11, 1909, and entered into force May 5, 1910 (36 

15 Stat. 2448; TS 548) (commonly referred to as the 

16 ‘‘Boundary Waters Treaty of 1909’’). 

17 (4) Article VII of the Boundary Waters Treaty 

18 of 1909 established the International Joint Commis19 sion, which has jurisdiction over any case involving 

20 the use, obstruction, or diversion of boundary 

21 waters. 

22 (5) Under Article IX of the Boundary Waters 

23 Treaty of 1909, either the United States or Canada 

24 may request the International Joint Commission to 

25 conduct an examination and issue a report for any 


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1 question or matter of difference involving the rights, 

2 obligations, or interests of either party. 

3 (6) Under Article X of the Boundary Waters 

4 Treaty of 1909, any questions or matters of dif5 ference between the United States and Canada in6 volving rights, obligations, or interests either in rela7 tion to each other or to their respective inhabitants, 

8 may be referred for decision to the International 

9 Joint Commission by the consent of the two Parties. 

10 SEC. 3. INTERNATIONAL JOINT COMMISSION. 

11 (a) DEEP GEOLOGICAL REPOSITORY.—Not later 

12 than 30 days after the date of the enactment of this Act, 

13 the Secretary of State shall request that, pursuant to Arti14 cle IX of the Boundary Waters Treaty of 1909, the Inter15 national Joint Commission— 

16 (1) conduct a review of the long-term impacts 

17 of the location of the Deep Geological Repository, in18 cluding an examination of the conclusions reached in 

19 the Environmental Assessment Report issued by the 

20 Joint Review Panel on May 6, 2015 (CEAA Ref21 erence No. 17520), and whether those conclusions 

22 would adequately protect Lake Huron and the other 

23 Great Lakes from the risks posed by the operation 

24 of the Deep Geological Repository for low and inter25 mediate-level nuclear waste; and 


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1 (2) issue a report on the findings of the Com2 mission to the Governments of the United States 

3 and Canada. 

4 (b) DISPOSAL OF HIGH-LEVEL NUCLEAR WASTE.— 

5 In the event the Government of Canada decides to perma6 nently dispose of high-level nuclear waste at a site in close 

7 proximity to the Deep Geological Repository or another 

8 site in the Great Lakes Basin— 

9 (1) the Secretary of State shall request that, 

10 pursuant to Article IX of the Boundary Waters 

11 Treaty of 1909, the International Joint Commission 

12 conduct a study on the risks to the Great Lakes 

13 Basin of storing high-level nuclear waste in close 

14 proximity to the Deep Geological Repository or an15 other site in the Great Lakes Basin; and 

16 (2) the Secretary of State shall invoke Article 

17 X of the Boundary Waters Treaty of 1909 to bring 

18 the matter before the International Joint Commis19 sion. 

20 SEC. 4. INTERNATIONAL NEGOTIATIONS. 

21 The Secretary of State shall undertake negotiations 

22 with the Government of Canada— 

23 (1) to delay the final decision on the Deep Geo24 logic Repository until after the International Joint 


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1 Commission delivers the report issued pursuant to 

2 section 3(a)(2); and 

3 (2)(A) to delay any final decision to store high4 level nuclear waste in close proximity to the Deep 

5 Geological Repository or another site in the Great 

6 Lakes Basin until after the International Joint 

7 Commission conducts the study described under sec8 tion 3(b); and 

9 (B) to consent to bringing the matter of such 

10 disposal of high-level nuclear waste before the Inter11 national Joint Commission pursuant to Article X of 

12 the Boundary Waters Treaty of 1909. 

13 SEC. 5. DEFINITIONS. 

14 In this Act: 

15 (1) DEEP GEOLOGIC REPOSITORY.—The term 

16 ‘‘Deep Geologic Repository’’ means the proposal by 

17 Ontario Power Generation to dispose of 7,000,000 

18 cubic feet of low- and intermediate-level nuclear 

19 waste at the Bruce Nuclear Power Plant in 

20 Kincardine, Ontario. 

21 (2) GREAT LAKES BASIN.—The term ‘‘Great 

22 Lakes Basin’’ means— 

23 (A) Lake Ontario, Lake Erie, Lake Huron 

24 (including Lake St. Clair), Lake Michigan, and 

25 Lake Superior; 


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1 (B) the connecting channels (Saint Mary’s 

2 River, Saint Clair River, Detroit River, Niagara 

3 River, and Saint Lawrence River to the Cana4 dian Border); and 

5 (C) all streams, rivers, lakes, and other 

6 bodies of water within the drainage basin of the 

7 lakes listed in subparagraph (A). 

Æ 


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