H. R. 629
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-eight
An Act
To grant the consent of the Congress to the Texas Low-Level Radioactive Waste
Disposal Compact.
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 ‘‘Texas Low-Level Radioactive
Waste Disposal Compact Consent Act’’.
SEC. 2. CONGRESSIONAL FINDING.
The Congress finds that the compact set forth in section 5
is in furtherance of the Low-Level Radioactive Waste Policy Act
(42 U.S.C. 2021b et seq.).
SEC. 3. CONDITIONS OF CONSENT TO COMPACT.
The consent of the Congress to the compact set forth in
section 5—
(1) shall become effective on the date of the enactment
of this Act;
(2) is granted subject to the provisions of the Low-Level
Radioactive Waste Policy Act (42 U.S.C. 2021b et seq.); and
(3) is granted only for so long as the regional commission
established in the compact complies with all of the provisions
of such Act.
SEC. 4. CONGRESSIONAL REVIEW.
The Congress may alter, amend, or repeal this Act with respect
to the compact set forth in section 5 after the expiration of the
10-year period following the date of the enactment of this Act,
and at such intervals thereafter as may be provided in such com-
pact.
SEC. 5. TEXAS LOW-LEVEL RADIOACTIVE WASTE COMPACT.
(a) CONSENT OF CONGRESS.—In accordance with section 4(a)(2)
of the Low-Level Radioactive Waste Policy Act (42 U.S.C.
2021d(a)(2)), the consent of Congress is given to the States of
Texas, Maine, and Vermont to enter into the compact set forth
in subsection (b).
(b) TEXT OF COMPACT.—The compact reads substantially as
follows:
H. R. 629—2
‘‘TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT
‘‘ARTICLE I. POLICY AND PURPOSE
‘‘SEC. 1.01. The party states recognize a responsibility for each
state to seek to manage low-level radioactive waste generated within
its boundaries, pursuant to the Low-Level Radioactive Waste Policy
Act, as amended by the Low-Level Radioactive Waste Policy Amend-
ments Act of 1985 (42 U.S.C. 2021b–2021j). They also recognize
that the United States Congress, by enacting the Act, has author-
ized and encouraged states to enter into compacts for the efficient
management and disposal of low-level radioactive waste. It is the
policy of the party states to cooperate in the protection of the
health, safety, and welfare of their citizens and the environment
and to provide for and encourage the economical management and
disposal of low-level radioactive waste. It is the purpose of this
compact to provide the framework for such a cooperative effort;
to promote the health, safety, and welfare of the citizens and
the environment of the party states; to limit the number of facilities
needed to effectively, efficiently, and economically manage low-
level radioactive waste and to encourage the reduction of the genera-
tion thereof; and to distribute the costs, benefits, and obligations
among the party states; all in accordance with the terms of this
compact.
‘‘ARTICLE II. DEFINITIONS
‘‘SEC. 2.01. As used in this compact, unless the context clearly
indicates otherwise, the following definitions apply:
‘‘(1) ‘Act’ means the Low-Level Radioactive Waste Policy
Act, as amended by the Low-Level Radioactive Waste Policy
Amendments Act of 1985 (42 U.S.C. 2021b–2021j).
‘‘(2) ‘Commission’ means the Texas Low-Level Radioactive
Waste Disposal Compact Commission established in Article
III of this compact.
‘‘(3) ‘Compact facility’ or ‘facility’ means any site, location,
structure, or property located in and provided by the host
state for the purpose of management or disposal of low-level
radioactive waste for which the party states are responsible.
‘‘(4) ‘Disposal’ means the permanent isolation of low-level
radioactive waste pursuant to requirements established by the
United States Nuclear Regulatory Commission and the United
States Environmental Protection Agency under applicable laws,
or by the host state.
‘‘(5) ‘Generate,’ when used in relation to low-level radio-
active waste, means to produce low-level radioactive waste.
‘‘(6) ‘Generator’ means a person who produces or processes
low-level radioactive waste in the course of its activities, exclud-
ing persons who arrange for the collection, transportation,
management, treatment, storage, or disposal of waste generated
outside the party states, unless approved by the commission.
‘‘(7) ‘Host county’ means a county in the host state in
which a disposal facility is located or is being developed.
‘‘(8) ‘Host state’ means a party state in which a compact
facility is located or is being developed. The State of Texas
is the host state under this compact.
‘‘(9) ‘Institutional control period’ means that period of time
following closure of the facility and transfer of the facility
H. R. 629—3
license from the operator to the custodial agency in compliance
with the appropriate regulations for long-term observation and
maintenance.
‘‘(10) ‘Low-level radioactive waste’ has the same meaning
as that term is defined in Section 2(9) of the Act (42 U.S.C.
2021b(9)), or in the host state statute so long as the waste
is not incompatible with management and disposal at the com-
pact facility.
‘‘(11) ‘Management’ means collection, consolidation, storage,
packaging, or treatment.
‘‘(12) ‘Operator’ means a person who operates a disposal
facility.
‘‘(13) ‘Party state’ means any state that has become a
party in accordance with Article VII of this compact. Texas,
Maine, and Vermont are initial party states under this compact.
‘‘(14) ‘Person’ means an individual, corporation, partnership
or other legal entity, whether public or private.
‘‘(15) ‘Transporter’ means a person who transports low-
level radioactive waste.
‘‘ARTICLE III. THE COMMISSION
‘‘SEC. 3.01. There is hereby established the Texas Low-Level
Radioactive Waste Disposal Compact Commission. The commission
shall consist of one voting member from each party state except
that the host state shall be entitled to six voting members. Commis-
sion members shall be appointed by the party state governors,
as provided by the laws of each party state. Each party state
may provide alternates for each appointed member.
‘‘SEC. 3.02. A quorum of the commission consists of a majority
of the members. Except as otherwise provided in this compact,
an official act of the commission must receive the affirmative vote
of a majority of its members.
‘‘SEC. 3.03. The commission is a legal entity separate and
distinct from the party states and has governmental immunity
to the same extent as an entity created under the authority of
Article XVI, Section 59, of the Texas Constitution. Members of
the commission shall not be personally liable for actions taken
in their official capacity. The liabilities of the commission shall
not be deemed liabilities of the party states.
‘‘SEC. 3.04. The commission shall:
‘‘(1) Compensate its members according to the host state’s
law.
‘‘(2) Conduct its business, hold meetings, and maintain
public records pursuant to laws of the host state, except that
notice of public meetings shall be given in the non-host party
states in accordance with their respective statutes.
‘‘(3) Be located in the capital city of the host state.
‘‘(4) Meet at least once a year and upon the call of the
chair, or any member. The governor of the host state shall
appoint a chair and vice-chair.
‘‘(5) Keep an accurate account of all receipts and disburse-
ments. An annual audit of the books of the commission shall
be conducted by an independent certified public accountant,
and the audit report shall be made a part of the annual report
of the commission.
‘‘(6) Approve a budget each year and establish a fiscal
year that conforms to the fiscal year of the host state.
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‘‘(7) Prepare, adopt, and implement contingency plans for
the disposal and management of low-level radioactive waste
in the event that the compact facility should be closed. Any
plan which requires the host state to store or otherwise manage
the low-level radioactive waste from all the party states must
be approved by at least four host state members of the commis-
sion. The commission, in a contingency plan or otherwise, may
not require a non-host party state to store low-level radioactive
waste generated outside of the state.
‘‘(8) Submit communications to the governors and to the
presiding officers of the legislatures of the party states regard-
ing the activities of the commission, including an annual report
to be submitted on or before January 31 of each year.
‘‘(9) Assemble and make available to the party states, and
to the public, information concerning low-level radioactive waste
management needs, technologies, and problems.
‘‘(10) Keep a current inventory of all generators within
the party states, based upon information provided by the party
states.
‘‘(11) By no later than 180 days after all members of
the commission are appointed under Section 3.01 of this article,
establish by rule the total volume of low-level radioactive waste
that the host state will dispose of in the compact facility in
the years 1995–2045, including decommissioning waste. The
shipments of low-level radioactive waste from all non-host party
states shall not exceed 20 percent of the volume estimated
to be disposed of by the host state during the 50-year period.
When averaged over such 50-year period, the total of all ship-
ments from non-host party states shall not exceed 20,000 cubic
feet a year. The commission shall coordinate the volumes, tim-
ing, and frequency of shipments from generators in the non-
host party states in order to assure that over the life of this
agreement shipments from the non-host party states do not
exceed 20 percent of the volume projected by the commission
under this paragraph.
‘‘SEC. 3.05. The commission may:
‘‘(1) Employ staff necessary to carry out its duties and
functions. The commission is authorized to use to the extent
practicable the services of existing employees of the party
states. Compensation shall be as determined by the commission.
‘‘(2) Accept any grants, equipment, supplies, materials, or
services, conditional or otherwise, from the federal or state
government. The nature, amount and condition, if any, of any
donation, grant or other resources accepted pursuant to this
paragraph and the identity of the donor or grantor shall be
detailed in the annual report of the commission.
‘‘(3) Enter into contracts to carry out its duties and author-
ity, subject to projected resources. No contract made by the
commission shall bind a party state.
‘‘(4) Adopt, by a majority vote, bylaws and rules necessary
to carry out the terms of this compact. Any rules promulgated
by the commission shall be adopted in accordance with the
Administrative Procedure and Texas Register Act (Article 6252–
13a, Vernon’s Texas Civil Statutes).
‘‘(5) Sue and be sued and, when authorized by a majority
vote of the members, seek to intervene in administrative or
judicial proceedings related to this compact.
H. R. 629—5
‘‘(6) Enter into an agreement with any person, state,
regional body, or group of states for the importation of low-
level radioactive waste into the compact for management or
disposal, provided that the agreement receives a majority vote
of the commission. The commission may adopt such conditions
and restrictions in the agreement as it deems advisable.
‘‘(7) Upon petition, allow an individual generator, a group
of generators, or the host state of the compact, to export low-
level waste to a low-level radioactive waste disposal facility
located outside the party states. The commission may approve
the petition only by a majority vote of its members. The permis-
sion to export low-level radioactive waste shall be effective
for that period of time and for the specified amount of low-
level radioactive waste, and subject to any other term or condi-
tion, as is determined by the commission.
‘‘(8) Monitor the exportation outside of the party states
of material, which otherwise meets the criteria of low-level
radioactive waste, where the sole purpose of the exportation
is to manage or process the material for recycling or waste
reduction and return it to the party states for disposal in
the compact facility.
‘‘SEC. 3.06. Jurisdiction and venue of any action contesting
any action of the commission shall be in the United States District
Court in the district where the commission maintains its office.
‘‘ARTICLE IV. RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS OF PARTY
STATES
‘‘SEC. 4.01. The host state shall develop and have full adminis-
trative control over the development, management and operation
of a facility for the disposal of low-level radioactive waste generated
within the party states. The host state shall be entitled to unlimited
use of the facility over its operating life. Use of the facility by
the non-host party states for disposal of low-level radioactive waste,
including such waste resulting from decommissioning of any nuclear
electric generation facilities located in the party states, is limited
to the volume requirements of Section 3.04(11) of Article III.
‘‘SEC. 4.02. Low-level radioactive waste generated within the
party states shall be disposed of only at the compact facility, except
as provided in Section 3.05(7) of Article III.
‘‘SEC. 4.03. The initial states of this compact cannot be members
of another low-level radioactive waste compact entered into pursu-
ant to the Act.
‘‘SEC. 4.04. The host state shall do the following:
‘‘(1) Cause a facility to be developed in a timely manner
and operated and maintained through the institutional control
period.
‘‘(2) Ensure, consistent with any applicable federal and
host state laws, the protection and preservation of the environ-
ment and the public health and safety in the siting, design,
development, 
licensing, 
regulation, 
operation, 
closure,
decommissioning, and long-term care of the disposal facilities
within the host state.
‘‘(3) Close the facility when reasonably necessary to protect
the public health and safety of its citizens or to protect its
natural resources from harm. However, the host state shall
notify the commission of the closure within three days of its
action and shall, within 30 working days of its action, provide
H. R. 629—6
a written explanation to the commission of the closure, and
implement any adopted contingency plan.
‘‘(4) Establish reasonable fees for disposal at the facility
of low-level radioactive waste generated in the party states
based on disposal fee criteria set out in Sections 402.272 and
402.273, Texas Health and Safety Code. The same fees shall
be charged for the disposal of low-level radioactive waste that
was generated in the host state and in the non-host party
states. Fees shall also be sufficient to reasonably support the
activities of the Commission.
‘‘(5) Submit an annual report to the commission on the
status of the facility, including projections of the facility’s antici-
pated future capacity, and on the related funds.
‘‘(6) Notify the Commission immediately upon the occur-
rence of any event which could cause a possible temporary
or permanent closure of the facility and identify all reasonable
options for the disposal of low-level radioactive waste at alter-
nate compact facilities or, by arrangement and Commission
vote, at noncompact facilities.
‘‘(7) Promptly notify the other party states of any legal
action involving the facility.
‘‘(8) Identify and regulate, in accordance with federal and
host state law, the means and routes of transportation of low-
level radioactive waste in the host state.
‘‘SEC. 4.05. Each party state shall do the following:
‘‘(1) Develop and enforce procedures requiring low-level
radioactive waste shipments originating within its borders and
destined for the facility to conform to packaging, processing,
and waste form specifications of the host state.
‘‘(2) Maintain a registry of all generators within the state
that may have low-level radioactive waste to be disposed of
at a facility, including, but not limited to, the amount of low-
level radioactive waste and the class of low-level radioactive
waste generated by each generator.
‘‘(3) Develop and enforce procedures requiring generators
within its borders to minimize the volume of low-level radio-
active waste requiring disposal. Nothing in this compact shall
prohibit the storage, treatment, or management of waste by
a generator.
‘‘(4) Provide the commission with any data and information
necessary for the implementation of the commission’s respon-
sibilities, including taking those actions necessary to obtain
this data or information.
‘‘(5) Pay for community assistance projects designated by
the host county in an amount for each non-host party state
equal to 10 percent of the payment provided for in Article
V for each such state. One-half of the payment shall be due
and payable to the host county on the first day of the month
following ratification of this compact agreement by Congress
and one-half of the payment shall be due and payable on
the first day of the month following the approval of a facility
operating license by the host state’s regulatory body.
‘‘(6) Provide financial support for the commission’s activities
prior to the date of facility operation and subsequent to the
date of congressional ratification of this compact under Section
7.07 of Article VII. Each party state will be responsible for
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annual payments equalling its pro-rata share of the commis-
sion’s expenses, incurred for administrative, legal, and other
purposes of the commission.
‘‘(7) If agreed by all parties to a dispute, submit the dispute
to arbitration or other alternate dispute resolution process.
If arbitration is agreed upon, the governor of each party state
shall appoint an arbitrator. If the number of party states is
an even number, the arbitrators so chosen shall appoint an
additional arbitrator. The determination of a majority of the
arbitrators shall be binding on the party states. Arbitration
proceedings shall be conducted in accordance with the provi-
sions of 9 U.S.C. Sections 1 to 16. If all parties to a dispute
do not agree to arbitration or alternate dispute resolution proc-
ess, the United States District Court in the district where
the commission maintains its office shall have original jurisdic-
tion over any action between or among parties to this compact.
‘‘(8) Provide on a regular basis to the commission and
host state—
‘‘(A) an accounting of waste shipped and proposed to
be shipped to the compact facility, by volume and curies;
‘‘(B) proposed transportation methods and routes; and
‘‘(C) proposed shipment schedules.
‘‘(9) Seek to join in any legal action by or against the
host state to prevent nonparty states or generators from dispos-
ing of low-level radioactive waste at the facility.
‘‘SEC. 4.06. Each party state shall act in good faith and may
rely on the good faith performance of the other party states regard-
ing requirements of this compact.
‘‘ARTICLE V. PARTY STATE CONTRIBUTIONS
‘‘SEC. 5.01. Each party state, except the host state, shall contrib-
ute a total of $25 million to the host state. Payments shall be
deposited in the host state treasury to the credit of the low-level
waste fund in the following manner except as otherwise provided.
Not later than the 60th day after the date of congressional ratifica-
tion of this compact, each non-host party state shall pay to the
host state $12.5 million. Not later than the 60th day after the
date of the opening of the compact facility, each non-host party
state shall pay to the host state an additional $12.5 million.
‘‘SEC. 5.02. As an alternative, the host state and the non-
host states may provide for payments in the same total amount
as stated above to be made to meet the principal and interest
expense associated with the bond indebtedness or other form of
indebtedness issued by the appropriate agency of the host state
for purposes associated with the development, operation, and post-
closure monitoring of the compact facility. In the event the member
states proceed in this manner, the payment schedule shall be deter-
mined in accordance with the schedule of debt repayment. This
schedule shall replace the payment schedule described in Section
5.01 of this article.
‘‘ARTICLE VI. PROHIBITED ACTS AND PENALTIES
‘‘SEC. 6.01. No person shall dispose of low-level radioactive
waste generated within the party states unless the disposal is
at the compact facility, except as otherwise provided in Section
3.05(7) of Article III.
H. R. 629—8
‘‘SEC. 6.02. No person shall manage or dispose of any low-
level radioactive waste within the party states unless the low-
level radioactive waste was generated within the party states,
except as provided in Section 3.05(6) of Article III. Nothing herein
shall be construed to prohibit the storage or management of low-
level radioactive waste by a generator, nor its disposal pursuant
to 10 C.F.R. Part 20.302.
‘‘SEC. 6.03. Violations of this article may result in prohibiting
the violator from disposing of low-level radioactive waste in the
compact facility, or in the imposition of penalty surcharges on
shipments to the facility, as determined by the commission.
‘‘ARTICLE VII. ELIGIBILITY, ENTRY INTO EFFECT; CONGRESSIONAL
CONSENT; WITHDRAWAL; EXCLUSION
‘‘SEC. 7.01. The states of Texas, Maine, and Vermont are party
states to this compact. Any other state may be made eligible for
party status by a majority vote of the commission and ratification
by the legislature of the host state, subject to fulfillment of the
rights of the initial non-host party states under Section 3.04(11)
of Article III and Section 4.01 of Article IV, and upon compliance
with those terms and conditions for eligibility that the host state
may establish. The host state may establish all terms and conditions
for the entry of any state, other than the states named in this
section, as a member of this compact; provided, however, the specific
provisions of this compact, except for those pertaining to the com-
position of the commission and those pertaining to Section 7.09
of this article, may not be changed except upon ratification by
the legislatures of the party states.
‘‘SEC. 7.02. Upon compliance with the other provisions of this
compact, a state made eligible under Section 7.01 of this article
may become a party state by legislative enactment of this compact
or by executive order of the governor of the state adopting this
compact. A state becoming a party state by executive order shall
cease to be a party state upon adjournment of the first general
session of its legislature convened after the executive order is issued,
unless before the adjournment, the legislature enacts this compact.
‘‘SEC. 7.03. Any party state may withdraw from this compact
by repealing enactment of this compact subject to the provisions
herein. In the event the host state allows an additional state or
additional states to join the compact, the host state’s legislature,
without the consent of the non-host party states, shall have the
right to modify the composition of the commission so that the
host state shall have a voting majority on the commission, provided,
however, that any modification maintains the right of each initial
party state to retain one voting member on the commission.
‘‘SEC. 7.04. If the host state withdraws from the compact, the
withdrawal shall not become effective until five years after enact-
ment of the repealing legislation and the non-host party states
may continue to use the facility during that time. The financial
obligation of the non-host party states under Article V shall cease
immediately upon enactment of the repealing legislation. If the
host state withdraws from the compact or abandons plans to operate
a facility prior to the date of any non-host party state payment
under Sections 4.05(5) and (6) of Article IV or Article V, the non-
host party states are relieved of any obligations to make the con-
tributions. This section sets out the exclusive remedies for the
H. R. 629—9
non-host party states if the host state withdraws from the compact
or is unable to develop and operate a compact facility.
‘‘SEC. 7.05. A party state, other than the host state, may with-
draw from the compact by repealing the enactment of this compact,
but this withdrawal shall not become effective until two years
after the effective date of the repealing legislation. During this
two-year period the party state will continue to have access to
the facility. The withdrawing party shall remain liable for any
payments under Sections 4.05(5) and (6) of Article IV that were
due during the two-year period, and shall not be entitled to any
refund of payments previously made.
‘‘SEC. 7.06. Any party state that substantially fails to comply
with the terms of the compact or to fulfill its obligations hereunder
may have its membership in the compact revoked by a seven-
eighths vote of the commission following notice that a hearing
will be scheduled not less than six months from the date of the
notice. In all other respects, revocation proceedings undertaken
by the commission will be subject to the Administrative Procedure
and Texas Register Act (Article 6252–13a, Vernon’s Texas Civil
Statutes), except that a party state may appeal the commission’s
revocation decision to the United States District Court in accordance
with Section 3.06 of Article III. Revocation shall take effect one
year from the date such party state receives written notice from
the commission of a final action. Written notice of revocation shall
be transmitted immediately following the vote of the commission,
by the chair, to the governor of the affected party state, all other
governors of party states, and to the United States Congress.
‘‘SEC. 7.07. This compact shall take effect following its enact-
ment under the laws of the host state and any other party state
and thereafter upon the consent of the United States Congress
and shall remain in effect until otherwise provided by federal law.
If Texas and either Maine or Vermont ratify this compact, the
compact shall be in full force and effect as to Texas and the
other ratifying state, and this compact shall be interpreted as
follows:
‘‘(1) Texas and the other ratifying state are the initial
party states.
‘‘(2) The commission shall consist of two voting members
from the other ratifying state and six from Texas.
‘‘(3) Each party state is responsible for its pro-rata share
of the commission’s expenses.
‘‘SEC. 7.08. This compact is subject to review by the United
States Congress and the withdrawal of the consent of Congress
every five years after its effective date, pursuant to federal law.
‘‘SEC. 7.09. The host state legislature, with the approval of
the governor, shall have the right and authority, without the con-
sent of the non-host party states, to modify the provisions contained
in Section 3.04(11) of Article III to comply with Section
402.219(c)(1), Texas Health & Safety Code, as long as the modifica-
tion does not impair the rights of the initial non-host party states.
‘‘ARTICLE VIII. CONSTRUCTION AND SEVERABILITY
‘‘SEC. 8.01. The provisions of this compact shall be broadly
construed to carry out the purposes of the compact, but the sov-
ereign powers of a party shall not be infringed upon unnecessarily.
‘‘SEC. 8.02. This compact does not affect any judicial proceeding
pending on the effective date of this compact.