An Act granting the consent of Congress to the Western Interstate Nuclear Compact, and related purposes
PL 91-461 (S.1628), enacted 10/16/1970

84 STAT. ] 
PUBLIC LAW 91-461-OCT. 16, 1970 
979 
Public Law 91-461 
AN ACT 
October 16, 1970 
Granting the consent of Congress to the Western Interstate Nuclear Compact, 
^ • 
^^ 
and related purposes. 
Be it eTiacted hy the Se7Mte and House of Representatives 
of the 
United /States of America in Congress assembled, That it is hereby st^te^ji^iTaT'' 
declared to be the national policy to encourage and recognize the per- compact. 
formance of functions by the States with respect to the peaceful use 
consent of 
of nuclear energy in its several forms. The Federal Government recog- 
°"8«-ess. 
nizes that many programs in nuclear fields can benefit from coopera-
tion among the States, as well as between the Federal Government 
and the States. The importance of the interstate compact as one means 
for promoting such cooperation is hereby declared as part of the inten-
tion of Congress, already expressed in part in Public Law 86-373 and 
^^ ^^^ ^ss-
87-563, to facilitate the use of State jurisdiction in and over portions 
ye stat. 249. 
of the development and regulatory nuclear field. 
SEC. 2. The Congress hereby consents to the Western Interstate 
Nuclear Compact, which compact is as follows: 
"ARTICLE I. POLICY AND PURPOSE 
"The party states recognize that the proper employment of scientific 
and technological discoveries and advances in nuclear and related fields 
and direct and collateral application and adaptation of processes and 
techniques developed in connection therewith, properly correlated with 
the other resources of the region, can assist substantially in the indus-
trial progress of the West and the further development of the economy 
of the region. They also recognize that optimum benefit from nuclear 
and related scientific or technological resources, facilities and skills 
requires systematic encouragement, guidance, assistance, and promo-
tion from the party states on a cooperative basis. It is the policy of the 
party states to undertake such cooperation on a continuing basis. It 
IS the purpose of this compact to provide the instruments and frame-
work lor such a cooperative effort in nuclear and related fields, to 
enhance the economy of the West and contribute to the individual and 
community well-being of the region's people. 
"ARTICIJS II. T H E BOARD 
"(a) There is hereby created an agency of the party states to be 
known as the 'Western Interstate Nuclear Board' (hereinafter called 
the Board). The Board shall be composed of one member from each 
party state designated or appointed in accordance with the law of 
the state which he represents and serving and subject to removal in 
accordance with such law. AJIV member of the Board may provide for 
the discharge of his duties and the performance of his functions there-
on (either for the duration of his membership or for any lesser period 
of time) by a deputy or assistant, if the laws of his state make specific 
provisions therefor. The federal government may be represented with-
out vote if provision is made by federal law for such representation. 
"(b) The Board members of the party states shall each be entitled 
to one vote on the Board. No action of the Board shall be binding 
unless taken at a meeting at which a majority of all members represent-
ing the party states are present and unless a majority of the total 
number of votes on the Board are cast in favor thereof. 
"(c) The Board shall have a seal. 
980 
PUBLIC LAW 91-461-OCT. 16, 1970 
[84 STAT. 
"(d) The Board shall elect annually, from among its members, 
a chairman, a vice chairman, and a treasurer. The Board shall appoint 
and fix the compensation of an Executive Director who shall serve 
at its pleasure and who shall also act as Secretary, and who, together 
with the Treasurer, and such other personnel as the Board may direct, 
shall be bonded in such amounts as the Board may require. 
" (e) The Executive Director, with the approval of the Board, shall 
appoint and remove or discharge such personnel as may be necessary 
for the performance of the Board's functions irrespective of the civil 
service, personnel or other merit system laws of any of the party 
states. 
"(f) The Board may establish and maintain, independently or in 
conjiinction with an;^ one or more of the party states, or its institutions 
or subdivisions, a suitable retirement system for its full-time employ-
ees. Employees of the Board shall be eligible for social security cover-
age in respect of old age and survivors insurance provided that the 
Board takes such st«ps as may be necessary pursuant to federal law 
to participate in such program of insurance as a governmental agency 
or unit. The Board may establish and maintain or participate in such 
additional programs of employee benefits as may be appropriate. 
"(g) The Board may borrow, accept, or contract for the services of 
personnel from any state or the United States or any subdivision or 
agency thereof, from any interstate agency, or from any institution, 
person, firm or corporation. 
"(h) The Board may accept for any of its purposes and functions 
under this compact any and all donations, and grants of money, equip-
ment, supplies, materials and services (conditional or otherwise) from 
, • 
any state or the United States or any subdivision or agency thereof, or 
interstate agency, or from any institution, person, firm, or corporation, 
and may receive, utilize, and dispose of the same. The nature, amount 
and conditions, if any, attendant upon anv donation or grant accepted 
pursuant to this paragraph or upon any borrowing pursuant to para-
graph (g) of this Article, together with the identity of the donor, 
grantor or lender, shall be detailed in the annual report of the Board. 
"(i) The Board may establish and maintain such facilities as may 
be necessary for the transacting of its business. The Board may acquire, 
hold, and convey real and personal property and any interest therein. 
"(j) The Board shall adopt bylaws, rules, and regulations for the 
conduct of its business, and shall have the power to amend and rescind 
these bylaws, rules, and regulations. The Board shall publish its bylaws 
rules, and regulations in convenient form and shall file a copy thereof, 
and shall also file a copy of any amendment thereto, with the appropri-
ate agency or officer in each of the party states. 
" (k) The Board annually shall make to the governor of each party 
state, a report covering the activities of the Board for the preceding 
year, and embodying such recommendations as may have been adopted 
by the Board, which report shall be transmitted to the legislature 
of said state. The Board may issue such additional reports as it may 
deem desirable. 
"ARTICLE III. 
FINANCES 
"(a) The Board shall submit to the governor or designated officer 
or officers of each party state a budget of its estimated expenditures 
for such period as may be required by the laws of that jurisdiction for 
presentation to the legislature thereof. 
"(b) Each of the Board's budgets of estimated expenditures shall 
contain specific recommendations of the amount or amounts to be 
appropriated by each of the party states. Each of the Board's requests 
84 STAT. ] 
PUBLIC LAW 91-461-OCT. 16, 1970 
981 
for appropriations pursuant to a budget of estimated expenditures 
shall be apportioned equally among the party states. Subject to appro-
priation by their respective legislatures, the Board shall be provided 
with such funds by each of the party states as are necessary to provide 
the means of establishing and maintaining facilities, a staff of per-
sonnel, and such activities as may be necessary to fulfill the powers and 
duties imposed upon and entrusted to the Board. 
" (c) The Board may meet any of its obligations in whole or in part 
with funds available to it under Article II (h) of this compact, pro-
vided that the Board takes specific action setting aside such funds 
prior to the incurring of any obligation to be met m whole or in part 
in this manner. Except where the Board makes use of funds available 
to it under Article I I (h) hereof, the Board shall not incur any obliga-
tion prior to the allotment of funds by the party jurisdictions adequate 
to the meet the same. 
"(d) Any expenses and any other costs for each member of the 
Board in attendmg Board meetings shall be met by the Board. 
"'(e) The Board shall keep accurate accounts of all receipts and 
disbursements. The receipts and disbursements of the Board shall be 
subject to the audit and accounting procedures established under its 
l)ylaws. However, all receipts and disbursements of funds handled 
by the Board shall be audited yearly by a certified or licensed public 
accountant and the report of the audit shall be included in and 
become a part of the annual report of the Board. 
"(f) The Accounts of the Board shall be open at any reasonable 
time for inspection to persons authorized by the Board, and duly 
designated representatives of governments contributing to the Board's 
support. 
"ARTICLK IV. 
ADVISORY COMMITTEES 
"The Board may establish such advisory and technical committees 
as it may deem necessary, membership on which may include but not 
be limited to private citizens, expert and lay personnel, representa-
tives of industry, labor, commerce, agriculture, civic associations, med-
icine, education, voluntary health agencies, and officials of local. State 
and Federal Government, and may cooperate with and use the serv-
ices of any such committees and the organizations which they repre-
sent in furthering any of its activities under this compact. 
"ARTICLE V. POWERS 
"The Board shall have power to— 
"(a) Encourage and promote cooperation among the party states 
in the development and utilization of nuclear and related technologies 
and their application to industry and other fields. 
"(b) Ascertain and analyze on a continuing basis the position of 
the West with respect to the employment in industry of nuclear and 
I'elated scientific findings and technologies. 
" (c) Encourage the development and use of scientific advances and 
discoveries in nuclear facilities, energy, materials, products, by-prod-
ucts, and all other appropriate adaptations of scientific and techno-
logical advances and discoveries. 
"(d) Collect, correlate, and disseminate information relating to 
the peaceful uses of nuclear energy, materials, and products, and other 
proaucts and processes resulting from the application of related sci-
ence and technology. 
"(e) Encourage the development and use of nuclear energy, facili-
ties, installations, and products as part of a balanced economy. 
982 
PUBLIC LAW 91-461-OCT. 16, 1970 
[84 STAT. 
"(f) Conduct, or cooperate in conducting, programs of training for 
state and local personnel engaged in any aspects of: 
"1. Nuclear industry, medicine, or education, or the promotion 
or regulation thereof. 
"2. Applying nuclear scientific advances or discoveries, and any 
industrial commercial or other processes resulting therefrom. 
"3. The formulation or administration of measures designed to 
promote safety in any matter related to the development, use or 
disposal of nuclear energy, materials, products, by-products, 
installations, or wastes, or to safety in the production, use and dis-
posal of any other substances peculiarly related thereto. 
"(g) Organize and conduct, or assist and cooperate in organizing 
and conducting, demonstrations or research in any of the scientific, 
technological or industrial fields to which this compact relates. 
"(h) Undertake such nonregulatory functions with respect to non-
nuclear sources of radiation as may promote the economic develop-
ment and general welfare of the West. 
"(i) Study industrial, health, safety, and other standards, laws, 
codes, rules, regulations, and administrative practices in or related to 
nuclear fields. 
"(i) Recommend such changes in, or amendments or additions to 
the laws, codes, rules, regulations, administrative procedures and 
practices or local laws or ordinances of the party states of their sub-
divisions in nuclear and related fields, as m its judgment may be 
appropriate. Any such recommendations shall be made through the 
appropriate state agency, with due consideration of the desirability of 
uniformity but shall also give appropriate weight to any special cir-
cumstances which may justify variations to meet local conditions. 
"(k) Consider and make recommendations designed to facilitate 
the 
transportation 
of 
nuclear 
equipment, materials, 
products, 
by-products, wastes, and any other nuclear or related substances, in such 
manner and under such conditions as will make their availability or 
disposal practicable on an economic and efficient basis. 
(1) Consider and make recommendations with respect to the 
assumption of and protection against liability actually or potentially 
incurred in any phase of operations in nuclear and related fields. 
"(m) Advise and consult with the federal government concerning 
the common position of the party states or assist party states with 
regard to individual problems where appropriate in respect to nuclear 
and related fields. 
" (n) Cooperate with the Atomic Energy Commission, the National 
Aeronautics and Space Administration, the Office of Science and Tech-
nology, or any agencies successor thereto, any other officer or agency 
of the United States, and any other governmental unit or agency or 
officer thereof, and with any private persons or agencies in any oi the 
fields of its interest. 
"(o) Act as licensee, contractor or sub-contractor of the United 
States Government or any party state with respect to the conduct 
of any research activity requiring such license or contract and operate 
such research facility or undertake any program pursuant thereto, 
provided that this power shall be exercised only in connection with 
the implementation of one or more other powers conferred upon the 
Board by this compact. 
"(p) Prepare, publish and distribute (with or without charge) 
such reports, bulletins, newsletters or other materials as it deems 
appropriate. 
"(q) Ascertain from time to time such methods, practices, circum-
stances, and conditions as may bring about the prevention and control 
84 STAT. ] 
PUBLIC LAW 91-461-OCT. 16, 1970 
983 
of nuclear incidents in the area comprising the party states, to 
coordinate the nuclear incident prevention and control plans and the 
work relating thereto of the appropriate agencies of the party states 
and to facilitate the rendering of aid by the party states to each 
other in coping with nuclear incidents. 
"The Board may formulate and, in accordance with need from 
time to time, revise a regional plan or regional plans for coping with 
nuclear incidents within the territory of the party states as a whole 
or within any subregion or subregions of the geographic area covered 
by this compact. 
"Any nuclear incident plan in force pursuant to this paragraph 
shall designate the official or agency in each party state covered by 
the plan who shall coordinate requests for aid pursuant to Article VI 
of this compact and the furnishing of aid in response thereto. 
"Unless the party states concerned expressly otherwise agree, the 
Board shall not administer the summoning and dispatching of aid, 
but this function shall be undertaken directly by the designated agen-
cies and officers of the party states. 
"However, the plan or plans of the Board in force pursuant to this 
paragraph shall provide for reports to the Board concerning the 
occurrence of nuclear incidents and the requests for aid on account 
thereof, together with summaries of the actual working and effective-
ness of mutual aid in particular instances. 
"From time to time, the Board shall analyze the information gath-
ered from reports of aid pursuant to Article VI and such other 
instances of mutual aid as may have come to its attention, so that 
experience in the rendering of such aid may be available. 
"(r) Prepare, maintain, and implement a regional plan or regional 
plans for carrying out the duties, powers, or functions conferred upon 
the Board by this compact. 
" (s) Undertake responsibilities imposed or necessarily involved with 
regional participation pursuant to such cooperative programs of the 
federal government as are useful in connection with the fields covered 
by this compact. 
"ARTICLE VI. 
MUTUAL AID 
"(a) Whenever a party state, or any state or local governmental 
authorities therein, request aid from any other party state pursuant 
to this compact in coping with a nuclear incident, it shall be the duty 
of the requested state to render all possible aid to the requesting state 
which is consonant with the maintenance of protection of its own 
people. 
"(b) Whenever the officers or employees of any party state are 
rendering outside aid pursuant to the request of another party state 
under this compact, the officers or employees of such state shall, under 
the direction of the authorities of the state to which they are rendering 
aid, have the same powers, duties, rights, privileges and immunities as 
comparable officers and employees of the state to which they are 
rendering aid. 
"(c) No party state or its officers or employees rendering outside 
aid pursuant to this compact shall be liable on account of any act or 
omission on their part while so engaged, or on account of the main-
tenance or use of any equipment or supplies in connection therewith. 
"(d) All liability that may arise either under the laws of the 
requesting state or under the laws of the aiding state or under the laws 
of a third state on account of or in connection with a request for aid, 
shall be assumed and borne by the requesting state. 
47-348 O - 72 - 66 (Pt. 1) 
984 
PUBLIC LAW 91-461-OCT. 16, 1970 
[84 STAT. 
V 
" (e) Any party state rendering outside aid pursuant to this com-
pact shall be reimbursed by the party state receiving such aid for any 
loss or damage to, or expense incurred in the operation of any equip-
ment answering a request for aid, and for the cost of all materials, 
transportation, wages, salaries and maintenance of officers, employees 
and equipment incurred in connection with such requests: provided 
that nothing herein contained shall prevent any assisting party state 
from assuming such loss, damage, expense or other cost or from loan-
ing such equipment or from donating such services to the receiving 
party state without charge or cost. 
"(f) Each party state shall provide for the payment of compensa-
tion and death benefits to injured officers and employees and the repre-
sentatives of deceased officers and employees in case officers or 
employees sustain injuries or death while rendering outside aid pur-
suant to this compact, in the same manner and on the same terms as if 
the injury or death were sustained within the state by or in which the 
officer or employee was regularly employed. 
"ARTIOLK VII. 
SFPPLBMKNTART AGREEMENTS 
"(a) To the extent that the Board has not undertaken an activity 
or project which would be within its power under the provisions of 
Article V of this compact, any two or more of the party states (act-
ing by their duly constituted administrative officials) may enter into 
supplementary agreements for the undertaking and continuance of 
such an activity or project. Any such agreement shall specify the pur-
pose or purposes; its duration and the procedure for termination 
thereof or withdrawal therefrom; the method of financing and allo-
cating the costs of the activity or project; and such other matters as 
may be necessary or appropriate. 
"No such supplementary agreement entered into pursuant to this 
article shall become effective prior to its submission to and approval 
by the Board. The Board shall give such approval unless it finds that 
the supplementary agreement or activity or project contemplated 
thereby is inconsistent with the provisions of this compact or a pro-
gram or activity conducted by or participated in by the Board. 
"(b) Unless all of the party states participate in a supplementary 
agreement, any cost or costs thereof shall be borne separately by 
the states party thereto, ^^owever, the Board may administer or other-
wise assist in the operation of any supplementary agreement. 
" (c) No party to a supplementary agreement entered into pursuant 
to this article shall be relieved thereby of any obligation or duty 
assumed by said party state under or pursuant to this compact, except 
that timely and proper performance of such obligation or duty by 
means of the supplementary agreement may be offered as perform-
ance pursuant to the compact. 
"(d) The provisions to this Article shall apply to supplementary 
agreements and activities thereunder, but shall not be construed to 
repeal or impair any authority which officers or agencies of party 
states may have pursuant to other laws to undertake cooperative 
arrangements or projects. 
"ARTICLE VIII. OTHER LAWS AND RELATIONS 
i 
"Nothing in this compact shall be construed to— 
"(a) Permit or require any person or other entity to avoid or 
refuse compliance with any law, rule, regulation, order or ordinance 
of a party state or subdivision thereof now or hereafter made, enacted 
or in force. 
.sq; 33 - S
T - O 8te-«' 
84 STAT. ] 
PUBLIC LAW 91-461-OCT. 16, 1970 
985 
"(b) Limit, diminish, or otherwise impair jurisdiction exercised by 
the Atomic Energy Commission, any agency successor thereto, or any 
other federal department, agency or officer pursuant to and in con-
formity with any valid and operative act of Congress; nor limit, 
diminish, affect, or otherwise impair jurisdiction exercised by any offi-
cer or agency of a party state, except to the extent that the provisions of 
this compact may provide therefor. 
"(c) Alter the relations between and respective internal responsi-
bilities of the government of a party state and its subdivisions. 
"(d) Permit or authorize the Board to own or operate any facility, 
- ^
s
A 
reactor, or installation for industrial or commercial purposes. 
"ARTICLE IX. ELIGIBLE PARTIES, ENTRY INTO FORCE AND WITHDRAWAL 
"(a) Any or all of the states of Alaska, Arizona, California, Colo-
rado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, 
Washington, and Wyoming shall be eligible to become party to this 
compact. 
" (b) As to any eligible party st ate, this compact shall become effec-
tive when its legislature shall have enacted the same into law: Pro-
vided^ That it shall not become initially effective until enacted into 
law by five states. 
"(c) Any party state may withdraw from this compact by enacting 
a statute repealing the same, but no such withdrawal shall take effect 
until two years after the Governor of the withdrawing state has given 
notice in writing of the withdrawal to the Governors of all other party 
states. No withdrawal shall affect any liability already incurred oy or 
chargeable to a party state prior to the time of such withdrawal. 
" (d) Guam and American Samoa, or either of them may participate 
in the compact to such extent as may be mutually agreed by the Board 
and the duly constituted authorities of Guam or American Samoa, as 
the case may be. However, such participation shall not include the 
furnishing or receipt of mutual aid pursuant to Article VI, unless that 
Article has been enacted or otherwise adopted so as to have the full 
force and effect of law in the jurisdiction affected. Neither Guam nor 
American Samoa shall be entitled to voting participation on the Board, 
unless it has become a full party to the compact. 
"ARTICLE X. SEVERABILITY AND CONSTRUCTION 
"The provisions of this compact and of any supplementary agree-
ment entered into hereunder shall be severable and if any phrase, clause, 
sentence or provision of this compact or such supplementary agreement 
is declared to be contrary to the constitution of any participating state 
or of the United States or the applicability^ thereof to any government, 
agency, person, or circumstance is held invalid, the validity of the 
remainder of this compact or such supplementary agreement and the 
applicability thereof to any government, agency, person or circum-
stance shall not be affected thereby. If this compact or any supple-
mentary agreement entered into hereunder shall be held contrary to 
the constitution of any state participating therein, the compact or 
such supplementary agreement shall remain in full force and effect as 
to the remaining states and in full force and effect as to the state affected 
as to all severable matters. The provisions of this compact and of any 
supplementary agreement entered into pursuant thereto shall be liber-
ally construed to effectuate the purposes thereof." 
SEC. 3. Pursuant to Article 11(a) of the Western Interstate Nuclear ^^^^^^-^^l 'H^^ 
Compact, there shall be one representative of the Federal Govern- pohitment'. 
ment on the Western Interstate Nuclear Board. The representative 
986 
PUBLIC LAW 91-462-OCT. 16, 1970 
[84 STAT. 
Copipensation; 
travel expenses. 
Agency cooper-
ation. 
Reports to 
President and 
congressional 
committee. 
Consent, ex-
tension. 
Congressional 
right to disclosure 
and information. 
shall be appointed by the President and he shall report to the President 
either directly or through such agency or official as the President may 
specify. His compensation shall be in such amount as the President 
shall specify: Provided^ That if the representative be an employee 
of the United States, he shall serve without additional compensation. 
The compensation, travel expenses, office space, stenographic, and 
administrative services of the representative shall be paid from any 
available appropriations selected by the head of such agency or agen-
cies as may be designated by the President to provide such expenses. 
SEC. 4. The Atomic Energy Commission; the National Aeronautics 
and Space Administration; the Secretary of Health, Education, and 
Welfare; the Secretary of Commerce; the Secretary of Labor; the 
Secretary of Agriculture; and the heads of other departments and 
agencies of the Federal Government are authorized, within available 
appropriations and pursuant to law, to cooperate with the Western 
Interstate Nuclear Board. 
SEC. 5. Copies of the annual reports made by the Western Interstate 
Nuclear Board pursuant to article I I (k) of the Western Interstate 
Nuclear Compact shall be transmitted to the President and to the 
Joint Committee on Atomic Energy of the Congress. 
SEC. 6. The consent to the Western Nuclear Compact given by this 
Act shall extend to any and all supplementary agreements entered 
into pursuant to article VII of such Compact: Provided^ That any 
such supplementaiT agreement is only for the exercise of one or more 
of the powers conferred upon the Western Interstate Nuclear Board 
by article V of such compact. 
SEC. T. The right to alter, amend, or repeal this Act is expressly 
reserved. 
SEC. 8. The right is hereby reserved to the Congress or any of its 
standing committees to require the disclosure and furnishing of such 
information or data by the Western Interstate Nuclear Board as is 
deemed appropriate by the Congress or any such Committee. 
Approved October 16, 1970. 
October 16, 1970 
[H.R. 15012] 
Public Law 91-462 
AN ACT 
To authorize a study of the feasibility and desirability of establishing a unit of 
the national park system tO commemorate the opening of the Cherokee Strip 
to homesteading, and for other purposes. 
Cherokee 
Strip, Kans.-Okla. 
Establishment 
as park system 
unit, feasibility 
study. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That, for the purpose 
of commemorating the opening of the Cherokee Strip to homesteading, 
and the historic use of the Chisholm Trail, cattle trails of the old south-
west, and other such arteries of commerce which contributed to the 
expansion of our Nation; and to preserve for the benefit of the 
American people outstanding examples of the natural prairie scene 
which existed during this period of expansion and growth, the Secre-
tary of the Interior shall study, investigate, and formulate recom-
mendations on the feasibility and desirability of establishing as a part 
of the national park system, an area, on lands in the States of Kansas 
and Oklahoma, associated with the aforesaid events and representa-
tive of the terrain and natural environment existing during such 
times.