Low-Level Radioactive Waste Siting Improvement Act

Low-Level Radioactive Waste Siting Improvement Act - Prohibits the siting of any radioactive waste disposal facility, except specified existing facilities, within specified distances of: (1) the critical habitat of certain endangered species; (2) designated wetlands; and (3) Interstate System highways.

 
HR 4155 IH
101st CONGRESS
2d Session
 H. R. 4155
To prohibit the siting of low-level radioactive waste disposal facilities
near the habitats of endangered or threatened species or wetlands, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 1, 1990
Mr. DAVIS introduced the following bill; which was referred jointly to the
Committees on Energy and Commerce and Interior and Insular Affairs
A BILL
To prohibit the siting of low-level radioactive waste disposal facilities
near the habitats of endangered or threatened species or wetlands, and for
other purposes.
  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 `Low-Level Radioactive Waste Siting Improvement
  Act'.
SEC. 2. PROHIBITION ON SITING NEAR ENDANGERED SPECIES HABITATS OR WETLANDS.
  Notwithstanding any provision of the Low-Level Radioactive Waste Policy
  Act, or any interstate compact approved pursuant to such Act, no low-level
  radioactive waste disposal facility may be sited--
  (1) within 25 miles of the critical habitat of a species listed as endangered
  or threatened under section 4 of the Endangered Species Act of 1973 (16
  U.S.C. 1533); or
  (2) within 10 miles of an area determined by the Secretary of the Interior
  to be a wetland.
SEC. 3. SITING AND TRANSPORTATION ROUTES.
  Notwithstanding any provision of the Low-Level Radioactive Waste Policy
  Act, or any interstate compact approved pursuant to such Act, no low-level
  radioactive waste disposal facility may be sited more than 50 miles from
  a highway designated as part of the Interstate System.
SEC. 4. DEFINITIONS.
  As used in this Act--
  (1) `critical habitat' has the meaning given such term in section 3(5)
  of the Endangered Species Act of 1973 (16 U.S.C. 1532(5));
  (2) `endangered species' has the meaning given such term in section 3(6)
  of the Endangered Species Act of 1973 (16 U.S.C. 1532(6));
  (3) `Interstate System' has the meaning given such term in section 101 of
  title 23, United States Code;
  (4) `low-level radioactive waste disposal facility' means a facility
  suitable for the disposal of low-level radioactive waste under the Low-Level
  Radioactive Waste Policy Act (42 U.S.C. 2021b et seq.);
  (5) `threatened species' has the meaning given such term in section 3(20)
  of the Endangered Species Act of 1973 (16 U.S.C. 1532(20)); and
  (6) `wetland' means land characterized by the presence of water at
  a frequency and duration sufficient to support and that under normal
  circumstances does support wetland vegetation or aquatic life and is
  commonly referred to as a bog, swamp, or marsh.
SEC. 5. EXEMPTION FOR CERTAIN FACILITIES.
  This Act shall not apply to low-level radioactive waste disposal facilities
  in operation on the date of the enactment of this Act located in Barnwell,
  in the State of South Carolina, Richland, in the State of Washington;
  and Beatty, in the State of Nevada.