High-level radioactive wste management: a means to social consensus Page: 3 of 14
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federal government. NWPA entitles states to rights of partici-
pation, consultation, and approval in the choice of sites fQr
the disposal of RLW and spent nuclear fuel, and it defines the
relationship between the states and the federal government.
Written agreements will establish procedures by which the
United States Department of Energy (DOE) shall "consult and
cooperate" (C&C) with host states on a regular, ongoing basis,
according to an orderly process and timely schedule for state
review and evaluation. States shall be entitled to share all
technical and licensing information, the utilization of avail-
able expertise, joint project reviews, and joint surveillance
and monitoring arrangements, with full federal funding. On
pain of suspension of all siting activities within its boun-
daries, a state will be entitled to timely and complete infor-
mation on determinations or plans for site characterization,
siting, development, design, licensing, construction, opera-
tion, regulation, or decommissioning of repositories. Finally,
a state is authorized to submit to Congress a notice of disap-
proval of a sire recommended by the President, which can be
overridden only by a joint resolution of both houses of the
Congress.
NWPA specifies the matters on which states shall be
notified (Table I) and consulted (Table II), the financial and
technical assistance they will receive, and tha actions they
are authorized to take (Table III). It guarantees them federal
cooperation to resolve their concerns as to public health and
safety and any environmental, social, or economic impacts of an
HL[ repository, interim storage facility, or test and evalua-
tion facility. It requires that a written agreement specify
the procedures for resolving a state's objections at any stage
of the planning, siting, development, construction, operation,
or closure of such waste facilities through negotiation, arbi-
tration, or other mechanisms.
As many as fourteen sites for waste facilities may be
investigated under the Act, possibly involving that many
states. Similar rights are granted to affected Indian tribes
that are quasi-sovereign, independent governments which control
their tribal property and other resource ownership rights under
the protection both of their trustee, the U.S. government, and
the Constitution.
2. STATE INVOLVEMENT BEFORE NWPA
Throughout the history of federal nuclear waste manage-
ment, many states have been involved in one way or another.
Without the guidance of explicit federal legislation, and as
federal activities progressed, each state was forced to develop
its own approach to insure that its concerns would be addres-
sed. Activities have varied from state to state and even
within a state, depending on the political climate and/or the
status of federal activities. In addition, groups such as the
State Planning Council and the National Governors Association
have proposed active roles for states. Piecemeal Congressional
legislation, such as funding for the Waste Isolation Pilot
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Pierce, B.; Hill, D. & Haefele, E.T. High-level radioactive wste management: a means to social consensus, article, January 1, 1983; Upton, New York. (https://digital.library.unt.edu/ark:/67531/metadc1110215/m1/3/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.