FILE NUMBER........

Whereas, Few environmental challenges have proven more daunting

than the problems posed by high-level nuclear waste; and

Whereas, The proposed Nuclear Waste Policy Act of 1999 is a

disastrous response to these problems and if enacted would attack state

authority, create massive taxpayer liabilities and unwisely require an

"interim" storage facility for high-level nuclear waste which would directly

threaten the environment; and

Whereas, By requiring construction of an "interim" storage facility at

the Nevada Test Site, the proposed Nuclear Waste Policy Act of 1999

would require the unprecedented shipment of high-level nuclear waste

through 43 states endangering the lives of fifty million American citizens

who live within one-half mile of the proposed transportation routes; and

Whereas, Although there is the expectation that high-level nuclear

waste at reactors will eventually have to be moved, the provisions of the

Nuclear Waste Policy Act of 1999 exacerbate the risk of this dangerous

activity; and

Whereas, Despite the serious flaws with the proposed Yucca Mountain

site, studies are being conducted to determine whether the site is capable of

hosting a permanent repository for high-level nuclear waste, but if enacted,

the Nuclear Waste Policy Act of 1999 would prejudice those studies by

explicitly revoking federal regulations that establish guidelines for

determining the suitability of the site; and

Whereas, Upon the revocation of such regulations, requirements for

establishing the characteristics of the site, such as the time it takes for water

to travel and climactic stability, would be eliminated, thereby undermining

the integrity of any determination regarding the suitability of the site for the

storage of high-level nuclear waste; and

Whereas, A major cause for concern in designating the Nevada Test

Site as the "interim" storage facility is the high seismic activity that has

been taking place in the area, including seven earthquakes just last month at

3.0 or greater with three jolts recorded at a magnitude of between 4.3 and

4.7 that struck at the eastern edge of the site; and

Whereas, Geologists have expressed concern over this seismic activity

stating that these recent earthquakes are part of a swarm of tremblors that

have occurred along the Rock Valley Fault zone, including a 5.8 magnitude

quake on June 29, 1992, at Little Skull Mountain, which knocked out

windows, cracked walls and brought down ceiling panels at a fields

operations center approximately 12 miles from the site of the proposed

repository; and

Whereas, Federal law directs the Environmental Protection Agency to

enact regulations to protect the environment from repository radiation

releases, but the Nuclear Waste Policy Act of 1999 prohibits all efforts of

the Environmental Protection Agency to carry out this responsibility; and

Whereas, The reality is that the Nuclear Waste Policy Act of 1999

would create a single performance standard that would allow annual

radiation exposures of up to 100 millirems to an average member of the

surrounding population, a level four times the amount allowed by

regulation for storage facilities; and

Whereas, The Nuclear Waste Policy Act of 1999 contains broad

preemptions for environmental legislation including a provision stating that

any state or local law that is "inconsistent" with the requirements of the

proposed Act is preempted; and

Whereas, This proposed Act does not allow the Environmental Impact

Statement to question the size, need or timing of any "interim" storage

facility nor does it allow any questions relating to alternative locations or

design criteria; and

Whereas, The proposed "interim" storage facility site will have a

capacity of 40,000 MTUs which is sufficient space to store all of today’s

commercial nuclear waste and the license is to be a 100-year renewable

license which suggests that this proposed "interim" storage facility is

expected to become permanent; now, therefore, be it

Resolved by the Senate and Assembly of the State of Nevada,

Jointly, That the members of the 70th session of the Nevada Legislature

do hereby urge the Congress of the United States not to enact the Nuclear

Waste Policy Act of 1999, H.R. 45; and be it further

Resolved, That the Nevada Legislature is opposed to any further

consideration of the use of the Nevada Test Site as a national site for the

disposal of high-level nuclear waste; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy

of this resolution to the Vice President of the United States as the presiding

officer of the Senate, the Speaker of the House of Representatives and each

member of the Nevada Congressional Delegation; and be it further

Resolved, That this resolution becomes effective upon passage and

approval.

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