Idaho State Statutes - Idaho Attorney Directory

The Western Interstate
Nuclear Compact is hereby enacted into law and entered into by the state of
Idaho as a party, and is in full force and effect between the state and any
other state joining therein in accordance with the terms of the compact, which
compact is substantially 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 industrial 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 promotion 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 framework for 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.

ARTICLE II. THE 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. Any member of the
Board may provide for the discharge of his duties and the performance of his
functions thereon (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
without 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 representing 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.
(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 conjunction
with any one or more of the party states, or its institutions or subdivisions,
a suitable retirement system for its full-time employees. Employees of the
Board shall be eligible for social security coverage in respect of old age and
survivors insurance provided that the Board takes such steps 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, equipment, 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
any donation or grant accepted pursuant to this paragraph or upon any
borrowing pursuant to paragraph (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 appropriate 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 for appropriations pursuant
to a budget of estimated expenditures shall be apportioned equally among the
party states. Subject to appropriation 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 personnel, 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, provided that the
Board takes specific action setting aside such funds prior to the incurring of
any obligation to be met in whole or in part in this manner. Except where the
Board makes use of funds available to it under Article II(h) hereof, the Board
shall not incur any obligation prior to the allotment of funds by the party
jurisdictions adequate to meet the same.
(d) Any expenses and any other costs for each member of the Board in
attending 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 bylaws. 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.

ARTICLE 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, representatives of industry, labor,
commerce, agriculture, civic associations, medicine, education, voluntary
health agencies, and officials of local, State and Federal Government, and may
cooperate with and use the services of any such committees and the
organizations which they represent 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 related scientific
findings and technologies.
(c) Encourage the development and use of scientific advances and
discoveries in nuclear facilities, energy, materials, products, by-products,
and all other appropriate adaptations of scientific and technological advances
and discoveries.
(d) Collect, correlate, and disseminate information relating to the
peaceful uses of nuclear energy, materials, and products, and other products
and processes resulting from the application of related science and
technology.
(e) Encourage the development and use of nuclear energy, facilities,
installations, and products as part of a balanced economy.
(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 disposal 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 development 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.
(j) 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 subdivisions in nuclear and
related fields, as in 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 circumstances 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.
(l) 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 Technology, 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 of 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, circumstances,
and conditions as may bring about the prevention and control 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 agencies 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 effectiveness of mutual aid in particular
instances.
From time to time, the Board shall analyze the information gathered 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 maintenance 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.
(e) Any party state rendering outside aid pursuant to this compact shall
be reimbursed by the party state receiving such aid for any loss or damage to,
or expense incurred in the operation of any equipment 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 loaning 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 compensation and
death benefits to injured officers and employees and the representatives of
deceased officers and employees in case officers or employees sustain injuries
or death while rendering outside aid pursuant 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.
ARTICLE VII. SUPPLEMENTARY 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 (acting 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 purpose or purposes; its duration and the
procedure for termination thereof or withdrawal therefrom; the method of
financing and allocating 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 program 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. However, the Board may administer or otherwise 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 performance 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 REGULATIONS

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.
(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 conformity with any valid and
operative act of Congress; nor limit, diminish, affect, or otherwise impair
jurisdiction exercised by any officer 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 the respective internal
responsibilities of the government of a party state and its subdivisions.
(d) Permit or authorize the Board to own or operate any facility,
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, Colorado,
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 state, this compact shall become effective
when its legislature shall have enacted the same into law: provided, 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 by 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 agreement 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 circumstance shall not be affected thereby. If this compact
or any supplementary 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 liberally construed to
effectuate the purposes thereof.

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