Page:United States Statutes at Large Volume 102 Part 2.djvu/66

 102 STAT. 1070

PUBLIC LAW 100-408—AUG. 20, 1988

i i ^ neptunium, plutonium, americium, and curium, and that are in concentrations greater than 10 nanocuries per gram, or in such other concentrations as the Nuclear R^ulatory Commission may prescribe to protect the public health and safety. "ff. The term 'nuclear waste activities', as used in section 170, means activities subject to an agreement of indemnification under subsection d. of such section, that the Secretary of Energy is authorized to undertake, under this Act or any other law, involving the storage, handling, transportation, treatment, or disposal of, or research and development on, spent nuclear fuel, high-level radioactive waste, or transuranic waste, including (but not limited to) activities authorized to be carried out under the Waste Isolation Pilot Project under section 213 of Public Law 96-164 (93 Stat. 1265).". SEC. 5. PRECAUTIONARY EVACUATIONS. (a) COSTS INCURRED BY STATE GOVERNMENTS.—Section 11 w. of the

Atomic Energy Act of 1954 (42 U.S.C. 2014(w)) is amended by inserting after "nuclear incident" the first place it appears the following: "or precautionary evacuation (including all reasonable additional costs incurred by a State, or a political subdivision of a State, in the course of responding to a nuclear incident or a precautionary evacuation)". (b) DEFINITION.—Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014), as previously amended by this Act, is further amended by adding at the end the following new subsection: "gg. The term 'precautionary evacuation' means an evacuation of the public within a specified area near a nuclear facility, or the transportation route in the case of an accident involving transportation of source material, special nuclear material, byproduct material, high-level radioactive waste, spent nuclear fuel, or transuranic waste to or from a production or utilization facility, if the evacuation is— "(1) the result of any event that is not classified as a nuclear incident but that poses imminent danger of bodily injury or property damage from the radiological properti^ of source material, special nuclear material, byproduct material, highlevel radioactive waste, spent nuclear fuel, or transuranic waste, and causes an evacuation; and "(2) initiated by an official of a State or a political subdivision of a State, who is authorized by State law to initiate such an evacuation and who reasonably determined that such an evacuation was necessary to protect the public health and safety.". (c) LIMITATION.—Section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) is amended by adding at the end the following new subsection: Courts, U.S.

"q. LIMITATION ON AWARDING OF PRECAUTIONARY EVACUATION

COSTS.—No court may award costs of a precautionary evacuation unless such costs constitute a public liability.". SEC 6. AGGREGATE PUBLIC LIABILITY FOR SINGLE NUCLEAR INCIDENT.

Section 170 e. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(e)) is amended to read as follows: "e. LIMITATION ON AGGREGATE P U B U C LIABILITY.—(1) The aggregate public liability for a single nuclear incident of persons indemnified, including such l ^ a l costs as are authorized to be paid under subsection o. (I)(D), shall not exceed—

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