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42 U.S.C. § 10135 — Limitation on spending authority
Federal law — U.S. Code and appendices · legal_authorities
The authority under this chapter to incur indebtedness, or enter into contracts, obligating amounts to be expended by the Federal Government shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance by appropriation Acts.
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Stable record: federal_law:legal_authorities:record_usc_23174534a4cce0bd122feeea
Source file: Laws/federal/codes/united-states-code/title-42/section-10135-limitation-on-spending-authority--1d7697f663.md
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Source location: Title 42, Chapter 108, § 10135; chapter-108-nuclear-waste-policy.md
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The authority under this chapter to incur indebtedness, or enter into contracts, obligating amounts to be expended by the Federal Government shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance by appropriation Acts.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Hearings and Presidential recommendation**
(1) The Secretary shall hold public hearings in the vicinity of the Yucca Mountain site, for the purposes of informing the residents of the area of such consideration and receiving their comments regarding the possible recommendation of such site. If, upon completion of such hearings and completion of site characterization activities at the Yucca Mountain site, under [section 10133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10133&num=0&edition=prelim), the Secretary decides to recommend approval of such site to the President, the Secretary shall notify the Governor and legislature of the State of Nevada, of such decision. No sooner than the expiration of the 30-day period following such notification, the Secretary shall submit to the President a recommendation that the President approve such site for the development of a repository. Any such recommendation by the Secretary shall be based on the record of information developed by the Secretary under [section 10133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10133&num=0&edition=prelim) and this section, including the information described in subparagraph (A) through subparagraph (G). Together with any recommendation of a site under this paragraph, the Secretary shall make available to the public, and submit to the President, a comprehensive statement of the basis of such recommendation, including the following:
(A) a description of the proposed repository, including preliminary engineering specifications for the facility;
(B) a description of the waste form or packaging proposed for use at such repository, and an explanation of the relationship between such waste form or pa
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10144
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Notification of States and affected tribes** The Secretary shall identify the States with one or more potentially acceptable sites for a repository within 90 days after January 7, 1983. Within 90 days of such identification, the Secretary shall notify the Governor, the State legislature, and the tribal council of any affected Indian tribe in any State of the potentially acceptable sites within such State. For the purposes of this subchapter, the term “potentially acceptable site” means any site at which, after geologic studies and field mapping but before detailed geologic data gathering, the Department undertakes preliminary drilling and geophysical testing for the definition of site location.
**(b) State participation in repository siting decisions**
(1) Unless otherwise provided by State law, the Governor or legislature of each State shall have authority to submit a notice of disapproval to the Congress under paragraph (2). In any case in which State law provides for submission of any such notice of disapproval by any other person or entity, any reference in this part to the Governor or legislature of such State shall be considered to refer instead to such other person or entity.
(2) Upon the submission by the President to the Congress of a recommendation of a site for a repository, the Governor or legislature of the State in which such site is located may disapprove the site designation and submit to the Congress a notice of disapproval. Such Governor or legislature may submit such a notice of disapproval to the Congress not later than the 60 days after the date that the President recommends such site to the Congress under [section 10134 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10134&num=0&edition=prelim). A
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10151
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Participation of Indian tribes in repository siting decisions** Upon the submission by the President to the Congress of a recommendation of a site for a repository located on the reservation of an affected Indian tribe, the governing body of such Indian tribe may disapprove the site designation and submit to the Congress a notice of disapproval. The governing body of such Indian tribe may submit such a notice of disapproval to the Congress not later than the 60 days after the date that the President recommends such site to the Congress under [section 10134 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10134&num=0&edition=prelim). A notice of disapproval shall be considered to be submitted to the Congress on the date of the transmittal of such notice of disapproval to the Speaker of the House and the President pro tempore of the Senate. Such notice of disapproval shall be accompanied by a statement of reasons explaining why the governing body of such Indian tribe disapproved the recommended repository site involved.
**(b) Financial assistance**
(1) The Secretary shall make grants to each affected tribe notified under [section 10136(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10136/a&num=0&edition=prelim) for the purpose of participating in activities required by [section 10137 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10137&num=0&edition=prelim) or authorized by written agreement entered into pursuant to [section 10137(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10137/c&num=0&edition=prelim). Any salary or travel expense that would ordinarily be incurred by such tribe, may
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10153
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Storage capacity**
(1) Subject to [section 10107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10107&num=0&edition=prelim), the Secretary shall provide, in accordance with paragraph (5), not more than 1,900 metric tons of capacity for the storage of spent nuclear fuel from civilian nuclear power reactors. Such storage capacity shall be provided through any one or more of the following methods, used in any combination determined by the Secretary to be appropriate:
(A) use of available capacity at one or more facilities owned by the Federal Government on January 7, 1983, including the modification and expansion of any such facilities, if the Commission determines that such use will adequately protect the public health and safety, except that such use shall not—
(i) render such facilities subject to licensing under the Atomic Energy Act of 1954 ([42 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2011&num=0&edition=prelim) et seq.) or the Energy Reorganization Act of 1974 ([42 U.S.C. 5801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5801&num=0&edition=prelim) et seq.); or
(ii) except as provided in subsection (c) require the preparation of an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 ([42 U.S.C. 4332(2)(C)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4332/2/C&num=0&edition=prelim)), such 11 So in original. Probably should be preceded by “if”. facility is already being used, or has previously been used, for such storage or for any similar purpose.22 So in original. The period probably should be a semicolon.
(B) acquisition of any modular or mo
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10168
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Report to Congress** Not later than 1 year after January 7, 1983, the Secretary shall transmit to the Congress a report setting forth whether the Secretary plans to locate the test and evaluation facility at the site of a repository.
**(b) Procedures**
(1) If the test and evaluation facility is to be located at any candidate site or repository site (A) site selection and development of such facility shall be conducted in accordance with the procedures and requirements established in subchapter I with respect to the site selection and development of repositories; and (B) the Secretary may not commence construction of any surface facility for such test and evaluation facility prior to issuance by the Commission of a construction authorization for a repository at the site involved.
(2) No test and evaluation facility may be converted into a repository unless site selection and development of such facility was conducted in accordance with the procedures and requirements established in subchapter I with respect to the site selection and development of respositories.11 So in original. Probably should be “repositories.”
(3) The Secretary may not commence construction of a test and evaluation facility at a candidate site or site recommended as the location for a repository prior to the date on which the designation of such site is effective under [section 10135 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10135&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10248
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Federal law — U.S. Code and appendices · legal_authorities
Page 7985
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 10135
such site is located, or under section 10138(b)(3)(B) of
this title by the affected Indian tribe where such site is
located, as the case may be’’.
Subsec. (a)(2). Pub. L. 100–202 and Pub. L. 100–203,
§ 5011(h)(2), amended subsec. (a) identically, adding par.
(2) and striking out former par. (2) which required sub-
mission of recommendation of one site for repository
not later than Mar. 31, 1987, and recommendation of
second site not later than Mar. 31, 1990, and permitted
subsequent recommendations for other sites and exten-
sion of deadlines.
Subsec. (a)(3), (4). Pub. L. 100–202 and Pub. L. 100–203,
§ 5011(h)(2), (3), amended subsec. (a) identically, redesig-
nating par. (4) as (3), in subpar. (A), substituting ‘‘the
Yucca Mountain site’’ for ‘‘any site under this sub-
section’’ and ‘‘statement’’ for ‘‘report’’, and striking
out former par. (3) which read as follows: ‘‘If approval
of any such site recommendation does not take effect
as a result of a disapproval by the Governor or legisla-
ture of a State under section 10136 of this title or the
governing body of an affected Indian tribe under sec-
tion 10138 of this title, the President shall submit to
the Congress, not later than 1 year after the dis-
approval of such recommendation, a recommendation
of another site for the first or subsequent repository.’’
Subsec. (b). Pub. L. 100–202 and Pub. L. 100–203,
§ 5011(i), amended subsec. (b) identically, substituting
‘‘the Yucca Mountain site’’ for ‘‘a site for a repository’’
and ‘‘State of Nevada’’ for ‘‘State in which such site is
located, or the governing body of the affected Indian
tribe where such site is located, as the case may be,’’.
Subsec. (d). Pub. L. 100–202 and Pub. L. 100–203,
§
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10135
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