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42 U.S.C. § 10224 — Payments to States and Indian tribes

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10224 — Payments to States and Indian tribes

**(a) Payments** Subject to subsection (b), the Secretary shall make payments to each State or affected Indian tribe that has entered into an agreement pursuant to [section 10195 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10195&num=0&edition=prelim). The Secretary shall pay an amount equal to 100 percent of the expenses incurred by such State or Indian tribe in engaging in any monitoring, testing, evaluation, or other consultation and cooperation activity under [section 10195 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10195&num=0&edition=prelim) with respect to any site. The amount paid by the Secretary under this paragraph shall not exceed $3,000,000 per year from the date on which the site involved was identified to the date on which the decontamination and decommission of the facility is complete pursuant to [section 10197(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10197/h&num=0&edition=prelim). Any such payment may only be made to a State in which a potential site for a test and evaluation facility has been identified under [section 10193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10193&num=0&edition=prelim), or to an affected Indian tribe where the potential site has been identified under such section. **(b) Limitation** The Secretary shall make any payment to a State under subsection (a) only if such State agrees to provide, to each unit of general local government within the jurisdictional boundaries of which the potential site or effectively selected site involved is located, at least one-tenth of the payments made by the Secretary to such State under such subsection. A

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Stable record: federal_law:legal_authorities:record_usc_52fe0818a5096b6945590b2d
Source file: Laws/federal/codes/united-states-code/title-42/section-10224-payments-to-states-and-indian-tribes--42ed66aeda.md
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Source location: Title 42, Chapter 108, § 10224; chapter-108-nuclear-waste-policy.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10193 — Benefits agreements

**(a) In general** (1) The Secretary may enter into a benefits agreement with the State of Nevada concerning a repository or with a State or an Indian tribe concerning a monitored retrievable storage facility for the acceptance of high-level radioactive waste or spent nuclear fuel in that State or on the reservation of that tribe, as appropriate. (2) The State or Indian tribe may enter into such an agreement only if the State Attorney General or the appropriate governing authority of the Indian tribe or the Secretary of the Interior, in the absence of an appropriate governing authority, as appropriate, certifies to the satisfaction of the Secretary that the laws of the State or Indian tribe provide adequate authority for that entity to enter into the benefits agreement. (3) Any benefits agreement with a State under this section shall be negotiated in consultation with affected units of local government in such State. (4) Benefits and payments under this part may be made available only in accordance with a benefits agreement under this section. **(b) Amendment** A benefits agreement entered into under subsection (a) may be amended only by the mutual consent of the parties to the agreement and terminated only in accordance with [section 10173c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10173c&num=0&edition=prelim). **(c) Agreement with Nevada** The Secretary shall offer to enter into a benefits agreement with the Governor of Nevada. Any benefits agreement with a State under this subsection shall be negotiated in consultation with any affected units of local government in such State. **(d) Monitored retrievable storage** The Secretary shall offer to enter into a benefits agreement relating to a monitored retrievable st

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10193

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10195 — Review Panel

**(a) In general** The Review Panel required to be established by [section 10173a(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10173a/b/1&num=0&edition=prelim) shall consist of a Chairman selected by the Secretary in consultation with the Governor of the State or governing body of the Indian tribe, as appropriate, that is party to such agreement and 6 other members as follows: (1) 2 members selected by the Governor of such State or governing body of such Indian tribe; (2) 2 members selected by units of local government affected by the repository or monitored retrievable storage facility; (3) 1 member to represent persons making payments into the Waste Fund, to be selected by the Secretary; and (4) 1 member to represent other public interests, to be selected by the Secretary. **(b) Terms** (1) The members of the Review Panel shall serve for terms of 4 years each. (2) Members of the Review Panel who are not full-time employees of the Federal Government, shall receive a per diem compensation for each day spent conducting work of the Review Panel, including their necessary travel or other expenses while engaged in the work of the Review Panel. (3) Expenses of the Panel shall be paid by the Secretary from the Waste Fund. **(c) Duties** The Review Panel shall— (1) advise the Secretary on matters relating to the proposed repository or monitored retrievable storage facility, including issues relating to design, construction, operation, and decommissioning of the facility; (2) evaluate performance of the repository or monitored retrievable storage facility, as it considers appropriate; (3) recommend corrective actions to the Secretary; (4) assist in the presentation of State or affected Indian tribe and local persp

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10131 — Definitions

For purposes of this chapter: (1) The term “Administrator” means the Administrator of the Environmental Protection Agency. (2) The term “affected Indian tribe” means any Indian tribe— (A) within whose reservation boundaries a monitored retrievable storage facility, test and evaluation facility, or a repository for high-level radioactive waste or spent fuel is proposed to be located; (B) whose federally defined possessory or usage rights to other lands outside of the reservation’s boundaries arising out of congressionally ratified treaties may be substantially and adversely affected by the locating of such a facility: Provided, That the Secretary of the Interior finds, upon the petition of the appropriate governmental officials of the tribe, that such effects are both substantial and adverse to the tribe; 11 So in original. The semicolon probably should be a period. (3) The term “atomic energy defense activity” means any activity of the Secretary performed in whole or in part in carrying out any of the following functions: (A) naval reactors development; (B) weapons activities including defense inertial confinement fusion; (C) verification and control technology; (D) defense nuclear materials production; (E) defense nuclear waste and materials by-products management; (F) defense nuclear materials security and safeguards and security investigations; and (G) defense research and development. (4) The term “candidate site” means an area, within a geologic and hydrologic system, that is recommended by the Secretary under [section 10132 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10132&num=0&edition=prelim) for site characterization, approved by the President under [section 10132 of this title](https

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10224 — Office of Civilian Radioactive Waste

Page 8021 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10226 1 So in original. Probably should be ‘‘repositories.’’ § 10224. Office of Civilian Radioactive Waste Management (a) Establishment There hereby is established within the Depart- ment of Energy an Office of Civilian Radioactive Waste Management. The Office shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate payable for level IV of the Executive Sched- ule under section 5315 of title 5. (b) Functions of Director The Director of the Office shall be responsible for carrying out the functions of the Secretary under this chapter, subject to the general super- vision of the Secretary. The Director of the Of- fice shall be directly responsible to the Sec- retary. (c) Annual report to Congress The Director of the Office shall annually pre- pare and submit to the Congress a comprehen- sive report on the activities and expenditures of the Office. (d) Audit by GAO If requested by either House of the Congress (or any committee thereof) or if considered nec- essary by the Comptroller General, the Govern- ment Accountability Office shall conduct an audit of the Office, in accord with such regula- tions as the Comptroller General may prescribe. The Comptroller General shall have access to such books, records, accounts, and other mate- rials of the Office as the Comptroller General de- termines to be necessary for the preparation of such audit. The Comptroller General shall sub- mit a report on the results of each audit con- ducted under this section. (Pub. L. 97–425, title III, § 304, Jan. 7, 1983, 96 Stat. 2261; Pub. L. 104–66, title I, § 1052(l), Dec. 21, 1995, 109 Stat. 719; Pub. L. 108–271, §

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10224

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