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42 U.S.C. § 10140 — State and affected Indian tribe participation in development of proposed repositories for defense waste

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

42 U.S.C. § 10140 — State and affected Indian tribe participation in development of proposed repositories for defense waste

**(a) Notification to States and affected Indian tribes** Notwithstanding the provisions of [section 10107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10107&num=0&edition=prelim), upon any decision by the Secretary or the President to develop a repository for the disposal of high-level radioactive waste or spent nuclear fuel resulting exclusively from atomic energy defense activities, research and development activities of the Secretary, or both, and before proceeding with any site-specific investigations with respect to such repository, the Secretary shall notify the Governor and legislature of the State in which such repository is proposed to be located, or the governing body of the affected Indian tribe on whose reservation such repository is proposed to be located, as the case may be, of such decision. **(b) Participation of States and affected Indian tribes** Following the receipt of any notification under subsection (a), the State or Indian tribe involved shall be entitled, with respect to the proposed repository involved, to rights of participation and consultation identical to those provided in sections 10135 through 10138 of this title, except that any financial assistance authorized to be provided to such State or affected Indian tribe under section 10136(c) or 10138(b) of this title shall be made from amounts appropriated to the Secretary for purposes of carrying out this section.

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Stable record: federal_law:legal_authorities:record_usc_c7c0b1beb5cb042d40daa2e9
Source file: Laws/federal/codes/united-states-code/title-42/section-10140-state-and-affected-indian-tribe-participation-in-development-of-proposed--e20417afc0.md
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Passage SHA-256: 797971c592dda95f00600d19edb821f79dad5a98c8dec63281e7891a717b22e9

Source location: Title 42, Chapter 108, § 10140; chapter-108-nuclear-waste-policy.md

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**(a) Notification to States and affected Indian tribes** Notwithstanding the provisions of [section 10107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10107&num=0&edition=prelim), upon any decision by the Secretary or the President to develop a repository for the disposal of high-level radioactive waste or spent nuclear fuel resulting exclusively from atomic energy defense activities, research and development activities of the Secretary, or both, and before proceeding with any site-specific investigations with respect to such repository, the Secretary shall notify the Governor and legislature of the State in which such repository is proposed to be located, or the governing body of the affected Indian tribe on whose reservation such repository is proposed to be located, as the case may be, of such decision. **(b) Participation of States and affected Indian tribes** Following the receipt of any notification under subsection (a), the State or Indian tribe involved shall be entitled, with respect to the proposed repository involved, to rights of participation and consultation identical to those provided in sections 10135 through 10138 of this title, except that any financial assistance authorized to be provided to such State or affected Indian tribe under section 10136(c) or 10138(b) of this title shall be made from amounts appropriated to the Secretary for purposes of carrying out this section.

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

42 U.S.C. § 10107 — Report

The Board shall report not less than 2 times per year to Congress and the Secretary its findings, conclusions, and recommendations. The first such report shall be submitted not later than 12 months after December 22, 1987.

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

42 U.S.C. § 10140 — Expedited authorizations

Page 7992 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10140 § 10140. Expedited authorizations (a) Issuance of authorizations (1) To the extent that the taking of any action related to the site characterization of a site or the construction or initial operation of a reposi- tory under this part requires a certificate, right- of-way, permit, lease, or other authorization from a Federal agency or officer, such agency or officer shall issue or grant any such authoriza- tion at the earliest practicable date, to the ex- tent permitted by the applicable provisions of law administered by such agency or officer. All actions of a Federal agency or officer with re- spect to consideration of applications or re- quests for the issuance or grant of any such au- thorization shall be expedited, and any such ap- plication or request shall take precedence over any similar applications or requests not related to such repositories. (2) The provisions of paragraph (1) shall not apply to any certificate, right-of-way, permit, lease, or other authorization issued or granted by, or requested from, the Commission. (b) Terms of authorizations Any authorization issued or granted pursuant to subsection (a) shall include such terms and conditions as may be required by law, and may include terms and conditions permitted by law. (Pub. L. 97–425, title I, § 120, Jan. 7, 1983, 96 Stat. 2227.) § 10141. Certain standards and criteria (a) Environmental Protection Agency standards Not later than 1 year after January 7, 1983, the Administrator, pursuant to authority under other provisions of law, shall, by rule, promul- gate generally applicable standards for protec- tion of the general environment from offsite re- leases from radioactive material in repositories. (b) Commission requ

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