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42 U.S.C. § 10153 — Participation of Indian tribes

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

42 U.S.C. § 10153 — Participation of Indian tribes

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Stable record: federal_law:legal_authorities:record_usc_d9e09a2eb03f715486f2790e
Source file: Laws/federal/codes/united-states-code/title-42/section-10153-participation-of-indian-tribes--86c5d66e7f.md
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Source location: Title 42, Chapter 108, § 10153; chapter-108-nuclear-waste-policy.md

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**(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 not be considered eligible for funding under this paragraph. (2) (A) The Secretary shall make grants to each affected Indian tribe where a candidate site for a repository is approved under [section 10132(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10132/c&num=0&edition=prelim). Such grants may be made to each such Indian tribe only for purposes of enabling such Indian tribe— (i) to review activities taken under this part with respect to such site for purposes of determining any potential economic, social, public health and safety, and environmental impacts of such repository on the reservation and its residents; (ii) to develop a request for impact assistance under paragraph (2); (iii) to engage in any monitoring, testing, or evaluation activities with respect to site characterization programs with regard to such site; (iv) to provide information to the residents of its reservation regarding any activities of such Indian tribe, the Secretary, or the Commission with respect to such site; and (v) to request information from, and make comments and recommendations to, the Secretary regarding any activities taken under this part with respect to such site. (B) The amount of funds provided to any affected Indian tribe under this paragraph in any fiscal year may not exceed 100 percent of the costs incurred by such Indian tribe with respect to the activities described in clauses (i) through (v) of subparagraph (A). Any salary or travel expense that would ordinarily be incurred by such Indian tribe may not be considered eligible for funding under this paragraph. (3) (A) The Secretary shall provide financial and technical assistance to any affected Indian tribe requesting such assistance and where there is a site with respect to which the Commission has authorized construction of a repository. Such assistance shall be designed to mitigate the impact on such Indian tribe of the development of such repository. Such assistance to such Indian tribe shall commence within 6 months following the granting by the Commission of a construction authorization for such repository and following the initiation of construction activities at such site. (B) Any affected Indian tribe desiring assistance under this paragraph shall prepare and submit to the Secretary a report on any economic, social, public health and safety, and environmental impacts that are likely as a result of the development of a repository at a site on the reservation of such Indian tribe. Such report shall be submitted to the Secretary following the completion of site characterization activities at such site and before the recommendation of such site to the President by the Secretary for application for a construction authorization for a repository. As soon as practicable following the granting of a construction authorization for such repository, the Secretary shall seek to enter into a binding agreement with the Indian tribe involved setting forth the amount of assistance to be provided to such Indian tribe under this paragraph and the procedures to be followed in providing such assistance. (4) The Secretary shall grant to each affected Indian tribe where a site for a repository is approved under [section 10132(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10132/c&num=0&edition=prelim) an amount each fiscal year equal to the amount such Indian tribe would receive were it authorized to tax site characterization activities at such site, and the development and operation of such repository, as such Indian tribe taxes the other commercial activities occurring on such reservation. Such grants shall continue until such time as all such activities, development, and operation are terminated at such site. (5) 11 So in original. Probably should be designated “(5)(A)”. An affected Indian tribe may not receive any grant under paragraph (1) after the expiration of the 1-year period following— (i) the date on which the Secretary notifies such Indian tribe of the termination of site characterization activities at the candidate site involved on the reservation of such Indian tribe; (ii) the date on which such site is disapproved under [section 10135 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10135&num=0&edition=prelim); (iii) the date on which the Commission disapproves an application for a construction authorization for a repository at such site; 22 So in original. Probably should be followed by “or”. (iv) December 22, 1987; whichever occurs first, unless there is another candidate site on the reservation of such Indian tribe that is approved under [section 10132(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10132/c&num=0&edition=prelim) and with respect to which the actions described in clauses (i), (ii), and (iii) have not been taken. (B) An affected Indian tribe may not receive any further assistance under paragraph (2) with respect to a site if repository construction activities at such site are terminated by the Secretary or if such activities are permanently enjoined by any court. (C) At the end of the 2-year period beginning on the effective date of any license to receive and possess for a repository at a site on the reservation of an affected Indian tribe, no Federal funds shall be made available under paragraph (1) or (2) to such Indian tribe, except for— (i) such funds as may be necessary to support activities of such Indian tribe related to any other repository where a license to receive and possess has not been in effect for more than 1 year; and (ii) such funds as may be necessary to support activities of such Indian tribe pursuant to agreements or contracts for impact assistance entered into, under paragraph (2), by such Indian tribe with the Secretary during such 2-year period. (6) Financial assistance authorized in this subsection shall be made out of amounts held in the Nuclear Waste Fund established in [section 10222 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10222&num=0&edition=prelim).

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

42 U.S.C. § 10222 — Research and development on disposal of high-level radioactive waste

**(a) Purpose** Not later than 64 months after January 7, 1983, the Secretary is authorized to, to the extent practicable, begin at a site evaluated under [section 10194 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10194&num=0&edition=prelim), as part of and as an extension of siting research activities of such site under such section, the mining and construction of a test and evaluation facility. Prior to the mining and construction of such facility, the Secretary shall prepare an environmental assessment. The purpose of such facility shall be— (1) to supplement and focus the repository site characterization process; (2) to provide the conditions under which known technological components can be integrated to demonstrate a functioning repository-like system; (3) to provide a means of identifying, evaluating, and resolving potential repository licensing issues that could not be resolved during the siting research program conducted under section 10192 11 So in original. Probably should be “10194”. of this title; (4) to validate, under actual conditions, the scientific models used in the design of a repository; (5) to refine the design and engineering of repository components and systems and to confirm the predicted behavior of such components and systems; (6) to supplement the siting data, the generic and specific geological characteristics developed under [section 10194 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10194&num=0&edition=prelim) relating to isolating disposal materials in the physical environment of a repository; (7) to evaluate the design concepts for packaging, handling, and emplacement of high-level radioactive waste and spent nuclear fuel at the design rat

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10222

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

42 U.S.C. § 10135 — Limitation on spending authority

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

42 U.S.C. § 10137 — Applicability to atomic energy defense activities

**(a) Atomic energy defense activities** Subject to the provisions of subsection (c), the provisions of this chapter shall not apply with respect to any atomic energy defense activity or to any facility used in connection with any such activity. **(b) Evaluation by President** (1) Not later than 2 years after January 7, 1983, the President shall evaluate the use of disposal capacity at one or more repositories to be developed under part A of subchapter I for the disposal of high-level radioactive waste resulting from atomic energy defense activities. Such evaluation shall take into consideration factors relating to cost efficiency, health and safety, regulation, transportation, public acceptability, and national security. (2) Unless the President finds, after conducting the evaluation required in paragraph (1), that the development of a repository for the disposal of high-level radioactive waste resulting from atomic energy defense activities only is required, taking into account all of the factors described in such subsection, the Secretary shall proceed promptly with arrangement for the use of one or more of the repositories to be developed under part A of subchapter I for the disposal of such waste. Such arrangements shall include the allocation of costs of developing, constructing, and operating this repository or repositories. The costs resulting from permanent disposal of high-level radioactive waste from atomic energy defense activities shall be paid by the Federal Government, into the special account established under [section 10222 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10222&num=0&edition=prelim). (3) Any repository for the disposal of high-level radioactive waste resulting from atomic energy defense acti

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10137

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

42 U.S.C. § 10134 — Ocean disposal

Nothing in this chapter shall be deemed to affect the Marine Protection, Research, and Sanctuaries Act of 1972 ([33 U.S.C. 1401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1401&num=0&edition=prelim) et seq.).

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

42 U.S.C. § 10153 — Interim at-reactor storage

Page 7994 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10152 1 See References in Text note below. vilian nuclear power reactor to the extent practical and the addition of new spent nu- clear fuel storage capacity where practical at the site of such reactor; and (2) to provide, in accordance with the provi- sions of this part, for the establishment of a federally owned and operated system for the interim storage of spent nuclear fuel at one or more facilities owned by the Federal Govern- ment with not more than 1,900 metric tons of capacity to prevent disruptions in the orderly operation of any civilian nuclear power reac- tor that cannot reasonably provide adequate spent nuclear fuel storage capacity at the site of such reactor when needed. (Pub. L. 97–425, title I, § 131, Jan. 7, 1983, 96 Stat. 2229.) § 10152. Available capacity for interim storage of spent nuclear fuel The Secretary, the Commission, and other au- thorized Federal officials shall each take such actions as such official considers necessary to encourage and expedite the effective use of available storage, and necessary additional stor- age, at the site of each civilian nuclear power reactor consistent with— (1) the protection of the public health and safety, and the environment; (2) economic considerations; (3) continued operation of such reactor; (4) any applicable provisions of law; and (5) the views of the population surrounding such reactor. (Pub. L. 97–425, title I, § 132, Jan. 7, 1983, 96 Stat. 2230.) § 10153. Interim at-reactor storage The Commission shall, by rule, establish pro- cedures for the licensing of any technology ap- proved by the Commission under section 10198(a) 1 of this title for use at the site of any ci- vilian nuclear power reactor. The establishme

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