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42 U.S.C. § 10151 — Participation of States
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
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Source file: Laws/federal/codes/united-states-code/title-42/section-10151-participation-of-states--71fc767692.md
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Source location: Title 42, Chapter 108, § 10151; chapter-108-nuclear-waste-policy.md
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**(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 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 such Governor or legislature disapproved the recommended repository site involved.
(3) The authority of the Governor or legislature of each State under this subsection shall not be applicable with respect to any site located on a reservation.
**(c) Financial assistance**
(1)
(A) The Secretary shall make grants to the State of Nevada and any affected unit of local government for the purpose of participating in activities required by this section and [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 State or affected unit of local government, may not be considered eligible for funding under this paragraph.
(B) The Secretary shall make grants to the State of Nevada and any affected unit of local government for purposes of enabling such State or affected unit of local government—
(i) to review activities taken under this part with respect to the Yucca Mountain site for purposes of determining any potential economic, social, public health and safety, and environmental impacts of a repository on such State, or affected unit of local government 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 Nevada residents regarding any activities of such State, 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.
(C) Any salary or travel expense that would ordinarily be incurred by the State of Nevada or any affected unit of local government may not be considered eligible for funding under this paragraph.
(2)
(A)
(i) The Secretary shall provide financial and technical assistance to the State of Nevada, and any affected unit of local government requesting such assistance.
(ii) Such assistance shall be designed to mitigate the impact on such State or affected unit of local government of the development of such repository and the characterization of such site.
(iii) Such assistance to such State or affected unit of local government of such State shall commence upon the initiation of site characterization activities.
(B) The State of Nevada and any affected unit of local government may request assistance under this subsection by preparing and submitting to the Secretary a report on the economic, social, public health and safety, and environmental impacts that are likely to result from site characterization activities at the Yucca Mountain site. Such report shall be submitted to the Secretary after the Secretary has submitted to the State a general plan for site characterization activities under [section 10133(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10133/b&num=0&edition=prelim).
(C) As soon as practicable after the Secretary has submitted such site characterization plan, the Secretary shall seek to enter into a binding agreement with the State of Nevada setting forth—
(i) the amount of assistance to be provided under this subsection to such State or affected unit of local government; and
(ii) the procedures to be followed in providing such assistance.
(3)
(A) In addition to financial assistance provided under paragraphs (1) and (2), the Secretary shall grant to the State of Nevada and any affected unit of local government an amount each fiscal year equal to the amount such State or affected unit of local government, respectively, would receive if authorized to tax site characterization activities at such site, and the development and operation of such repository, as such State or affected unit of local government taxes the non-Federal real property and industrial activities occurring within such State or affected unit of local government.
(B) Such grants shall continue until such time as all such activities, development, and operation are terminated at such site.
(4)
(A) The State of Nevada or any affected unit of local government 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 the Governor and legislature of the State of Nevada of the termination of site characterization activities at the site in such State;
(ii) the date on which the Yucca Mountain 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); or
(iii) the date on which the Commission disapproves an application for a construction authorization for a repository at such site;
whichever occurs first.
(B) The State of Nevada or any affected unit of local government may not receive any further assistance under paragraph (2) with respect to a site if repository construction activities or site characterization 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 in a State, no Federal funds, shall be made available to such State or affected unit of local government under paragraph (1) or (2), except for—
(i) such funds as may be necessary to support activities related to any other repository located in, or proposed to be located in, such State, and for which a license to receive and possess has not been in effect for more than 1 year;
(ii) such funds as may be necessary to support State activities pursuant to agreements or contracts for impact assistance entered into, under paragraph (2), by such State with the Secretary during such 2-year period; and
(iii) such funds as may be provided under an agreement entered into under subchapter IV.
(5) Financial assistance authorized in this subsection shall be made out of amounts held in the Waste Fund.
(6) No State, other than the State of Nevada, may receive financial assistance under this subsection after December 22, 1987.
**(d) Additional notification and consultation** Whenever the Secretary is required under any provision of this chapter to notify or consult with the governing body of an affected Indian tribe where a site is located, the Secretary shall also notify or consult with, as the case may be, the Governor of the State in which such reservation is located.
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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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Federal law — U.S. Code and appendices · legal_authorities
**(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
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
Page 7993
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 10151
study to provide, by not later than December 31, 1993,
findings and recommendations on reasonable stand-
ards for protection of the public health and safety, in-
cluding—
‘‘(A) whether a health-based standard based upon
doses to individual members of the public from re-
leases to the accessible environment (as that term
is defined in the regulations contained in subpart B
of part 191 of title 40, Code of Federal Regulations,
as in effect on November 18, 1985) will provide a rea-
sonable standard for protection of the health and
safety of the general public;
‘‘(B) whether it is reasonable to assume that a
system for post-closure oversight of the repository
can be developed, based upon active institutional
controls, that will prevent an unreasonable risk of
breaching the repository’s engineered or geologic
barriers or increasing the exposure of individual
members of the public to radiation beyond allow-
able limits; and
‘‘(C) whether it is possible to make scientifically
supportable predictions of the probability that the
repository’s engineered or geologic barriers will be
breached as a result of human intrusion over a pe-
riod of 10,000 years.
‘‘(3) APPLICABILITY.—The provisions of this section
shall apply to the Yucca Mountain site, rather than
any other authority of the Administrator to set gen-
erally applicable standards for radiation protection.
‘‘(b) NUCLEAR REGULATORY COMMISSION REQUIREMENTS
AND CRITERIA.—
‘‘(1) MODIFICATIONS.—Not later than 1 year after the
Administrator promulgates standards under sub-
section (a), the Nuclear Regulatory Commission
shall, by rule, modify its technical requirements and
criteria under section 121(b) of the Nuclear Waste
Policy Act of 1982 (42 U.S.C
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10151
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