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42 U.S.C. § 10194 — Content of agreements
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) In addition to the benefits to which a State, an affected unit of local government or Indian tribe is entitled under this subchapter, the Secretary shall make payments to a State or Indian tribe that is a party to a benefits agreement under [section 10173 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10173&num=0&edition=prelim) in accordance with the following schedule: BENEFITS SCHEDULE (amounts in $ millions) EventMRSRepository (A) Annual payments prior to first spent fuel receipt 510 (B) Upon first spent fuel receipt1020 (C) Annual payments after first spent fuel receipt until closure of the facility1020
(2) For purposes of this section, the term—
(A) “MRS” means a monitored retrievable storage facility,
(B) “spent fuel” means high-level radioactive waste or spent nuclear fuel, and
(C) “first spent fuel receipt” does not include receipt of spent fuel or high-level radioactive waste for purposes of testing or operational demonstration.
(3) Annual payments prior to first spent fuel receipt under paragraph (1)(A) shall be made on the date of execution of the benefits agreement and thereafter on the anniversary date of such execution. Annual payments after the first spent fuel receipt until closure of the facility under paragraph (1)(C) shall be made on the anniversary date of such first spent fuel receipt.
(4) If the first spent fuel payment under paragraph (1)(B) is made within six months after the last annual payment prior to the receipt of spent fuel under paragraph (1)(A), such first spent fuel payment under paragraph (1)(B) shall be reduced by an amount equal to one-twelfth of such annual payment under paragraph (1)(A) for each full month less than six that has not elapsed since the la
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Stable record: federal_law:legal_authorities:record_usc_f18144543af834d14bf1b66c
Source file: Laws/federal/codes/united-states-code/title-42/section-10194-content-of-agreements--5d60c6ad92.md
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Passage SHA-256: 94c40770db1975534b6e3ec47e38208bfe71db3e5e6c235425a9dd5a681f2cb4
Source location: Title 42, Chapter 108, § 10194; chapter-108-nuclear-waste-policy.md
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**(a) In general**
(1) In addition to the benefits to which a State, an affected unit of local government or Indian tribe is entitled under this subchapter, the Secretary shall make payments to a State or Indian tribe that is a party to a benefits agreement under [section 10173 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10173&num=0&edition=prelim) in accordance with the following schedule: BENEFITS SCHEDULE (amounts in $ millions) EventMRSRepository (A) Annual payments prior to first spent fuel receipt 510 (B) Upon first spent fuel receipt1020 (C) Annual payments after first spent fuel receipt until closure of the facility1020
(2) For purposes of this section, the term—
(A) “MRS” means a monitored retrievable storage facility,
(B) “spent fuel” means high-level radioactive waste or spent nuclear fuel, and
(C) “first spent fuel receipt” does not include receipt of spent fuel or high-level radioactive waste for purposes of testing or operational demonstration.
(3) Annual payments prior to first spent fuel receipt under paragraph (1)(A) shall be made on the date of execution of the benefits agreement and thereafter on the anniversary date of such execution. Annual payments after the first spent fuel receipt until closure of the facility under paragraph (1)(C) shall be made on the anniversary date of such first spent fuel receipt.
(4) If the first spent fuel payment under paragraph (1)(B) is made within six months after the last annual payment prior to the receipt of spent fuel under paragraph (1)(A), such first spent fuel payment under paragraph (1)(B) shall be reduced by an amount equal to one-twelfth of such annual payment under paragraph (1)(A) for each full month less than six that has not elapsed since the last annual payment under paragraph (1)(A).
(5) Notwithstanding paragraph (1), (2), or (3), no payment under this section may be made before January 1, 1989, and any payment due under this subchapter before January 1, 1989, shall be made on or after such date.
(6) Except as provided in paragraph (7), the Secretary may not restrict the purposes for which the payments under this section may be used.
(7)
(A) Any State receiving a payment under this section shall transfer an amount equal to not less than one-third of the amount of such payment to affected units of local government of such State.
(B) A plan for this transfer and appropriate allocation of such portion among such governments shall be included in the benefits agreement under [section 10173 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10173&num=0&edition=prelim) covering such payments.
(C) In the event of a dispute concerning such plan, the Secretary shall resolve such dispute, consistent with this chapter and applicable State law.
**(b) Contents** A benefits agreement under [section 10173 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10173&num=0&edition=prelim) shall provide that—
(1) a Review Panel be established in accordance with [section 10173b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10173b&num=0&edition=prelim);
(2) the State or Indian tribe that is party to such agreement waive its rights under this subchapter to disapprove the recommendation of a site for a repository;
(3) the parties to the agreement shall share with one another information relevant to the licensing process for the repository or monitored retrievable storage facility, as it becomes available;
(4) the State or Indian tribe that is party to such agreement participate in the design of the repository or monitored retrievable storage facility and in the preparation of documents required under law or regulation governing the effects of the facility on the public health and safety; and
(5) the State or Indian tribe waive its rights, if any, to impact assistance under sections 10136(c)(1)(B)(ii), 10136(c)(2), 10138(b)(2)(A)(ii), and 10138(b)(3) of this title.
**(c) Payments by Secretary** The Secretary shall make payments to the States or affected Indian tribes under a benefits agreement under this section from the Waste Fund. The signature of the Secretary on a valid benefits agreement under [section 10173 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10173&num=0&edition=prelim) shall constitute a commitment by the United States to make payments in accordance with such agreement.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary may select the site evaluated under [section 10164 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10164&num=0&edition=prelim) that the Secretary determines on the basis of available information to be the most suitable for a monitored retrievable storage facility that is an integral part of the system for the disposal of spent nuclear fuel and high-level radioactive waste established under this chapter.
**(b) Limitation** The Secretary may not select a site under subsection (a) until the Secretary recommends to the President the approval of a site for development as a repository under [section 10134(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10134/a&num=0&edition=prelim).
**(c) Site specific activities** The Secretary may conduct such site specific activities at each site surveyed under [section 10164 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10164&num=0&edition=prelim) as he determines may be necessary to support an application to the Commission for a license to construct a monitored retrievable storage facility at such site.
**(d) Environmental assessment** Site specific activities and selection of a site under this section shall not 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)). The Secretary shall prepare an environmental assessment with respect to such selection in accordance with regulations issued by the Secretary implementing such Act [[42 U.S.C. 4321](https://uscode.hou
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10173b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) 11 So in original. No subsec. (b) has been enacted. Establishment**
(1)
(A) There is established a Monitored Retrievable Storage Review Commission (hereinafter in this section referred to as the “MRS Commission”), that shall consist of 3 members who shall be appointed by and serve at the pleasure of the President pro tempore of the Senate and the Speaker of the House of Representatives.
(B) Members of the MRS Commission shall be appointed not later than 30 days after December 22, 1987, from among persons who as a result of training, experience and attainments are exceptionally well qualified to evaluate the need for a monitored retrievable storage facility as a part of the Nation’s nuclear waste management system.
(C) The MRS Commission shall prepare a report on the need for a monitored retrievable storage facility as a part of a national nuclear waste management system that achieves the purposes of this chapter. In preparing the report under this subparagraph, the MRS Commission shall—
(i) review the status and adequacy of the Secretary’s evaluation of the systems advantages and disadvantages of bringing such a facility into the national nuclear waste disposal system;
(ii) obtain comment and available data on monitored retrievable storage from affected parties, including States containing potentially acceptable sites;
(iii) evaluate the utility of a monitored retrievable storage facility from a technical perspective; and
(iv) make a recommendation to Congress as to whether such a facility should be included in the national nuclear waste management system in order to achieve the purposes of this chapter, including meeting needs for packaging and handling of spent nuclear fuel, improving the flexibility of the repository development sc
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10173
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) Demonstration and cooperative programs** The Secretary shall establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear power reactor sites, with the objective of establishing one or more technologies that the Commission may, by rule, approve for use at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals by the Commission. Not later than 1 year after January 7, 1983, the Secretary shall select at least 1, but not more than 3, sites evaluated under [section 10194 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10194&num=0&edition=prelim) at such power reactors. In selecting such site or sites, the Secretary shall give preference to civilian nuclear power reactors that will soon have a shortage of interim storage capacity for spent nuclear fuel. Subject to reaching agreement as provided in subsection (b), the Secretary shall undertake activities to assist such power reactors with demonstration projects at such sites, which may use one of the following types of alternate storage technologies: spent nuclear fuel storage casks, caissons, or silos. The Secretary shall also undertake a cooperative program with civilian nuclear power reactors to encourage the development of the technology for spent nuclear fuel rod consolidation in existing power reactor water storage basins.
**(b) Cooperative agreements** To carry out the programs described in subsection (a), the Secretary shall enter into a cooperative agreement with each utility involved that specifies, at a minimum, that—
(1) such utility shall select the alternate storage technique to be used, make the land and s
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10223
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Federal law — U.S. Code and appendices · legal_authorities
Page 8011
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 10195
be in different geologic media in the continental
United States, and at least 1 of which shall be in
media other than salt. Subject to Commission
requirements, the Secretary shall give pref-
erence to sites for the test and evaluation facil-
ity in media possessing geochemical character-
istics that retard aqueous transport of radio-
nuclides. In order to provide a greater possible
protection of public health and safety as oper-
ating experience is gained at the test and eval-
uation facility, and with the exception of the
primary areas under review by the Secretary on
January 7, 1983, for the location of a test and
evaluation facility or repository, all sites identi-
fied under this subsection shall be more than 15
statute miles from towns having a population of
greater than 1,000 persons as determined by the
most recent census unless such sites contain
high-level radioactive waste prior to identifica-
tion under this subchapter. Each identification
of a site shall be supported by an environmental
assessment, which shall include a detailed state-
ment of the basis for such identification and of
the probable impacts of the siting research ac-
tivities planned for such site, and a discussion of
alternative activities relating to siting research
that may be undertaken to avoid such impacts.
Such environmental assessment shall include—
(A) an evaluation by the Secretary as to
whether such site is suitable for siting re-
search under the guidelines established under
subsection (a);
(B) an evaluation by the Secretary of the ef-
fects of the siting research activities at such
site on the public health and safety and the
environment;
(C) a reasonable comparative evaluation by
the Secretary of such
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10194
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