42 U.S.C. § 10173 — Benefits agreements

Page 8007 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10173a manner funding for all research programs in ex- istence on December 22, 1987, designed to evalu- ate the suitability of crystalline rock as a po- tential repository host medium. (d) Additional siting criteria In the event that the Secretary at any time after December 22, 1987, considers any sites in crystalline rock for characterization or selec- tion as a repository, the Secretary shall con- sider (as a supplement to the siting guidelines under section 10132 of this title) such potentially disqualifying factors as— (1) seasonal increases in population; (2) proximity to public drinking water sup- plies, including those of metropolitan areas; and (3) the impact that characterization or siting decisions would have on lands owned or placed in trust by the United States for Indian tribes. (Pub. L. 97–425, title I, § 161, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5012, Dec. 22, 1987, 101 Stat. 1330–231.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. PART F—BENEFITS § 10173. 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 fa- cility for the acceptance of high-level radio- active waste or spent nuclear fuel in that State or on the reservation of that tribe, as appro- priate. (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 Inte- rior, in the absence of an appropriate governing authority, as appropriate, certifies to the satis- faction of the Secretary that the laws of the State or Indian tribe provide adequate authority for that entity to enter into the benefits agree- ment. (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 sub- section (a) may be amended only by the mutual consent of the parties to the agreement and ter- minated only in accordance with section 10173c of this title. (c) Agreement with Nevada The Secretary shall offer to enter into a bene- fits 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 bene- fits agreement relating to a monitored retriev- able storage facility with the governing body of the Indian tribe on whose reservation the site for such facility is located, or, if the site is not located on a reservation, with the Governor of the State in which the site is located and in con- sultation with affected units of local govern- ment in such State. (e) Limitation Only one benefits agreement for a repository and only one benefits agreement for a monitored retrievable storage facility may be in effect at any one time. (f) Judicial review Decisions of the Secretary under this section are not subject to judicial review. (Pub. L. 97–425, title I, § 170, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5031, Dec. 22, 1987, 101 Stat. 1330–237.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. § 10173a. Content of agreements (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 in ac- cordance with the following schedule: BENEFITS SCHEDULE (amounts in $ millions) Event MRS Repository (A) Annual payments prior to first spent fuel receipt ....................... 5 10 (B) Upon first spent fuel receipt ... 10 20 (C) Annual payments after first spent fuel receipt until closure of the facility ............................. 10 20 (2) For purposes of this section, the term— (A) ‘‘MRS’’ means a monitored retrievable storage facility, (B) ‘‘spent fuel’’ means high-level radio- active waste or spent nuclear fuel, and (C) ‘‘first spent fuel receipt’’ does not in- clude receipt of spent fuel or high-level radio- active waste for purposes of testing or oper- ational 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