42 U.S.C. § 10136 — Participation of States

Page 7987 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10136 the Member calling up such resolution and a Member opposed to such resolution for 2 hours of debate in the House, to be equally divided and controlled by such Members. When such time has expired, the previous question shall be con- sidered as ordered on the resolution to adoption without intervening motion. No amendment to any such resolution shall be in order, nor shall it be in order to move to reconsider the vote by which such resolution is agreed to or disagreed to. (5) If the House receives from the Senate a res- olution of repository siting approval with re- spect to any site, then the following procedure shall apply: (A) The resolution of the Senate with re- spect to such site shall not be referred to a committee. (B) With respect to the resolution of the House with respect to such site— (i) the procedure with respect to that or other resolutions of the House with respect to such site shall be the same as if no resolu- tion from the Senate with respect to such site had been received; but (ii) on any vote on final passage of a reso- lution of the House with respect to such site, a resolution from the Senate with respect to such site where the text is identical shall be automatically substituted for the resolution of the House. (f) Computation of days For purposes of this section— (1) continuity of session of Congress is bro- ken only by an adjournment sine die; and (2) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of the 90-day period referred to in subsection (c) and the 60-day period re- ferred to in subsections (d) and (e). (g) Information provided to Congress In considering any notice of disapproval sub- mitted to the Congress under section 10136 or 10138 of this title, the Congress may obtain any comments of the Commission with respect to such notice of disapproval. The provision of such comments by the Commission shall not be con- strued as binding the Commission with respect to any licensing or authorization action con- cerning the repository involved. (Pub. L. 97–425, title I, § 115, Jan. 7, 1983, 96 Stat. 2217.) Statutory Notes and Related Subsidiaries YUCCA MOUNTAIN, NEVADA REPOSITORY SITE Pub. L. 107–200, July 23, 2002, 116 Stat. 735, provided: ‘‘That there hereby is approved the site at Yucca Mountain, Nevada, for a repository, with respect to which a notice of disapproval was submitted by the Governor of the State of Nevada on April 8, 2002.’’ § 10136. Participation of States (a) Notification of States and affected tribes The Secretary shall identify the States with one or more potentially acceptable sites for a re- pository within 90 days after January 7, 1983. Within 90 days of such identification, the Sec- retary shall notify the Governor, the State leg- islature, and the tribal council of any affected Indian tribe in any State of the potentially ac- ceptable sites within such State. For the pur- poses of this subchapter, the term ‘‘potentially acceptable site’’ means any site at which, after geologic studies and field mapping but before de- tailed geologic data gathering, the Department undertakes preliminary drilling and geophysical testing for the definition of site location. (b) State participation in repository siting deci- sions (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 Gov- ernor or legislature of such State shall be con- sidered 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 dis- approve the site designation and submit to the Congress a notice of disapproval. Such Governor or legislature may submit such a notice of dis- approval to the Congress not later than the 60 days after the date that the President rec- ommends such site to the Congress under sec- tion 10134 of this title. A notice of disapproval shall be considered to be submitted to the Con- gress on the date of the transmittal of such no- tice 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 rec- ommended repository site involved. (3) The authority of the Governor or legisla- ture of each State under this subsection shall not be applicable with respect to any site lo- cated 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 or authorized by written agree- ment entered into pursuant to section 10137(c) of this title. 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 para- graph. (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 eco- nomic, 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 assist- ance under paragraph (2); Page 7988 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10137 (iii) to engage in any monitoring, testing, or evaluation activities with respect to site char- acterization programs with regard to such site; (iv) to provide information to Nevada resi- dents 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 Sec- retary 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 re- questing such assistance. (ii) Such assistance shall be designed to miti- gate the impact on such State or affected unit of local government of the development of such re- pository 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 character- ization activities. (B) The State of Nevada and any affected unit of local government may request assistance under this subsection by preparing and submit- ting to the Secretary a report on the economic, social, public health and safety, and environ- mental 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 sub- mitted to the State a general plan for site char- acterization activities under section 10133(b) of this title. (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 pro- viding such assistance. (3)(A) In addition to financial assistance pro- vided under paragraphs (1) and (2), the Secretary shall grant to the State of Nevada and any af- fected unit of local government an amount each fiscal year equal to the amount such State or af- fected unit of local government, respectively, would receive if authorized to tax site charac- terization activities at such site, and the devel- opment and operation of such repository, as such State or affected unit of local government taxes the non-Federal real property and indus- trial 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 oper- ation 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 character- ization activities at the site in such State; (ii) the date on which the Yucca Mountain site is disapproved under section 10135 of this title; or (iii) the date on which the Commission dis- approves an application for a construction au- thorization 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 ter- minated 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 Fed- eral funds, shall be made available to such State or affected unit of local government under para- graph (1) or (2), except for— (i) such funds as may be necessary to sup- port 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 sup- port 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 sub- section 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 sub- section 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 reserva- tion is located. (Pub. L. 97–425, title I, § 116, Jan. 7, 1983, 96 Stat. 2220; Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5032(a), Dec. 22, 1987, 101 Stat. 1330–241.) Editorial Notes AMENDMENTS 1987—Subsec. (c). Pub. L. 100–202 and Pub. L. 100–203 generally amended subsec. (c) identically, substituting provisions consisting of pars. (1) to (6) for former provi- sions consisting of pars. (1) to (5). § 10137. Consultation with States and affected In- dian tribes (a) Provision of information (1) The Secretary, the Commission, and other agencies involved in the construction, oper-