42 U.S.C. § 10163 — Monitored Retrievable Storage Commis-

Page 8002 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10162 1 So in original. No subsec. (b) has been enacted. the need for such facility or any alternative to the design criteria for such facility set forth in subsection (b)(1). (e) Clarification Nothing in this section limits the consider- ation of alternative facility designs consistent with the criteria of paragraph (b)(1) in any envi- ronmental impact statement, or in any licensing procedure of the Commission, with respect to any monitored, retrievable facility authorized pursuant to this section. (f) Impact assistance (1) Upon receipt by the Secretary of congres- sional authorization to construct a facility de- scribed in subsection (b), the Secretary shall commence making annual impact aid payments to appropriate units of general local government in order to mitigate any social or economic im- pacts resulting from the construction and subse- quent operation of any such facility within the jurisdictional boundaries of any such unit. (2) Payments made available to units of gen- eral local government under this subsection shall be— (A) allocated in a fair and equitable manner, with priority given to units of general local government determined by the Secretary to be most severely affected; and (B) utilized by units of general local govern- ment only for planning, construction, mainte- nance, and provision of public services related to the siting of such facility. (3) Such payments shall be subject to such terms and conditions as the Secretary deter- mines are necessary to ensure achievement of the purposes of this subsection. The Secretary shall issue such regulations as may be necessary to carry out the provisions of this subsection. (4) Such payments shall be made available en- tirely from funds held in the Nuclear Waste Fund established in section 10222(c) of this title and shall be available only to the extent pro- vided in advance in appropriation Acts. (5) The Secretary may consult with appro- priate units of general local government in ad- vance of commencement of construction of any such facility in an effort to determine the level of payments each such unit is eligible to receive under this subsection. (g) Limitation No monitored retrievable storage facility de- veloped pursuant to this section may be con- structed in any State in which there is located any site approved for site characterization under section 10132 of this title. The restriction in the preceding sentence shall only apply until such time as the Secretary decides that such candidate site is no longer a candidate site under consideration for development as a reposi- tory. Such restriction shall continue to apply to any site selected for construction as a reposi- tory. (h) Participation of States and Indian tribes Any facility authorized pursuant to this sec- tion shall be subject to the provisions of sec- tions 10135, 10136(a), 10136(b), 10136(d), 10137, and 10138 of this title. For purposes of carrying out the provisions of this subsection, any reference in sections 10135 through 10138 of this title to a repository shall be considered to refer to a mon- itored retrievable storage facility. (Pub. L. 97–425, title I, § 141, Jan. 7, 1983, 96 Stat. 2241.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (c), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of this title and Tables. § 10162. Authorization of monitored retrievable storage (a) Nullification of Oak Ridge siting proposal The proposal of the Secretary (EC–1022, 100th Congress) to locate a monitored retrievable stor- age facility at a site on the Clinch River in the Roane County portion of Oak Ridge, Tennessee, with alternative sites on the Oak Ridge Reserva- tion of the Department of Energy and on the former site of a proposed nuclear powerplant in Hartsville, Tennessee, is annulled and revoked. In carrying out the provisions of sections 10164 and 10165 of this title, the Secretary shall make no presumption or preference to such sites by reason of their previous selection. (b) Authorization The Secretary is authorized to site, construct, and operate one monitored retrievable storage facility subject to the conditions described in sections 10163 through 10169 of this title. (Pub. L. 97–425, title I, § 142, 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, § 5021, Dec. 22, 1987, 101 Stat. 1330–232.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. § 10163. Monitored Retrievable Storage Commis- sion (a) 1 Establishment (1)(A) There is established a Monitored Re- trievable Storage Review Commission (herein- after 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 Rep- resentatives. (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 excep- tionally well qualified to evaluate the need for a monitored retrievable storage facility as a part of the Nation’s nuclear waste management sys- tem. (C) The MRS Commission shall prepare a re- port on the need for a monitored retrievable Page 8003 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10164 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 advan- tages and disadvantages of bringing such a fa- cility into the national nuclear waste disposal system; (ii) obtain comment and available data on monitored retrievable storage from affected parties, including States containing poten- tially acceptable sites; (iii) evaluate the utility of a monitored re- trievable storage facility from a technical per- spective; 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 pack- aging and handling of spent nuclear fuel, im- proving the flexibility of the repository devel- opment schedule, and providing temporary storage of spent nuclear fuel accepted for dis- posal. (2) In preparing the report and making its rec- ommendation under paragraph (1) the MRS Commission shall compare such a facility to the alternative of at-reactor storage of spent nu- clear fuel prior to disposal of such fuel in a re- pository under this chapter. Such comparison shall take into consideration the impact on— (A) repository design and construction; (B) waste package design, fabrication and standardization; (C) waste preparation; (D) waste transportation systems; (E) the reliability of the national system for the disposal of radioactive waste; (F) the ability of the Secretary to fulfill con- tractual commitments of the Department under this chapter to accept spent nuclear fuel for disposal; and (G) economic factors, including the impact on the costs likely to be imposed on rate- payers of the Nation’s electric utilities for temporary at-reactor storage of spent nuclear fuel prior to final disposal in a repository, as well as the costs likely to be imposed on rate- payers of the Nation’s electric utilities in building and operating such a facility. (3) The report under this subsection, together with the recommendation of the MRS Commis- sion, shall be transmitted to Congress on No- vember 1, 1989. (4)(A)(i) Each member of the MRS Commission shall be paid at the rate provided for level III of the Executive Schedule for each day (including travel time) such member is engaged in the work of the MRS Commission, and shall receive travel expenses, including per diem in lieu of subsistence in the same manner as is permitted under sections 5702 and 5703 of title 5. (ii) The MRS Commission may appoint and fix compensation, not to exceed the rate of basic pay payable for GS–18 of the General Schedule, for such staff as may be necessary to carry out its functions. (B)(i) The MRS Commission may hold hear- ings, sit and act at such times and places, take such testimony and receive such evidence as the MRS Commission considers appropriate. Any member of the MRS Commission may admin- ister oaths or affirmations to witnesses appear- ing before the MRS Commission. (ii) The MRS Commission may request any Ex- ecutive agency, including the Department, to furnish such assistance or information, includ- ing records, data, files, or documents, as the Commission considers necessary to carry out its functions. Unless prohibited by law, such agency shall promptly furnish such assistance or infor- mation. (iii) To the extent permitted by law, the Ad- ministrator of the General Services Administra- tion shall, upon request of the MRS Commis- sion, provide the MRS Commission with nec- essary administrative services, facilities, and support on a reimbursable basis. (iv) The MRS Commission may procure tem- porary and intermittent services from experts and consultants to the same extent as is author- ized by section 3109(b) of title 5 at rates and under such rules as the MRS Commission con- siders reasonable. (C) The MRS Commission shall cease to exist 60 days after the submission to Congress of the report required under this subsection. (Pub. L. 97–425, title I, § 143, 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, § 5021, Dec. 22, 1987, 101 Stat. 1330–232; amended Pub. L. 100–507, § 2, Oct. 18, 1988, 102 Stat. 2541.) Editorial Notes REFERENCES IN TEXT Level III of the Executive Schedule, referred to in subsec. (a)(4)(A)(i), is set out in section 5314 of Title 5, Government Organization and Employees. CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. AMENDMENTS 1988—Subsec. (a)(3). Pub. L. 100–507 amended par. (3) generally. Prior to amendment, par. (3) read as follows: ‘‘The report under this subsection, together with the recommendation of the MRS Commission, shall be transmitted to Congress on June 1, 1989.’’ Statutory Notes and Related Subsidiaries REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 10164. Survey After the MRS Commission submits its report to the Congress under section 10163 of this title, the Secretary may conduct a survey and evalua- tion of potentially suitable sites for a monitored retrievable storage facility. In conducting such