42 U.S.C. § 10173b — Review Panel

Page 8008 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10173b 1 So in original. under paragraph (1)(C) shall be made on the an- niversary date of such first spent fuel receipt. (4) If the first spent fuel payment under para- graph (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 be- fore 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 al- location of such portion among such govern- ments shall be included in the benefits agree- ment under section 10173 of this title 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 shall provide that— (1) a Review Panel be established in accord- ance with section 10173b of this title; (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 mon- itored retrievable storage facility, as it be- comes available; (4) the State or Indian tribe that is party to such agreement participate in the design of the repository or monitored retrievable stor- age facility and in the preparation of docu- ments required under law or regulation gov- erning 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 shall constitute a commitment by the United States to make payments in accordance with such agreement. (Pub. L. 97–425, title I, § 171, 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. § 10173b. Review Panel (a) In general The Review Panel required to be established by section 10173a(b)(1) of this title shall consist of a Chairman selected by the Secretary in con- sultation with the Governor of the State or gov- erning body of the Indian tribe, as appropriate, that is party to such agreement and 6 other members as follows: (1) 2 members selected by the Governor of such State or governing body of such Indian tribe; (2) 2 members selected by units of local gov- ernment affected by the repository or mon- itored retrievable storage facility; (3) 1 member to represent persons making payments into the Waste Fund, to be selected by the Secretary; and (4) 1 member to represent other public inter- ests, to be selected by the Secretary. (b) Terms (1) The members of the Review Panel shall serve for terms of 4 years each. (2) Members of the Review Panel who are not full-time employees of the Federal Government, shall receive a per diem compensation for each day spent conducting work of the Review Panel, including their necessary travel or other ex- penses while engaged in the work of the Review Panel. (3) Expenses of the Panel shall be paid by the Secretary from the Waste Fund. (c) Duties The Review Panel shall— (1) advise the Secretary on matters relating to the proposed repository or monitored re- trievable storage facility, including issues re- lating to design, construction, operation, and decommissioning of the facility; (2) evaluate performance of the repository or monitored retrievable storage facility, as it considers appropriate; (3) recommend corrective actions to the Sec- retary; (4) assist in the presentation of State or af- fected Indian tribe and local perspectives to the Secretary; and (5) participate in the planning for and the re- view of preoperational data on environmental, demographic, and socioeconomic conditions of the site and the local community. (d) Information The Secretary shall promptly 1 make available promptly 1 any information in the Secretary’s possession requested by the Panel or its Chair- man. (e) Chapter 10 of title 5 The requirements of chapter 10 of title 5 shall not apply to a Review Panel established under this subchapter. Page 8009 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10174a 1 So in original. The word ‘‘this’’ probably should not appear. (Pub. L. 97–425, title I, § 172, 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. 1330–239; amended Pub. L. 117–286, § 4(a)(272), Dec. 27, 2022, 136 Stat. 4335.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. AMENDMENTS 2022—Subsec. (e). Pub. L. 117–286 substituted ‘‘Chapter 10 of title 5’’ for ‘‘Federal Advisory Committee Act’’ in heading and ‘‘chapter 10 of title 5’’ for ‘‘the Federal Ad- visory Committee Act’’ in text. § 10173c. Termination (a) In general The Secretary may terminate a benefits agree- ment under this subchapter if— (1) the site under consideration is disquali- fied for its failure to comply with guidelines and technical requirements established by the Secretary in accordance with this chapter; or (2) the Secretary determines that the Com- mission cannot license the facility within a reasonable time. (b) Termination by State or Indian tribe A State or Indian tribe may terminate a bene- fits agreement under this subchapter only if the Secretary disqualifies the site under consider- ation for its failure to comply with technical re- quirements established by the Secretary in ac- cordance with this chapter or the Secretary de- termines that the Commission cannot license the facility within a reasonable time. (c) Decisions of Secretary Decisions of the Secretary under this section shall be in writing, shall be available to Con- gress and the public, and are not subject to judi- cial review. (Pub. L. 97–425, title I, § 173, 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. 1330–240.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. PART G—OTHER BENEFITS § 10174. Consideration in siting facilities The Secretary, in siting Federal research projects, shall give special consideration to pro- posals from States where a repository is located. (Pub. L. 97–425, title I, § 174, 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. 1330–240.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. § 10174a. Report (a) In general Within one year of December 22, 1987, the Sec- retary shall report to Congress on the potential impacts of locating a repository at the Yucca Mountain site, including the recommendations of the Secretary for mitigation of such impacts and a statement of which impacts should be dealt with by the Federal Government, which should be dealt with by the State with State re- sources, including the benefits payments under section 10173a of this title, and which should be a joint Federal-State responsibility. The report under this subsection shall include the analysis of the Secretary of the authorities available to mitigate these impacts and the appropriate sources of funds for such mitigation. (b) Impacts to be considered Potential impacts to be addressed in the re- port under this 1 subsection (a) shall include im- pacts on— (1) education, including facilities and per- sonnel for elementary and secondary schools, community colleges, vocational and technical schools and universities; (2) public health, including the facilities and personnel for treatment and distribution of water, the treatment of sewage, the control of pests and the disposal of solid waste; (3) law enforcement, including facilities and personnel for the courts, police and sheriff’s departments, district attorneys and public de- fenders and prisons; (4) fire protection, including personnel, the construction of fire stations, and the acquisi- tion of equipment; (5) medical care, including emergency serv- ices and hospitals; (6) cultural and recreational needs, including facilities and personnel for libraries and muse- ums and the acquisition and expansion of parks; (7) distribution of public lands to allow for the timely expansion of existing, or creation of new, communities and the construction of necessary residential and commercial facili- ties; (8) vocational training and employment services; (9) social services, including public assist- ance programs, vocational and physical reha- bilitation programs, mental health services, and programs relating to the abuse of alcohol and controlled substances; (10) transportation, including any roads, ter- minals, airports, bridges, or railways associ- ated with the facility and the repair and main- tenance of roads, terminals, airports, bridges, or railways damaged as a result of the con- struction, operation, and closure of the facil- ity; (11) equipment and training for State and local personnel in the management of acci- dents involving high-level radioactive waste; (12) availability of energy; (13) tourism and economic development, in- cluding the potential loss of revenue and fu- ture economic growth; and