42 U.S.C. § 10139 — Judicial review of agency actions

Page 7991 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10139 1 So in original. Probably should be designated ‘‘(5)(A)’’. 2 So in original. Probably should be followed by ‘‘or’’. 1 So in original. No subsec. (b) has been enacted. sistance to be provided to such Indian tribe under this paragraph and the procedures to be followed in providing such assistance. (4) The Secretary shall grant to each affected Indian tribe where a site for a repository is ap- proved under section 10132(c) of this title an amount each fiscal year equal to the amount such Indian tribe would receive were it author- ized to tax site characterization activities at such site, and the development and operation of such repository, as such Indian tribe taxes the other commercial activities occurring on such reservation. Such grants shall continue until such time as all such activities, development, and operation are terminated at such site. (5) 1 An affected Indian tribe may not receive any grant under paragraph (1) after the expira- tion of the 1-year period following— (i) the date on which the Secretary notifies such Indian tribe of the termination of site characterization activities at the candidate site involved on the reservation of such Indian tribe; (ii) the date on which such site is dis- approved under section 10135 of this title; (iii) the date on which the Commission dis- approves an application for a construction au- thorization for a repository at such site; 2 (iv) December 22, 1987; whichever occurs first, unless there is another candidate site on the reservation of such Indian tribe that is approved under section 10132(c) of this title and with respect to which the actions described in clauses (i), (ii), and (iii) have not been taken. (B) An affected Indian tribe may not receive any further assistance under paragraph (2) with respect to a site if repository construction ac- tivities at such site are terminated by the Sec- retary or if such activities are permanently en- joined 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 at a site on the res- ervation of an affected Indian tribe, no Federal funds shall be made available under paragraph (1) or (2) to such Indian tribe, except for— (i) such funds as may be necessary to sup- port activities of such Indian tribe related to any other repository where a license to receive and possess has not been in effect for more than 1 year; and (ii) such funds as may be necessary to sup- port activities of such Indian tribe pursuant to agreements or contracts for impact assistance entered into, under paragraph (2), by such In- dian tribe with the Secretary during such 2- year period. (6) Financial assistance authorized in this sub- section shall be made out of amounts held in the Nuclear Waste Fund established in section 10222 of this title. (Pub. L. 97–425, title I, § 118, Jan. 7, 1983, 96 Stat. 2225; Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5033, Dec. 22, 1987, 101 Stat. 1330–243.) Editorial Notes AMENDMENTS 1987—Subsec. (b)(5)(iv). Pub. L. 100–202 and Pub. L. 100–203 amended par. (5) identically, adding cl. (iv). § 10139. Judicial review of agency actions (a) Jurisdiction of United States courts of ap- peals (1) Except for review in the Supreme Court of the United States, the United States courts of appeals shall have original and exclusive juris- diction over any civil action— (A) for review of any final decision or action of the Secretary, the President, or the Com- mission under this part; (B) alleging the failure of the Secretary, the President, or the Commission to make any de- cision, or take any action, required under this part; (C) challenging the constitutionality of any decision made, or action taken, under any pro- vision of this part; (D) for review of any environmental impact statement prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any action under this part, or as required under section 10155(c)(1) of this title, or alleging a failure to prepare such statement with respect to any such action; (E) for review of any environmental assess- ment prepared under section 10132(b)(1) or 10155(c)(2) of this title; or (F) for review of any research and develop- ment activity under subchapter II. (2) The venue of any proceeding under this sec- tion shall be in the judicial circuit in which the petitioner involved resides or has its principal office, or in the United States Court of Appeals for the District of Columbia. (c) 1 Deadline for commencing action A civil action for judicial review described under subsection (a)(1) may be brought not later than the 180th day after the date of the decision or action or failure to act involved, as the case may be, except that if a party shows that he did not know of the decision or action complained of (or of the failure to act), and that a reasonable person acting under the circumstances would not have known, such party may bring a civil action not later than the 180th day after the date such party acquired actual or constructive knowledge of such decision, action, or failure to act. (Pub. L. 97–425, title I, § 119, Jan. 7, 1983, 96 Stat. 2227.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (a)(1)(D), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chap- ter 55 (§ 4321 et seq.) of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 4321 of this title and Tables. Page 7992 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10140 § 10140. Expedited authorizations (a) Issuance of authorizations (1) To the extent that the taking of any action related to the site characterization of a site or the construction or initial operation of a reposi- tory under this part requires a certificate, right- of-way, permit, lease, or other authorization from a Federal agency or officer, such agency or officer shall issue or grant any such authoriza- tion at the earliest practicable date, to the ex- tent permitted by the applicable provisions of law administered by such agency or officer. All actions of a Federal agency or officer with re- spect to consideration of applications or re- quests for the issuance or grant of any such au- thorization shall be expedited, and any such ap- plication or request shall take precedence over any similar applications or requests not related to such repositories. (2) The provisions of paragraph (1) shall not apply to any certificate, right-of-way, permit, lease, or other authorization issued or granted by, or requested from, the Commission. (b) Terms of authorizations Any authorization issued or granted pursuant to subsection (a) shall include such terms and conditions as may be required by law, and may include terms and conditions permitted by law. (Pub. L. 97–425, title I, § 120, Jan. 7, 1983, 96 Stat. 2227.) § 10141. Certain standards and criteria (a) Environmental Protection Agency standards Not later than 1 year after January 7, 1983, the Administrator, pursuant to authority under other provisions of law, shall, by rule, promul- gate generally applicable standards for protec- tion of the general environment from offsite re- leases from radioactive material in repositories. (b) Commission requirements and criteria (1)(A) Not later than January 1, 1984, the Com- mission, pursuant to authority under other pro- visions of law, shall, by rule, promulgate tech- nical requirements and criteria that it will apply, under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) and the Energy Reorganiza- tion Act of 1974 (42 U.S.C. 5801 et seq.), in ap- proving or disapproving— (i) applications for authorization to con- struct repositories; (ii) applications for licenses to receive and possess spent nuclear fuel and high-level ra- dioactive waste in such repositories; and (iii) applications for authorization for clo- sure and decommissioning of such reposi- tories. (B) Such criteria shall provide for the use of a system of multiple barriers in the design of the repository and shall include such restrictions on the retrievability of the solidified high-level ra- dioactive waste and spent fuel emplaced in the repository as the Commission deems appro- priate. (C) Such requirements and criteria shall not be inconsistent with any comparable standards promulgated by the Administrator under sub- section (a). (2) For purposes of this chapter, nothing in this section shall be construed to prohibit the Commission from promulgating requirements and criteria under paragraph (1) before the Ad- ministrator promulgates standards under sub- section (a). If the Administrator promulgates standards under subsection (a) after require- ments and criteria are promulgated by the Com- mission under paragraph (1), such requirements and criteria shall be revised by the Commission if necessary to comply with paragraph (1)(C). (c) Environmental impact statement The promulgation of standards or criteria in accordance with the provisions of this section shall not require the preparation of an environ- mental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), or to require any envi- ronmental review under subparagraph (E) or (F) of section 102(2) of such Act. (Pub. L. 97–425, title I, § 121, Jan. 7, 1983, 96 Stat. 2228.) Editorial Notes REFERENCES IN TEXT The Atomic Energy Act of 1954, referred to in subsec. (b)(1)(A), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. The Energy Reorganization Act of 1974, referred to in subsec. (b)(1)(A), is Pub. L. 93–438, Oct. 11, 1974, 88 Stat. 1233, which is classified principally to chapter 73 (§ 5801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 5801 of this title and Tables. Statutory Notes and Related Subsidiaries NUCLEAR WASTE STORAGE AND DISPOSAL AT YUCCA MOUNTAIN SITE Pub. L. 102–486, title VIII, § 801, Oct. 24, 1992, 106 Stat. 2921, provided that: ‘‘(a) ENVIRONMENTAL PROTECTION AGENCY STAND- ARDS.— ‘‘(1) PROMULGATION.—Notwithstanding the provi- sions of section 121(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10141(a)), section 161 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(b)), and any other authority of the Administrator of the Environ- mental Protection Agency to set generally applicable standards for the Yucca Mountain site, the Adminis- trator shall, based upon and consistent with the find- ings and recommendations of the National Academy of Sciences, promulgate, by rule, public health and safety standards for protection of the public from re- leases from radioactive materials stored or disposed of in the repository at the Yucca Mountain site. Such standards shall prescribe the maximum annual effec- tive dose equivalent to individual members of the public from releases to the accessible environment from radioactive materials stored or disposed of in the repository. The standards shall be promulgated not later than 1 year after the Administrator receives the findings and recommendations of the National Academy of Sciences under paragraph (2) and shall be the only such standards applicable to the Yucca Mountain site. ‘‘(2) STUDY BY NATIONAL ACADEMY OF SCIENCES.— Within 90 days after the date of the enactment of this Act [Oct. 24, 1992], the Administrator shall contract with the National Academy of Sciences to conduct a