42 U.S.C. § 10248 — Administrative powers of Negotiator

Page 8024 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10246 trievable storage facility in accordance with the laws applicable to such applications, except that the Nuclear Regulatory Commission shall issue a final decision approving or disapproving the issuance of a construction authorization not later than 3 years after the date of the submis- sion of such application. (Pub. L. 97–425, title IV, § 405, as added Pub. L. 100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5041, Dec. 22, 1987, 101 Stat. 1330–246.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. § 10246. Monitored retrievable storage (a) Construction and operation Upon enactment of legislation to implement an agreement negotiated under section 10243(a) of this title to site a monitored retrievable stor- age facility, the Secretary shall construct and operate such facility as part of an integrated nu- clear waste management system in accordance with the terms and conditions of such agree- ment. (b) Financial assistance The Secretary may make grants to any State, Indian tribe, or affected unit of local govern- ment to assess the feasibility of siting a mon- itored retrievable storage facility under this section at a site under the jurisdiction of such State, tribe, or affected unit of local govern- ment. (Pub. L. 97–425, title IV, § 406, as added Pub. L. 100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5041, Dec. 22, 1987, 101 Stat. 1330–246.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. § 10247. Environmental impact statement (a) In general Issuance of a construction authorization for a repository or monitored retrievable storage fa- cility under section 10245(b) of this title shall be considered a major Federal action significantly affecting the quality of the human environment for purposes of the National Environmental Pol- icy Act of 1969 (42 U.S.C. 4321 et seq.). (b) Preparation A final environmental impact statement shall be prepared by the Secretary under such Act and shall accompany any application to the Nuclear Regulatory Commission for a construction au- thorization. (c) Adoption (1) Any such environmental impact statement shall, to the extent practicable, be adopted by the Nuclear Regulatory Commission, in accord- ance with section 1506.3 of title 40, Code of Fed- eral Regulations, in connection with the issuance by the Nuclear Regulatory Commission of a construction authorization and license for such repository or monitored retrievable storage facility. (2)(A) In any such statement prepared with re- spect to a repository to be constructed under this subchapter at the Yucca Mountain site, the Nuclear Regulatory Commission need not con- sider the need for a repository, the time of ini- tial availability of a repository, alternate sites to the Yucca Mountain site, or nongeologic al- ternatives to such site. (B) In any such statement prepared with re- spect to a repository to be constructed under this subchapter at a site other than the Yucca Mountain site, the Nuclear Regulatory Commis- sion need not consider the need for a repository, the time of initial availability of a repository, or nongeologic alternatives to such site but shall consider the Yucca Mountain site as an al- ternate to such site in the preparation of such statement. (Pub. L. 97–425, title IV, § 407, as added Pub. L. 100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5041, Dec. 22, 1987, 101 Stat. 1330–246.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsecs. (a) and (b), 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. CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. § 10248. Administrative powers of Negotiator In carrying out his functions under this sub- chapter, the Negotiator may— (1) appoint such officers and employees as he determines to be necessary and prescribe their duties; (2) obtain services as authorized by section 3109 of title 5, at rates not to exceed the rate prescribed for grade GS–18 of the General Schedule by section 5332 of title 5; (3) promulgate such rules and regulations as may be necessary to carry out such functions; (4) utilize the services, personnel, and facili- ties of other Federal agencies (subject to the consent of the head of any such agency); (5) for purposes of performing administrative functions under this subchapter, and to the ex- tent funds are appropriated, enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary and on such terms as the Negotiator determines to be appropriate, with any agency or instrumentality of the United States, or with any public or private person or entity; (6) accept voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31; (7) adopt an official seal, which shall be judi- cially noticed; Page 8025 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10262 (8) use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States; (9) hold such hearings as are necessary to de- termine the views of interested parties and the general public; and (10) appoint advisory committees under chapter 10 of title 5. (Pub. L. 97–425, title IV, § 408, as added Pub. L. 100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5041, Dec. 22, 1987, 101 Stat. 1330–247; amended Pub. L. 117–286, § 4(a)(273), Dec. 27, 2022, 136 Stat. 4336.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. AMENDMENTS 2022—Par. (10). Pub. L. 117–286 substituted ‘‘chapter 10 of title 5.’’ for ‘‘the Federal Advisory Committee Act (5 U.S.C. App.).’’ 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. § 10249. Cooperation of other departments and agencies Each department, agency, and instrumen- tality of the United States, including any inde- pendent agency, may furnish the Negotiator such information as he determines to be nec- essary to carry out his functions under this sub- chapter. (Pub. L. 97–425, title IV, § 409, as added Pub. L. 100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5041, Dec. 22, 1987, 101 Stat. 1330–247.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. § 10250. Termination of Office The Office shall cease to exist not later than 30 days after the date 7 years after December 22, 1987. (Pub. L. 97–425, title IV, § 410, as added Pub. L. 100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5041, Dec. 22, 1987, 101 Stat. 1330–247; amended Pub. L. 102–486, title VIII, § 802(a), Oct. 24, 1992, 106 Stat. 2923.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. AMENDMENTS 1992—Pub. L. 102–486 substituted ‘‘7 years’’ for ‘‘5 years’’. § 10251. Authorization of appropriations Notwithstanding subsection (d) of section 10222 of this title, and subject to subsection (e) of such section, there are authorized to be appro- priated for expenditures from amounts in the Waste Fund established in subsection (c) of such section, such sums as may be necessary to carry out the provisions of this subchapter. (Pub. L. 97–425, title IV, § 411, as added Pub. L. 100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5041, Dec. 22, 1987, 101 Stat. 1330–248.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. SUBCHAPTER V—NUCLEAR WASTE TECHNICAL REVIEW BOARD § 10261. Definitions As used in this subchapter: (1) The term ‘‘Chairman’’ means the Chair- man of the Nuclear Waste Technical Review Board. (2) The term ‘‘Board’’ means the Nuclear Waste Technical Review Board established under section 10262 of this title. (Pub. L. 97–425, title V, § 501, as added Pub. L. 100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5051, Dec. 22, 1987, 101 Stat. 1330–248.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. § 10262. Nuclear Waste Technical Review Board (a) Establishment There is established a Nuclear Waste Tech- nical Review Board that shall be an independent establishment within the executive branch. (b) Members (1) The Board shall consist of 11 members who shall be appointed by the President not later than 90 days after December 22, 1987, from among persons nominated by the National Acad- emy of Sciences in accordance with paragraph (3). (2) The President shall designate a member of the Board to serve as chairman. (3)(A) The National Academy of Sciences shall, not later than 90 days after December 22, 1987, nominate not less than 22 persons for appoint- ment to the Board from among persons who meet the qualifications described in subpara- graph (C). (B) The National Academy of Sciences shall nominate not less than 2 persons to fill any va- cancy on the Board from among persons who meet the qualifications described in subpara- graph (C).