42 U.S.C. § 10173a — Content of agreements

Page 8007 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10173a manner funding for all research programs in ex- istence on December 22, 1987, designed to evalu- ate the suitability of crystalline rock as a po- tential repository host medium. (d) Additional siting criteria In the event that the Secretary at any time after December 22, 1987, considers any sites in crystalline rock for characterization or selec- tion as a repository, the Secretary shall con- sider (as a supplement to the siting guidelines under section 10132 of this title) such potentially disqualifying factors as— (1) seasonal increases in population; (2) proximity to public drinking water sup- plies, including those of metropolitan areas; and (3) the impact that characterization or siting decisions would have on lands owned or placed in trust by the United States for Indian tribes. (Pub. L. 97–425, title I, § 161, 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, § 5012, Dec. 22, 1987, 101 Stat. 1330–231.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. PART F—BENEFITS § 10173. Benefits agreements (a) In general (1) The Secretary may enter into a benefits agreement with the State of Nevada concerning a repository or with a State or an Indian tribe concerning a monitored retrievable storage fa- cility for the acceptance of high-level radio- active waste or spent nuclear fuel in that State or on the reservation of that tribe, as appro- priate. (2) The State or Indian tribe may enter into such an agreement only if the State Attorney General or the appropriate governing authority of the Indian tribe or the Secretary of the Inte- rior, in the absence of an appropriate governing authority, as appropriate, certifies to the satis- faction of the Secretary that the laws of the State or Indian tribe provide adequate authority for that entity to enter into the benefits agree- ment. (3) Any benefits agreement with a State under this section shall be negotiated in consultation with affected units of local government in such State. (4) Benefits and payments under this part may be made available only in accordance with a benefits agreement under this section. (b) Amendment A benefits agreement entered into under sub- section (a) may be amended only by the mutual consent of the parties to the agreement and ter- minated only in accordance with section 10173c of this title. (c) Agreement with Nevada The Secretary shall offer to enter into a bene- fits agreement with the Governor of Nevada. Any benefits agreement with a State under this subsection shall be negotiated in consultation with any affected units of local government in such State. (d) Monitored retrievable storage The Secretary shall offer to enter into a bene- fits agreement relating to a monitored retriev- able storage facility with the governing body of the Indian tribe on whose reservation the site for such facility is located, or, if the site is not located on a reservation, with the Governor of the State in which the site is located and in con- sultation with affected units of local govern- ment in such State. (e) Limitation Only one benefits agreement for a repository and only one benefits agreement for a monitored retrievable storage facility may be in effect at any one time. (f) Judicial review Decisions of the Secretary under this section are not subject to judicial review. (Pub. L. 97–425, title I, § 170, 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. § 10173a. Content of agreements (a) In general (1) In addition to the benefits to which a State, an affected unit of local government or Indian tribe is entitled under this subchapter, the Secretary shall make payments to a State or Indian tribe that is a party to a benefits agreement under section 10173 of this title in ac- cordance with the following schedule: BENEFITS SCHEDULE (amounts in $ millions) Event MRS Repository (A) Annual payments prior to first spent fuel receipt ....................... 5 10 (B) Upon first spent fuel receipt ... 10 20 (C) Annual payments after first spent fuel receipt until closure of the facility ............................. 10 20 (2) For purposes of this section, the term— (A) ‘‘MRS’’ means a monitored retrievable storage facility, (B) ‘‘spent fuel’’ means high-level radio- active waste or spent nuclear fuel, and (C) ‘‘first spent fuel receipt’’ does not in- clude receipt of spent fuel or high-level radio- active waste for purposes of testing or oper- ational demonstration. (3) Annual payments prior to first spent fuel receipt under paragraph (1)(A) shall be made on the date of execution of the benefits agreement and thereafter on the anniversary date of such execution. Annual payments after the first spent fuel receipt until closure of the facility 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.