42 U.S.C. § 10173c — Termination

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