42 U.S.C. § 10135 — Review of repository site selection

Page 7985 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10135 such site is located, or under section 10138(b)(3)(B) of this title by the affected Indian tribe where such site is located, as the case may be’’. Subsec. (a)(2). Pub. L. 100–202 and Pub. L. 100–203, § 5011(h)(2), amended subsec. (a) identically, adding par. (2) and striking out former par. (2) which required sub- mission of recommendation of one site for repository not later than Mar. 31, 1987, and recommendation of second site not later than Mar. 31, 1990, and permitted subsequent recommendations for other sites and exten- sion of deadlines. Subsec. (a)(3), (4). Pub. L. 100–202 and Pub. L. 100–203, § 5011(h)(2), (3), amended subsec. (a) identically, redesig- nating par. (4) as (3), in subpar. (A), substituting ‘‘the Yucca Mountain site’’ for ‘‘any site under this sub- section’’ and ‘‘statement’’ for ‘‘report’’, and striking out former par. (3) which read as follows: ‘‘If approval of any such site recommendation does not take effect as a result of a disapproval by the Governor or legisla- ture of a State under section 10136 of this title or the governing body of an affected Indian tribe under sec- tion 10138 of this title, the President shall submit to the Congress, not later than 1 year after the dis- approval of such recommendation, a recommendation of another site for the first or subsequent repository.’’ Subsec. (b). Pub. L. 100–202 and Pub. L. 100–203, § 5011(i), amended subsec. (b) identically, substituting ‘‘the Yucca Mountain site’’ for ‘‘a site for a repository’’ and ‘‘State of Nevada’’ for ‘‘State in which such site is located, or the governing body of the affected Indian tribe where such site is located, as the case may be,’’. Subsec. (d). Pub. L. 100–202 and Pub. L. 100–203, § 5011(j), amended subsec. (d) identically, substituting ‘‘than the expiration’’ for ‘‘than— (1) January 1, 1989, for the first such application, and January 1, 1992 for the second such application; or (2) the expiration’’ and ‘‘subsection (e)(2)’’ for ‘‘subsection (e)(2); whichever oc- curs later’’. Subsec. (e)(1). Pub. L. 100–202 and Pub. L. 100–203, § 5011(k), amended par. (1) identically, substituting ‘‘op- eration of the repository’’ for ‘‘operation of the reposi- tory involved’’. Subsec. (f). Pub. L. 100–202 and Pub. L. 100–203, § 5011(l), generally amended subsec. (f) identically, sub- stituting provisions consisting of pars. (1) to (6) for former provisions consisting of single unnumbered par. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under subsec. (c) of this section is listed as the 17th item on page 186), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. VIABILITY ASSESSMENT OF YUCCA MOUNTAIN SITE Pub. L. 104–206, title III, Sept. 30, 1996, 110 Stat. 2995, provided in part: ‘‘That no later than September 30, 1998, the Secretary shall provide to the President and to the Congress a viability assessment of the Yucca Mountain site. The viability assessment shall include: ‘‘(1) the preliminary design concept for the critical elements for the repository and waste package; ‘‘(2) a total system performance assessment, based upon the design concept and the scientific data and analysis available by September 30, 1998, describing the probable behavior of the repository in the Yucca Mountain geological setting relative to the overall system performance standards; ‘‘(3) a plan and cost estimate for the remaining work required to complete a license application; and ‘‘(4) an estimate of the costs to construct and oper- ate the repository in accordance with the design con- cept.’’ § 10135. Review of repository site selection (a) ‘‘Resolution of repository siting approval’’ de- fined For purposes of this section, the term ‘‘resolu- tion of repository siting approval’’ means a joint resolution of the Congress, the matter after the resolving clause of which is as follows: ‘‘That there hereby is approved the site at .......... for a repository, with respect to which a notice of dis- approval was submitted by .......... on ...........’’. The first blank space in such resolution shall be filled with the name of the geographic location of the proposed site of the repository to which such resolution pertains; the second blank space in such resolution shall be filled with the des- ignation of the State Governor and legislature or Indian tribe governing body submitting the notice of disapproval to which such resolution pertains; and the last blank space in such reso- lution shall be filled with the date of such sub- mission. (b) State or Indian tribe petitions The designation of a site as suitable for appli- cation for a construction authorization for a re- pository shall be effective at the end of the 60- day period beginning on the date that the Presi- dent recommends such site to the Congress under section 10134 of this title, unless the Gov- ernor and legislature of the State in which such site is located, or the governing body of an In- dian tribe on whose reservation such site is lo- cated, as the case may be, has submitted to the Congress a notice of disapproval under section 10136 or 10138 of this title. If any such notice of disapproval has been submitted, the designation of such site shall not be effective except as pro- vided under subsection (c). (c) Congressional review of petitions If any notice of disapproval of a repository site designation has been submitted to the Con- gress under section 10136 or 10138 of this title after a recommendation for approval of such site is made by the President under section 10134 of this title, such site shall be disapproved unless, during the first period of 90 calendar days of continuous session of the Congress after the date of the receipt by the Congress of such no- tice of disapproval, the Congress passes a resolu- tion of repository siting approval in accordance with this subsection approving such site, and such resolution thereafter becomes law. (d) Procedures applicable to Senate (1) The provisions of this subsection are en- acted by the Congress— (A) as an exercise of the rulemaking power of the Senate, and as such they are deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be fol- lowed in the Senate in the case of resolutions of repository siting approval, and such provi- sions supersede other rules of the Senate only to the extent that they are inconsistent with such other rules; and (B) with full recognition of the constitu- tional right of the Senate to change the rules (so far as relating to the procedure of the Sen- ate) at any time, in the same manner and to the same extent as in the case of any other rule of the Senate. Page 7986 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10135 1 So in original. Probably should be ‘‘subsection’’. (2)(A) Not later than the first day of session following the day on which any notice of dis- approval of a repository site selection is sub- mitted to the Congress under section 10136 or 10138 of this title, a resolution of repository siting approval shall be introduced (by request) in the Senate by the chairman of the committee to which such notice of disapproval is referred, or by a Member or Members of the Senate des- ignated by such chairman. (B) Upon introduction, a resolution of reposi- tory siting approval shall be referred to the ap- propriate committee or committees of the Sen- ate by the President of the Senate, and all such resolutions with respect to the same repository site shall be referred to the same committee or committees. Upon the expiration of 60 calendar days of continuous session after the introduc- tion of the first resolution of repository siting approval with respect to any site, each com- mittee to which such resolution was referred shall make its recommendations to the Senate. (3) If any committee to which is referred a res- olution of siting approval introduced under paragraph (2)(A), or, in the absence of such a resolution, any other resolution of siting ap- proval introduced with respect to the site in- volved, has not reported such resolution at the end of 60 days of continuous session of Congress after introduction of such resolution, such com- mittee shall be deemed to be discharged from further consideration of such resolution, and such resolution shall be placed on the appro- priate calendar of the Senate. (4)(A) When each committee to which a resolu- tion of siting approval has been referred has re- ported, or has been deemed to be discharged from further consideration of, a resolution de- scribed in paragraph (3), it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) for any Member of the Senate to move to pro- ceed to the consideration of such resolution. Such motion shall be highly privileged and shall not be debatable. Such motion shall not be sub- ject to amendment, to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which such motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of such resolution is agreed to, such resolution shall remain the unfinished business of the Senate until disposed of. (B) Debate on a resolution of siting approval, and on all debatable motions and appeals in con- nection with such resolution, shall be limited to not more than 10 hours, which shall be divided equally between Members favoring and Members opposing such resolution. A motion further to limit debate shall be in order and shall not be debatable. Such motion shall not be subject to amendment, to a motion to postpone, or to a motion to proceed to the consideration of other business, and a motion to recommit such resolu- tion shall not be in order. A motion to recon- sider the vote by which such resolution is agreed to or disagreed to shall not be in order. (C) Immediately following the conclusion of the debate on a resolution of siting approval, and a single quorum call at the conclusion of such debate if requested in accordance with the rules of the Senate, the vote on final approval of such resolution shall occur. (D) Appeals from the decisions of the Chair re- lating to the application of the rules of the Sen- ate to the procedure relating to a resolution of siting approval shall be decided without debate. (5) If the Senate receives from the House a res- olution of repository siting approval with re- spect to any site, then the following procedure shall apply: (A) The resolution of the House with respect to such site shall not be referred to a com- mittee. (B) With respect to the resolution of the Senate with respect to such site— (i) the procedure with respect to that or other resolutions of the Senate with respect to such site shall be the same as if no resolu- tion from the House with respect to such site had been received; but (ii) on any vote on final passage of a reso- lution of the Senate with respect to such site, a resolution from the House with re- spect to such site where the text is identical shall be automatically substituted for the resolution of the Senate. (e) Procedures applicable to House of Represent- atives (1) The provisions of this section 1 are enacted by the Congress— (A) as an exercise of the rulemaking power of the House of Representatives, and as such they are deemed a part of the rules of the House, but applicable only with respect to the procedure to be followed in the House in the case of resolutions of repository siting ap- proval, and such provisions supersede other rules of the House only to the extent that they are inconsistent with such other rules; and (B) with full recognition of the constitu- tional right of the House to change the rules (so far as relating to the procedure of the House) at any time, in the same manner and to the same extent as in the case of any other rule of the House. (2) Resolutions of repository siting approval shall upon introduction, be immediately re- ferred by the Speaker of the House to the appro- priate committee or committees of the House. Any such resolution received from the Senate shall be held at the Speaker’s table. (3) Upon the expiration of 60 days of contin- uous session after the introduction of the first resolution of repository siting approval with re- spect to any site, each committee to which such resolution was referred shall be discharged from further consideration of such resolution, and such resolution shall be referred to the appro- priate calendar, unless such resolution or an identical resolution was previously reported by each committee to which it was referred. (4) It shall be in order for the Speaker to rec- ognize a Member favoring a resolution to call up a resolution of repository siting approval after it has been on the appropriate calendar for 5 leg- islative days. When any such resolution is called up, the House shall proceed to its immediate consideration and the Speaker shall recognize Page 7987 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10136 the Member calling up such resolution and a Member opposed to such resolution for 2 hours of debate in the House, to be equally divided and controlled by such Members. When such time has expired, the previous question shall be con- sidered as ordered on the resolution to adoption without intervening motion. No amendment to any such resolution shall be in order, nor shall it be in order to move to reconsider the vote by which such resolution is agreed to or disagreed to. (5) If the House receives from the Senate a res- olution of repository siting approval with re- spect to any site, then the following procedure shall apply: (A) The resolution of the Senate with re- spect to such site shall not be referred to a committee. (B) With respect to the resolution of the House with respect to such site— (i) the procedure with respect to that or other resolutions of the House with respect to such site shall be the same as if no resolu- tion from the Senate with respect to such site had been received; but (ii) on any vote on final passage of a reso- lution of the House with respect to such site, a resolution from the Senate with respect to such site where the text is identical shall be automatically substituted for the resolution of the House. (f) Computation of days For purposes of this section— (1) continuity of session of Congress is bro- ken only by an adjournment sine die; and (2) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of the 90-day period referred to in subsection (c) and the 60-day period re- ferred to in subsections (d) and (e). (g) Information provided to Congress In considering any notice of disapproval sub- mitted to the Congress under section 10136 or 10138 of this title, the Congress may obtain any comments of the Commission with respect to such notice of disapproval. The provision of such comments by the Commission shall not be con- strued as binding the Commission with respect to any licensing or authorization action con- cerning the repository involved. (Pub. L. 97–425, title I, § 115, Jan. 7, 1983, 96 Stat. 2217.) Statutory Notes and Related Subsidiaries YUCCA MOUNTAIN, NEVADA REPOSITORY SITE Pub. L. 107–200, July 23, 2002, 116 Stat. 735, provided: ‘‘That there hereby is approved the site at Yucca Mountain, Nevada, for a repository, with respect to which a notice of disapproval was submitted by the Governor of the State of Nevada on April 8, 2002.’’ § 10136. Participation of States (a) Notification of States and affected tribes The Secretary shall identify the States with one or more potentially acceptable sites for a re- pository within 90 days after January 7, 1983. Within 90 days of such identification, the Sec- retary shall notify the Governor, the State leg- islature, and the tribal council of any affected Indian tribe in any State of the potentially ac- ceptable sites within such State. For the pur- poses of this subchapter, the term ‘‘potentially acceptable site’’ means any site at which, after geologic studies and field mapping but before de- tailed geologic data gathering, the Department undertakes preliminary drilling and geophysical testing for the definition of site location. (b) State participation in repository siting deci- sions (1) Unless otherwise provided by State law, the Governor or legislature of each State shall have authority to submit a notice of disapproval to the Congress under paragraph (2). In any case in which State law provides for submission of any such notice of disapproval by any other person or entity, any reference in this part to the Gov- ernor or legislature of such State shall be con- sidered to refer instead to such other person or entity. (2) Upon the submission by the President to the Congress of a recommendation of a site for a repository, the Governor or legislature of the State in which such site is located may dis- approve the site designation and submit to the Congress a notice of disapproval. Such Governor or legislature may submit such a notice of dis- approval to the Congress not later than the 60 days after the date that the President rec- ommends such site to the Congress under sec- tion 10134 of this title. A notice of disapproval shall be considered to be submitted to the Con- gress on the date of the transmittal of such no- tice of disapproval to the Speaker of the House and the President pro tempore of the Senate. Such notice of disapproval shall be accompanied by a statement of reasons explaining why such Governor or legislature disapproved the rec- ommended repository site involved. (3) The authority of the Governor or legisla- ture of each State under this subsection shall not be applicable with respect to any site lo- cated on a reservation. (c) Financial assistance (1)(A) The Secretary shall make grants to the State of Nevada and any affected unit of local government for the purpose of participating in activities required by this section and section 10137 of this title or authorized by written agree- ment entered into pursuant to section 10137(c) of this title. Any salary or travel expense that would ordinarily be incurred by such State or affected unit of local government, may not be considered eligible for funding under this para- graph. (B) The Secretary shall make grants to the State of Nevada and any affected unit of local government for purposes of enabling such State or affected unit of local government— (i) to review activities taken under this part with respect to the Yucca Mountain site for purposes of determining any potential eco- nomic, social, public health and safety, and environmental impacts of a repository on such State, or affected unit of local government and its residents; (ii) to develop a request for impact assist- ance under paragraph (2);