42 U.S.C. § 10167 — Benefits agreement

Page 8005 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10169 1 So in original. Section 10135(d) of this title does not relate to Commission issuance of license. except as provided under section 10135(c) of this title. (b) References For purposes of carrying out the provisions of this subsection,1 references in section 10135(c) of this title to a repository shall be considered to refer to a monitored retrievable storage facility and references to a notice of disapproval of a re- pository site designation under section 10136(b) or 10138(a) of this title shall be considered to refer to a notice of disapproval under this sec- tion. (Pub. L. 97–425, title I, § 146, 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, § 5021, Dec. 22, 1987, 101 Stat. 1330–235.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. § 10167. Benefits agreement Once selection of a site for a monitored re- trievable storage facility is made by the Sec- retary under section 10165 of this title, the In- dian tribe on whose reservation the site is lo- cated, or, in the case that the site is not located on a reservation, the State in which the site is located, shall be eligible to enter into a benefits agreement with the Secretary under section 10173 of this title. (Pub. L. 97–425, title I, § 147, 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, § 5021, Dec. 22, 1987, 101 Stat. 1330–235.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. § 10168. Construction authorization (a) Environmental impact statement (1) Once the selection of a site is effective under section 10166 of this title, the require- ments of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply with respect to construction of a monitored re- trievable storage facility, except that any envi- ronmental impact statement prepared with re- spect to such facility shall not be required to consider the need for such facility or any alter- native to the design criteria for such facility set forth in section 10161(b)(1) of this title. (2) Nothing in this section shall be construed to limit the consideration of alternative facility designs consistent with the criteria described in section 10161(b)(1) of this title in any environ- mental impact statement, or in any licensing procedure of the Commission, with respect to any monitored retrievable storage facility au- thorized under section 10162(b) of this title. (b) Application for construction license Once the selection of a site for a monitored re- trievable storage facility is effective under sec- tion 10166 of this title, the Secretary may sub- mit an application to the Commission for a li- cense to construct such a facility as part of an integrated nuclear waste management system and in accordance with the provisions of this section and applicable agreements under this chapter affecting such facility. (c) Licensing Any monitored retrievable storage facility au- thorized pursuant to section 10162(b) of this title shall be subject to licensing under section 5842(3) of this title. In reviewing the application filed by the Secretary for licensing of such facility, the Commission may not consider the need for such facility or any alternative to the design criteria for such facility set forth in section 10161(b)(1) of this title. (d) Licensing conditions Any license issued by the Commission for a monitored retrievable storage facility under this section shall provide that— (1) construction of such facility may not begin until the Commission has issued a li- cense for the construction of a repository under section 10135(d) 1 of this title; (2) construction of such facility or accept- ance of spent nuclear fuel or high-level radio- active waste shall be prohibited during such time as the repository license is revoked by the Commission or construction of the reposi- tory ceases; (3) the quantity of spent nuclear fuel or high-level radioactive waste at the site of such facility at any one time may not exceed 10,000 metric tons of heavy metal until a repository under this chapter first accepts spent nuclear fuel or solidified high-level radioactive waste; and (4) the quantity of spent nuclear fuel or high-level radioactive waste at the site of such facility at any one time may not exceed 15,000 metric tons of heavy metal. (Pub. L. 97–425, title I, § 148, 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, § 5021, Dec. 22, 1987, 101 Stat. 1330–235.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (a)(1), 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. § 10169. Financial assistance The provisions of section 10136(c) or 10138(b) of this title with respect to grants, technical as- sistance, and other financial assistance shall apply to the State, to affected Indian tribes and to affected units of local government in the case