Section 10136 - Participation of States(a) Notification of States and affected tribesThe Secretary shall identify the States with one or more potentially acceptable sites for a repository within 90 days after January 7, 1983. Within 90 days of such identification, the Secretary shall notify the Governor, the State legislature, and the tribal council of any affected Indian tribe in any State of the potentially acceptable sites within such State. For the purposes of this subchapter, the term "potentially acceptable site" means any site at which, after geologic studies and field mapping but before detailed geologic data gathering, the Department undertakes preliminary drilling and geophysical testing for the definition of site location.
(b) State participation in repository siting decisions(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 Governor or legislature of such State shall be considered 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 disapprove the site designation and submit to the Congress a notice of disapproval. Such Governor or legislature may submit such a notice of disapproval to the Congress not later than the 60 days after the date that the President recommends such site to the Congress under section 10134 of this title. A notice of disapproval shall be considered to be submitted to the Congress on the date of the transmittal of such notice 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 recommended repository site involved.(3) The authority of the Governor or legislature of each State under this subsection shall not be applicable with respect to any site located 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 agreement 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 paragraph.(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- (ii) to develop a request for impact assistance under paragraph (2);(iii) to engage in any monitoring, testing, or evaluation activities with respect to site characterization programs with regard to such site;(iv) to provide information to Nevada residents regarding any activities of such State, the Secretary, or the Commission with respect to such site; and(v) to request information from, and make comments and recommendations to, the Secretary regarding any activities taken under this part with respect to such site.(C) Any salary or travel expense that would ordinarily be incurred by the State of Nevada or any affected unit of local
government may not be considered eligible for funding under this paragraph.(2)(C) As soon as practicable after the Secretary has submitted such site characterization plan, the Secretary shall seek to enter into a binding agreement with the State of Nevada setting forth-(ii) the procedures to be followed in providing such assistance.(3)(B) Such grants shall continue until such time as all such activities, development, and operation are terminated at such site.(4)(A) The State of Nevada or any affected unit of local government may not receive any grant under paragraph (1) after the expiration of the 1-year period following- (ii) the date on which the Yucca Mountain
site is disapproved under section 10135 of this title; or(iii) the date on which the Commission disapproves an application for a construction authorization for a repository at such site;whichever occurs first.
(C) At the end of the 2-year period beginning on the effective date of any license to receive and possess for a repository in a State, no Federal funds, shall be made available to such State or affected
unit of local government under paragraph (1) or (2), except for- (i) such funds as may be necessary to support activities related to any other repository located in, or proposed to be located in, such State, and for which a license to receive and possess has not been in effect for more than 1 year;(ii) such funds as may be necessary to support State activities pursuant to agreements or contracts for impact assistance entered into, under paragraph (2), by such State with the Secretary during such 2-year period; and(iii) such funds as may be provided under an agreement entered into under subchapter IV.(5) Financial assistance authorized in this subsection shall be made out of amounts held in the Waste Fund.(6) No State, other than the State of Nevada, may receive financial assistance under this subsection after December 22, 1987.(d) Additional notification and consultationWhenever the Secretary is required under any provision of this chapter to notify or consult with the governing body of an affected Indian tribe where a site is located, the Secretary shall also notify or consult with, as the case may be, the Governor of the State in which such reservation is located.
Pub. L. 97-425, title I, §116, Jan. 7, 1983, 96 Stat. 2220; Pub. L. 100-202, §101(d) [title III, §300], Dec. 22, 1987, 101 Stat. 1329-104, 1329-121; Pub. L. 100-203, title V, §5032(a), Dec. 22, 1987, 101 Stat. 1330-241.EDITORIAL NOTES
AMENDMENTS1987-Subsec. (c). Pub. L. 100-202 and Pub. L. 100-203 generally amended subsec. (c) identically, substituting provisions consisting of pars. (1) to (6) for former provisions consisting of pars. (1) to (5).
- Commission
- The term "Commission" means the Nuclear Regulatory Commission.
- Department
- The term "Department" means the Department of Energy.
- Governor
- The term "Governor" means the chief executive officer of a State.
- Secretary
- The term "Secretary" means the Secretary of Energy.
- State
- The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States.
- Waste Fund
- The term "Waste Fund" means the Nuclear Waste Fund established in section 10222(c) of this title.
- Yucca Mountain site
- The term "Yucca Mountain site" means the candidate site in the State of Nevada recommended by the Secretary to the President under section 10132(b)(1)(B) of this title on May 27, 1986.
- affected Indian tribe
- The term "affected Indian tribe" means any Indian tribe-(A) within whose reservation boundaries a monitored retrievable storage facility, test and evaluation facility, or a repository for high-level radioactive waste or spent fuel is proposed to be located;(B) whose federally defined possessory or usage rights to other lands outside of the reservation's boundaries arising out of congressionally ratified treaties may be substantially and adversely affected by the locating of such a facility: Provided, That the Secretary of the Interior finds, upon the petition of the appropriate governmental officials of the tribe, that such effects are both substantial and adverse to the tribe;1
- affected unit of local government
- The term "affected unit of local government" means the unit of local government with jurisdiction over the site of a repository or a monitored retrievable storage facility. Such term may, at the discretion of the Secretary, include units of local government that are contiguous with such unit.
- repository
- The term "repository" means any system licensed by the Commission that is intended to be used for, or may be used for, the permanent deep geologic disposal of high-level radioactive waste and spent nuclear fuel, whether or not such system is designed to permit the recovery, for a limited period during initial operation, of any materials placed in such system. Such term includes both surface and subsurface areas at which high-level radioactive waste and spent nuclear fuel handling activities are conducted.
- reservation
- The term "reservation" means-(A) any Indian reservation or dependent Indian community referred to in clause (a) or (b) of section 1151 of title 18; or(B) any land selected by an Alaska Native village or regional corporation under the provisions of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
- site characterization
- The term "site characterization" means-(A) siting research activities with respect to a test and evaluation facility at a candidate site; and(B) activities, whether in the laboratory or in the field, undertaken to establish the geologic condition and the ranges of the parameters of a candidate site relevant to the location of a repository, including borings, surface excavations, excavations of exploratory shafts, limited subsurface lateral excavations and borings, and in situ testing needed to evaluate the suitability of a candidate site for the location of a repository, but not including preliminary borings and geophysical testing needed to assess whether site characterization should be undertaken.