42 U.S.C. § 10173b

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 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 consultation with the Governor of the State or governing 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 government affected by the repository or monitored 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 interests, 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 expenses 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 retrievable storage facility, including issues relating 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 Secretary;
(4) assist in the presentation of State or affected Indian tribe and local perspectives to the Secretary; and
(5) participate in the planning for and the review of preoperational data on environmental, demographic, and socioeconomic conditions of the site and the local community.
(d) Information

The Secretary shall promptly1 make available promptly1 any information in the Secretary's possession requested by the Panel or its Chairman.

(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.

1So in original.

42 U.S.C. § 10173b

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.

AMENDMENTS2022-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 Advisory Committee Act" in text.

Advisory Committee
The term "Advisory Committee" means the Green Building Advisory Committee established under section 484.1
Governor
The term "Governor" means the chief executive officer of a State.
Indian tribe
The term "Indian tribe" means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the Secretary of the Interior because of their status as Indians, including any Alaska Native village, as defined in section 3(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(c)).
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.
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
monitored retrievable storage facility
The term "monitored retrievable storage facility" means the storage facility described in section 10161(b)(1) of this title.1So in original. The semicolon probably should be a period.2See References in Text note below.
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.