
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC10136]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 108--NUCLEAR WASTE POLICY
 
  SUBCHAPTER I--DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE, 
           SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE WASTE
 
 Part A--Repositories for Disposal of High-Level Radioactive Waste and 
                           Spent Nuclear Fuel
 
Sec. 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 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--
        (i) to review activities taken under this part with respect to 
    the Yucca Mountain site for purposes of determining any potential 
    economic, 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 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)(A)(i) The Secretary shall provide financial and technical 
assistance to the State of Nevada, and any affected unit of local 
government requesting such assistance.
    (ii) Such assistance shall be designed to mitigate the impact on 
such State or affected unit of local government of the development of 
such repository and the characterization of such site.
    (iii) Such assistance to such State or affected unit of local 
government of such State shall commence upon the initiation of site 
characterization activities.
    (B) The State of Nevada and any affected unit of local government 
may request assistance under this subsection by preparing and submitting 
to the Secretary a report on the economic, social, public health and 
safety, and environmental impacts that are likely to result from site 
characterization activities at the Yucca Mountain site. Such report 
shall be submitted to the Secretary after the Secretary has submitted to 
the State a general plan for site characterization activities under 
section 10133(b) of this title.
    (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--
        (i) the amount of assistance to be provided under this 
    subsection to such State or affected unit of local government; and
        (ii) the procedures to be followed in providing such assistance.

    (3)(A) In addition to financial assistance provided under paragraphs 
(1) and (2), the Secretary shall grant to the State of Nevada and any 
affected unit of local government an amount each fiscal year equal to 
the amount such State or affected unit of local government, 
respectively, would receive if authorized to tax site characterization 
activities at such site, and the development and operation of such 
repository, as such State or affected unit of local government taxes the 
non-Federal real property and industrial activities occurring within 
such State or affected unit of local government.
    (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--
        (i) the date on which the Secretary notifies the Governor and 
    legislature of the State of Nevada of the termination of site 
    characterization activities at the site in such State;
        (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.
    (B) The State of Nevada or any affected unit of local government may 
not receive any further assistance under paragraph (2) with respect to a 
site if repository construction activities or site characterization 
activities at such site are terminated by the Secretary or if such 
activities are permanently enjoined by any court.
    (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 of this chapter.

    (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 consultation

    Whenever 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, Sec. 116, Jan. 7, 1983, 96 Stat. 2220; Pub. L. 
100-202, Sec. 101(d) [title III, Sec. 300], Dec. 22, 1987, 101 Stat. 
1329-104, 1329-121; Pub. L. 100-203, title V, Sec. 5032(a), Dec. 22, 
1987, 101 Stat. 1330-241.)


                               Amendments

    1987--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).

                  Section Referred to in Other Sections

    This section is referred to in sections 10121, 10134, 10135, 10137, 
10138, 10161, 10166, 10169, 10173a, 10222, 10243 of this title.
