
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: 42USC10137]

 
                 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. 10137. Consultation with States and affected Indian tribes


(a) Provision of information

    (1) The Secretary, the Commission, and other agencies involved in 
the construction, operation, or regulation of any aspect of a repository 
in a State shall provide to the Governor and legislature of such State, 
and to the governing body of any affected Indian tribe, timely and 
complete information regarding determinations or plans made with respect 
to the site characterization siting, development, design, licensing, 
construction, operation, regulation, or decommissioning of such 
repository.
    (2) Upon written request for such information by the Governor or 
legislature of such State, or by the governing body of any affected 
Indian tribe, as the case may be, the Secretary shall provide a written 
response to such request within 30 days of the receipt of such request. 
Such response shall provide the information requested or, in the 
alternative, the reasons why the information cannot be so provided. If 
the Secretary fails to so respond within such 30 days, the Governor or 
legislature of such State, or the governing body of any affected Indian 
tribe, as the case may be, may transmit a formal written objection to 
such failure to respond to the President. If the President or Secretary 
fails to respond to such written request within 30 days of the receipt 
by the President of such formal written objection, the Secretary shall 
immediately suspend all activities in such State authorized by this 
part, and shall not renew such activities until the Governor or 
legislature of such State, or the governing body of any affected Indian 
tribe, as the case may be, has received the written response to such 
written request required by this subsection.

(b) Consultation and cooperation

    In performing any study of an area within a State for the purpose of 
determining the suitability of such area for a repository pursuant to 
section 10132(c) of this title, and in subsequently developing and 
loading \1\ any repository within such State, the Secretary shall 
consult and cooperate with the Governor and legislature of such State 
and the governing body of any affected Indian tribe in an effort to 
resolve the concerns of such State and any affected Indian tribe 
regarding the public health and safety, environmental, and economic 
impacts of any such repository. In carrying out his duties under this 
part, the Secretary shall take such concerns into account to the maximum 
extent feasible and as specified in written agreements entered into 
under subsection (c) of this section.
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    \1\ So in original. Probably should be ``locating''.
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(c) Written agreement

    Not later than 60 days after (1) the approval of a site for site 
characterization for such a repository under section 10132(c) of this 
title, or (2) the written request of the State or Indian tribe in any 
affected State notified under section 10136(a) of this title to the 
Secretary, whichever,\2\ first occurs, the Secretary shall seek to enter 
into a binding written agreement, and shall begin negotiations, with 
such State and, where appropriate, to enter into a separate binding 
agreement with the governing body of any affected Indian tribe, setting 
forth (but not limited to) the procedures under which the requirements 
of subsections (a) and (b) of this section, and the provisions of such 
written agreement, shall be carried out. Any such written agreement 
shall not affect the authority of the Commission under existing law. 
Each such written agreement shall, to the maximum extent feasible, be 
completed not later than 6 months after such notification. Such written 
agreement shall specify procedures--
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    \2\ So in original. The comma probably should not appear.
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        (1) by which such State or governing body of an affected Indian 
    tribe, as the case may be, may study, determine, comment on, and 
    make recommendations with regard to the possible public health and 
    safety, environmental, social, and economic impacts of any such 
    repository;
        (2) by which the Secretary shall consider and respond to 
    comments and recommendations made by such State or governing body of 
    an affected Indian tribe, including the period in which the 
    Secretary shall so respond;
        (3) by which the Secretary and such State or governing body of 
    an affected Indian tribe may review or modify the agreement 
    periodically;
        (4) by which such State or governing body of an affected Indian 
    tribe is to submit an impact report and request for impact 
    assistance under section 10136(c) of this title or section 10138(b) 
    of this title, as the case may be;
        (5) by which the Secretary shall assist such State, and the 
    units of general local government in the vicinity of the repository 
    site, in resolving the offsite concerns of such State and units of 
    general local government, including, but not limited to, questions 
    of State liability arising from accidents, necessary road upgrading 
    and access to the site, ongoing emergency preparedness and emergency 
    response, monitoring of transportation of high-level radioactive 
    waste and spent nuclear fuel through such State, conduct of baseline 
    health studies of inhabitants in neighboring communities near the 
    repository site and reasonable periodic monitoring thereafter, and 
    monitoring of the repository site upon any decommissioning and 
    decontamination;
        (6) by which the Secretary shall consult and cooperate with such 
    State on a regular, ongoing basis and provide for an orderly process 
    and timely schedule for State review and evaluation, including 
    identification in the agreement of key events, milestones, and 
    decision points in the activities of the Secretary at the potential 
    repository site;
        (7) by which the Secretary shall notify such State prior to the 
    transportation of any high-level radioactive waste and spent nuclear 
    fuel into such State for disposal at the repository site;
        (8) by which such State may conduct reasonable independent 
    monitoring and testing of activities on the repository site, except 
    that such monitoring and testing shall not unreasonably interfere 
    with or delay onsite activities;
        (9) for sharing, in accordance with applicable law, of all 
    technical and licensing information, the utilization of available 
    expertise, the facilitating of permit procedures, joint project 
    review, and the formulation of joint surveillance and monitoring 
    arrangements to carry out applicable Federal and State laws;
        (10) for public notification of the procedures specified under 
    the preceding paragraphs; and
        (11) for resolving objections of a State and affected Indian 
    tribes at any stage of the planning, siting, development, 
    construction, operation, or closure of such a facility within such 
    State through negotiation, arbitration, or other appropriate 
    mechanisms.

(d) On-site representative

    The Secretary shall offer to any State, Indian tribe or unit of 
local government within whose jurisdiction a site for a repository or 
monitored retrievable storage facility is located under this subchapter 
an opportunity to designate a representative to conduct on-site 
oversight activities at such site. Reasonable expenses of such 
representatives shall be paid out of the Waste Fund.

(Pub. L. 97-425, title I, Sec. 117, Jan. 7, 1983, 96 Stat. 2222; 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. 5011(m), Dec. 22, 
1987, 101 Stat. 1330-231; Pub. L. 104-66, title I, Sec. 1051(i), Dec. 
21, 1995, 109 Stat. 716.)


                               Amendments

    1995--Subsec. (c). Pub. L. 104-66 struck out after third sentence 
``If such written agreement is not completed within such period, the 
Secretary shall report to the Congress in writing within 30 days on the 
status of negotiations to develop such agreement and the reasons why 
such agreement has not been completed. Prior to submission of such 
report to the Congress, the Secretary shall transmit such report to the 
Governor of such State or the governing body of such affected Indian 
tribe, as the case may be, for their review and comments. Such comments 
shall be included in such report prior to submission to the Congress.''
    1987--Subsec. (d). Pub. L. 100-202 and Pub. L. 100-203 amended 
section identically, adding subsec. (d).

                  Section Referred to in Other Sections

    This section is referred to in sections 10121, 10136, 10138, 10161, 
10243 of this title.
