
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC10138]

 
                 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. 10138. Participation of Indian tribes


(a) Participation of Indian tribes in repository siting decisions

    Upon the submission by the President to the Congress of a 
recommendation of a site for a repository located on the reservation of 
an affected Indian tribe, the governing body of such Indian tribe may 
disapprove the site designation and submit to the Congress a notice of 
disapproval. The governing body of such Indian tribe 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 the governing body of such 
Indian tribe disapproved the recommended repository site involved.

(b) Financial assistance

    (1) The Secretary shall make grants to each affected tribe notified 
under section 10136(a) of this title for the purpose of participating in 
activities required by 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 tribe, may not be considered eligible for funding under this 
paragraph.
    (2)(A) The Secretary shall make grants to each affected Indian tribe 
where a candidate site for a repository is approved under section 
10132(c) of this title. Such grants may be made to each such Indian 
tribe only for purposes of enabling such Indian tribe--
        (i) to review activities taken under this part with respect to 
    such site for purposes of determining any potential economic, 
    social, public health and safety, and environmental impacts of such 
    repository on the reservation 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 the residents of its reservation 
    regarding any activities of such Indian tribe, 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.

    (B) The amount of funds provided to any affected Indian tribe under 
this paragraph in any fiscal year may not exceed 100 percent of the 
costs incurred by such Indian tribe with respect to the activities 
described in clauses (i) through (v) of subparagraph (A). Any salary or 
travel expense that would ordinarily be incurred by such Indian tribe 
may not be considered eligible for funding under this paragraph.
    (3)(A) The Secretary shall provide financial and technical 
assistance to any affected Indian tribe requesting such assistance and 
where there is a site with respect to which the Commission has 
authorized construction of a repository. Such assistance shall be 
designed to mitigate the impact on such Indian tribe of the development 
of such repository. Such assistance to such Indian tribe shall commence 
within 6 months following the granting by the Commission of a 
construction authorization for such repository and following the 
initiation of construction activities at such site.
    (B) Any affected Indian tribe desiring assistance under this 
paragraph shall prepare and submit to the Secretary a report on any 
economic, social, public health and safety, and environmental impacts 
that are likely as a result of the development of a repository at a site 
on the reservation of such Indian tribe. Such report shall be submitted 
to the Secretary following the completion of site characterization 
activities at such site and before the recommendation of such site to 
the President by the Secretary for application for a construction 
authorization for a repository. As soon as practicable following the 
granting of a construction authorization for such repository, the 
Secretary shall seek to enter into a binding agreement with the Indian 
tribe involved setting forth the amount of assistance to be provided to 
such Indian tribe under this paragraph and the procedures to be followed 
in providing such assistance.
    (4) The Secretary shall grant to each affected Indian tribe where a 
site for a repository is approved under section 10132(c) of this title 
an amount each fiscal year equal to the amount such Indian tribe would 
receive were it authorized to tax site characterization activities at 
such site, and the development and operation of such repository, as such 
Indian tribe taxes the other commercial activities occurring on such 
reservation. Such grants shall continue until such time as all such 
activities, development, and operation are terminated at such site.
    (5) \1\ An affected Indian tribe may not receive any grant under 
paragraph (1) after the expiration of the 1-year period following--
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    \1\ So in original. Probably should be designated ``(5)(A)''.
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        (i) the date on which the Secretary notifies such Indian tribe 
    of the termination of site characterization activities at the 
    candidate site involved on the reservation of such Indian tribe;
        (ii) the date on which such site is disapproved under section 
    10135 of this title;
        (iii) the date on which the Commission disapproves an 
    application for a construction authorization for a repository at 
    such site; \2\
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    \2\ So in original. Probably should be followed by ``or''.
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        (iv) December 22, 1987;

whichever occurs first, unless there is another candidate site on the 
reservation of such Indian tribe that is approved under section 10132(c) 
of this title and with respect to which the actions described in clauses 
(i), (ii), and (iii) have not been taken.
    (B) An affected Indian tribe may not receive any further assistance 
under paragraph (2) with respect to a site if repository construction 
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 at a site on the 
reservation of an affected Indian tribe, no Federal funds shall be made 
available under paragraph (1) or (2) to such Indian tribe, except for--
        (i) such funds as may be necessary to support activities of such 
    Indian tribe related to any other repository where a license to 
    receive and possess has not been in effect for more than 1 year; and
        (ii) such funds as may be necessary to support activities of 
    such Indian tribe pursuant to agreements or contracts for impact 
    assistance entered into, under paragraph (2), by such Indian tribe 
    with the Secretary during such 2-year period.

    (6) Financial assistance authorized in this subsection shall be made 
out of amounts held in the Nuclear Waste Fund established in section 
10222 of this title.

(Pub. L. 97-425, title I, Sec. 118, Jan. 7, 1983, 96 Stat. 2225; 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. 5033, Dec. 22, 1987, 
101 Stat. 1330-243.)


                               Amendments

    1987--Subsec. (b)(5)(iv). Pub. L. 100-202 and Pub. L. 100-203 
amended par. (5) identically, adding cl. (iv).

                  Section Referred to in Other Sections

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