
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: 42USC10173]

 
                 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 F--Benefits
 
Sec. 10173. Benefits agreements


(a) In general

    (1) The Secretary may enter into a benefits agreement with the State 
of Nevada concerning a repository or with a State or an Indian tribe 
concerning a monitored retrievable storage facility for the acceptance 
of high-level radioactive waste or spent nuclear fuel in that State or 
on the reservation of that tribe, as appropriate.
    (2) The State or Indian tribe may enter into such an agreement only 
if the State Attorney General or the appropriate governing authority of 
the Indian tribe or the Secretary of the Interior, in the absence of an 
appropriate governing authority, as appropriate, certifies to the 
satisfaction of the Secretary that the laws of the State or Indian tribe 
provide adequate authority for that entity to enter into the benefits 
agreement.
    (3) Any benefits agreement with a State under this section shall be 
negotiated in consultation with affected units of local government in 
such State.
    (4) Benefits and payments under this part may be made available only 
in accordance with a benefits agreement under this section.

(b) Amendment

    A benefits agreement entered into under subsection (a) of this 
section may be amended only by the mutual consent of the parties to the 
agreement and terminated only in accordance with section 10173c of this 
title.

(c) Agreement with Nevada

    The Secretary shall offer to enter into a benefits agreement with 
the Governor of Nevada. Any benefits agreement with a State under this 
subsection shall be negotiated in consultation with any affected units 
of local government in such State.

(d) Monitored retrievable storage

    The Secretary shall offer to enter into a benefits agreement 
relating to a monitored retrievable storage facility with the governing 
body of the Indian tribe on whose reservation the site for such facility 
is located, or, if the site is not located on a reservation, with the 
Governor of the State in which the site is located and in consultation 
with affected units of local government in such State.

(e) Limitation

    Only one benefits agreement for a repository and only one benefits 
agreement for a monitored retrievable storage facility may be in effect 
at any one time.

(f) Judicial review

    Decisions of the Secretary under this section are not subject to 
judicial review.

(Pub. L. 97-425, title I, Sec. 170, as added 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. 5031, Dec. 22, 1987, 101 Stat. 
1330-237.)

                          Codification

    Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

                  Section Referred to in Other Sections

    This section is referred to in sections 10167, 10172, 10173a of this 
title.
