
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: 42USC10173a]

 
                 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. 10173a. Content of agreements


(a) In general

    (1) In addition to the benefits to which a State, an affected unit 
of local government or Indian tribe is entitled under this subchapter, 
the Secretary shall make payments to a State or Indian tribe that is a 
party to a benefits agreement under section 10173 of this title in 
accordance with the following schedule:

                            BENEFITS SCHEDULE
                         (amounts in $ millions)

                     Event                         MRS      Repository

(A) Annual payments prior to first spent fuel        5          10
 receipt.......................................
(B) Upon first spent fuel receipt..............     10          20
(C) Annual payments after first spent fuel          10          20
 receipt until closure of the facility.........


    (2) For purposes of this section, the term--
        (A) ``MRS'' means a monitored retrievable storage facility,
        (B) ``spent fuel'' means high-level radioactive waste or spent 
    nuclear fuel, and
        (C) ``first spent fuel receipt'' does not include receipt of 
    spent fuel or high-level radioactive waste for purposes of testing 
    or operational demonstration.

    (3) Annual payments prior to first spent fuel receipt under 
paragraph (1)(A) shall be made on the date of execution of the benefits 
agreement and thereafter on the anniversary date of such execution. 
Annual payments after the first spent fuel receipt until closure of the 
facility under paragraph (1)(C) shall be made on the anniversary date of 
such first spent fuel receipt.
    (4) If the first spent fuel payment under paragraph (1)(B) is made 
within six months after the last annual payment prior to the receipt of 
spent fuel under paragraph (1)(A), such first spent fuel payment under 
paragraph (1)(B) shall be reduced by an amount equal to one-twelfth of 
such annual payment under paragraph (1)(A) for each full month less than 
six that has not elapsed since the last annual payment under paragraph 
(1)(A).
    (5) Notwithstanding paragraph (1), (2), or (3), no payment under 
this section may be made before January 1, 1989, and any payment due 
under this subchapter before January 1, 1989, shall be made on or after 
such date.
    (6) Except as provided in paragraph (7), the Secretary may not 
restrict the purposes for which the payments under this section may be 
used.
    (7)(A) Any State receiving a payment under this section shall 
transfer an amount equal to not less than one-third of the amount of 
such payment to affected units of local government of such State.
    (B) A plan for this transfer and appropriate allocation of such 
portion among such governments shall be included in the benefits 
agreement under section 10173 of this title covering such payments.
    (C) In the event of a dispute concerning such plan, the Secretary 
shall resolve such dispute, consistent with this chapter and applicable 
State law.

(b) Contents

    A benefits agreement under section 10173 of this title shall provide 
that--
        (1) a Review Panel be established in accordance with section 
    10173b of this title;
        (2) the State or Indian tribe that is party to such agreement 
    waive its rights under this subchapter to disapprove the 
    recommendation of a site for a repository;
        (3) the parties to the agreement shall share with one another 
    information relevant to the licensing process for the repository or 
    monitored retrievable storage facility, as it becomes available;
        (4) the State or Indian tribe that is party to such agreement 
    participate in the design of the repository or monitored retrievable 
    storage facility and in the preparation of documents required under 
    law or regulation governing the effects of the facility on the 
    public health and safety; and
        (5) the State or Indian tribe waive its rights, if any, to 
    impact assistance under sections 10136(c)(1)(B)(ii), 10136(c)(2), 
    10138(b)(2)(A)(ii), and 10138(b)(3) of this title.

(c) Payments by Secretary

    The Secretary shall make payments to the States or affected Indian 
tribes under a benefits agreement under this section from the Waste 
Fund. The signature of the Secretary on a valid benefits agreement under 
section 10173 of this title shall constitute a commitment by the United 
States to make payments in accordance with such agreement.

(Pub. L. 97-425, title I, Sec. 171, 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 10173b, 10174a of this 
title.
