
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: 42USC10195]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 108--NUCLEAR WASTE POLICY
 
   SUBCHAPTER II--RESEARCH, DEVELOPMENT, AND DEMONSTRATION REGARDING 
     DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE AND SPENT NUCLEAR FUEL
 
Sec. 10195. Test and evaluation facility siting review and 
        reports
        

(a) Consultation and cooperation

    The Governor of a State, or the governing body of an affected Indian 
tribe, notified of a site identification under section 10193 of this 
title shall have the right to participate in a process of consultation 
and cooperation as soon as the site involved has been identified 
pursuant to such section and throughout the life of the test and 
evaluation facility. For purposes of this section, the term ``process of 
consultation and cooperation'' means a methodology--
        (1) by which the Secretary--
            (A) keeps the Governor or governing body involved fully and 
        currently informed about any potential economic or public health 
        and safety impacts in all stages of the siting, development, 
        construction, and operation of a test and evaluation facility;
            (B) solicits, receives, and evaluates concerns and 
        objections of such Governor or governing body with regard to 
        such test and evaluation facility on an ongoing basis; and
            (C) works diligently and cooperatively to resolve such 
        concerns and objections; and

        (2) by which the State or affected Indian tribe involved can 
    exercise reasonable independent monitoring and testing of onsite 
    activities related to all stages of the siting, development, 
    construction and operation of the test and evaluation facility, 
    except that any such monitoring and testing shall not unreasonably 
    interfere with onsite activities.

(b) Written agreements

    The Secretary shall enter into written agreements with the Governor 
of the State in which an identified site is located or with the 
governing body of any affected Indian tribe where an identified site is 
located in order to expedite the consultation and cooperation process. 
Any such written agreement shall specify--
        (1) procedures by which such Governor or governing body may 
    study, determine, comment on, and make recommendations with regard 
    to the possible health, safety, and economic impacts of the test and 
    evaluation facility;
        (2) procedures by which the Secretary shall consider and respond 
    to comments and recommendations made by such Governor or governing 
    body, including the period in which the Secretary shall so respond;
        (3) the documents the Department is to submit to such Governor 
    or governing body, the timing for such submissions, the timing for 
    such Governor or governing body to identify public health and safety 
    concerns and the process to be followed to try to eliminate those 
    concerns;
        (4) procedures by which the Secretary and either such Governor 
    or governing body may review or modify the agreement periodically; 
    and
        (5) procedures for public notification of the procedures 
    specified under subparagraphs (A) through (D).

(c) Limitation

    Except as specifically provided in this section, nothing in this 
subchapter is intended to grant any State or affected Indian tribe any 
authority with respect to the siting, development, or loading of the 
test and evaluation facility.

(Pub. L. 97-425, title II, Sec. 215, Jan. 7, 1983, 96 Stat. 2247.)

                  Section Referred to in Other Sections

    This section is referred to in section 10199 of this title.
