
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: 42USC10243]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 108--NUCLEAR WASTE POLICY
 
                 SUBCHAPTER IV--NUCLEAR WASTE NEGOTIATOR
 
Sec. 10243. Duties of Negotiator


(a) Negotiations with potential hosts

    (1) The Negotiator shall--
        (A) seek to enter into negotiations on behalf of the United 
    States, with--
            (i) the Governor of any State in which a potential site is 
        located; and
            (ii) the governing body of any Indian tribe on whose 
        reservation a potential site is located; and

        (B) attempt to reach a proposed agreement between the United 
    States and any such State or Indian tribe specifying the terms and 
    conditions under which such State or tribe would agree to host a 
    repository or monitored retrievable storage facility within such 
    State or reservation.

    (2) In any case in which State law authorizes any person or entity 
other than the Governor to negotiate a proposed agreement under this 
section on behalf of the State, any reference in this subchapter to the 
Governor shall be considered to refer instead to such other person or 
entity.

(b) Consultation with affected States, subdivisions of States, and 
        tribes

    In addition to entering into negotiations under subsection (a) of 
this section, the Negotiator shall consult with any State, affected unit 
of local government, or any Indian tribe that the Negotiator determines 
may be affected by the siting of a repository or monitored retrievable 
storage facility and may include in any proposed agreement such terms 
and conditions relating to the interest of such States, affected units 
of local government, or Indian tribes as the Negotiator determines to be 
reasonable and appropriate.

(c) Consultation with other Federal agencies

    The Negotiator may solicit and consider the comments of the 
Secretary, the Nuclear Regulatory Commission, or any other Federal 
agency on the suitability of any potential site for site 
characterization. Nothing in this subsection shall be construed to 
require the Secretary, the Nuclear Regulatory Commission, or any other 
Federal agency to make a finding that any such site is suitable for site 
characterization.

(d) Proposed agreement

    (1) The Negotiator shall submit to the Congress any proposed 
agreement between the United States and a State or Indian tribe 
negotiated under subsection (a) of this section and an environmental 
assessment prepared under section 10244(a) of this title for the site 
concerned.
    (2) Any such proposed agreement shall contain such terms and 
conditions (including such financial and institutional arrangements) as 
the Negotiator and the host State or Indian tribe determine to be 
reasonable and appropriate and shall contain such provisions as are 
necessary to preserve any right to participation or compensation of such 
State, affected unit of local government, or Indian tribe under sections 
10136(c), 10137, and 10138(b) of this title.
    (3)(A) No proposed agreement entered into under this section shall 
have legal effect unless enacted into Federal law.
    (B) A State or Indian tribe shall enter into an agreement under this 
section in accordance with the laws of such State or tribe. Nothing in 
this section may be construed to prohibit the disapproval of a proposed 
agreement between a State and the United States under this section by a 
referendum or an act of the legislature of such State.
    (4) Notwithstanding any proposed agreement under this section, the 
Secretary may construct a repository or monitored retrievable storage 
facility at a site agreed to under this subchapter only if authorized by 
the Nuclear Regulatory Commission in accordance with the Atomic Energy 
Act of 1954 [42 U.S.C. 2011 et seq.], title II of the Energy 
Reorganization Act of 1982 (42 U.S.C. 5841 et seq.) and any other law 
applicable to authorization of such construction.

(Pub. L. 97-425, title IV, Sec. 403, as added Pub. L. 100-202, 
Sec. 101(d) [title III], Dec. 22, 1987, 101 Stat. 1329-104, 1329-121; 
Pub. L. 100-203, title V, Sec. 5041, Dec. 22, 1987, 101 Stat. 1330-244.)

                       References in Text

    The Atomic Energy Act of 1954, referred to in subsec. (d)(4), is act 
Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, Sec. 1, 
68 Stat. 921, and amended, which is classified generally to chapter 23 
(Sec. 2011 et seq.) of this title. For complete classification of this 
Act to the Code, see Short Title note set out under section 2011 of this 
title and Tables.
    The Energy Reorganization Act of 1982, referred to in subsec. 
(d)(4), probably means the Energy Reorganization Act of 1974, Pub. L. 
93-438, Oct. 11, 1974, 88 Stat. 1233, as amended. Title II of the Energy 
Reorganization Act of 1974 is classified generally to subchapter II 
(Sec. 5841 et seq.) of chapter 73 of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 5801 of this title and Tables.

                          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 10244, 10245, 10246 of this 
title.
