§ 10136. Participation of States

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1983

   Nuclear Waste Policy Act of 1982

   Pub. L. 97–425 title I § 116 · 96 Stat. 2201

   Enacted · 42 U.S.C. § 10136

   Pub. L. 97–425, title I, § 116, Jan. 7, 1983, 96 Stat. 2220

   Source evidence

   Code source credit
   Pub. L. 97–425, title I, § 116, Jan. 7, 1983, 96 Stat. 2220

   Enacted provision · exact public law section
   Sec. 116. participation of states (a) Notification of States and Affected Tribes.— The Secretary shall identify the States with one or more potentially acceptable sites for a repository within 90 days after the date of enactment of this Act. Within 90 days of such identification, the Secretary shall notify the Governor, the State legislature, and the tribal council of any affected Indian tribe in any State of the “Potentially acceptable site.” potentially acceptable sites within such State. For the purposes of this title, the term “potentially acceptable site’’ means any site at which, after geologic studies and field mapping but before detailed geologic data gathering, the Department undertakes preliminary drilling and geophysical testing for the definition of site location. (b) State Participation in Repository Siting Decisions.— (1) Unless otherwise provided by State law, the Governor or legislature of each State shall have authority to submit a notice of disapproval to the Congress under paragraph (2). In any case in which State law provides for submission of any such notice of disapproval by any other person or entity, any reference in this subtitle to the Governor or legislature of such State shall be considered to refer instead to such other person or entity. (2) Notice of disapproval, submittal to Congress. Upon the submission by the President to the Congress of a recommendation of a site for a repository, the Governor or legislature of the State in which such site is located may disapprove the site designation and submit to the Congress a notice of disapproval. Such Governor or legislature 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 114. 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 state-ment of reasons explaining why such Governor or legislature disapproved the recommended repository site involved. (3) The authority of the Governor or legislature of each State under this subsection shall not be applicable with respect to any site located on a reservation. (c) Financial Assistance.— (1) (A) The Secretary shall make Grants. grants to each State notified under subsection (a) for the purpose of participating in activities required by sections 116 and 117 or authorized by written agreement entered into pursuant to subsection 117(c). Any salary or travel expense that would ordinarily be incurred by such State, or by any political subdivision of such State, may not be considered eligible for funding under this paragraph. (B) The Secretary shall make grants to each State in which a candidate site for a repository is approved under section 112(c). Such grants may be made to each such State only for purposes of enabling such State— (i) to review activities taken under this subtitle 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 State 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 its residents regarding any activities of such State, 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 subtitle with respect to such site. (C) Any salary or travel expense that would ordinarily be incurred by such State, or by any political subdivision of such State, may not be considered eligible for funding under this paragraph. (2) (A) The Secretary shall provide financial and technical assistance Construction authorization. to any State requesting such assistance in which 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 State of the development of such repository. Such assistance to such State 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 State desiring assistance under this paragraph shall Report submittal. 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 in such State. 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 State involved setting forth the amount of assistance to be provided to such State under this paragraph and the procedures to be followed in providing such assistance. (3) The Secretary shall also grant to each State and unit of general local government in which a site for a repository is approved under section 112(c) an amount each fiscal year equal to the amount such State and unit of general local government, respectively, would receive were they authorized to tax site characterization activities at such site, and the development and operation of such repository, as such State and unit of general local government tax the other real property and industrial activities occurring within such State and unit of general local government. Such grants shall continue until such time as all such activities, development, and operation are terminated at such site. (4)Grants, limitations. (A) A State may not receive any grant under paragraph (1) after the expiration of the 1-year period following— (i) the date on which the Secretary notifies the Governor and legislature of the State involved of the termination of site characterization activities at the candidate site involved in such State; (ii) the date on which the site in such State is disapproved under section 115; or (iii) the date on which the Commission disapproves an application for a construction authorization for a repository at such site; whichever occurs first, unless there is another candidate site in the State approved under section 112(c) with respect to which the actions described in clauses (i), (ii), and (iii) have not been taken. (B) A State may not receive any further assistance under paragraph (2) with respect to a site if repository construction activities at site are terminated by the Secretary or if such activities are permanently enjoined by any court. (C) Funding limitations. At the end of the 2-year period beginning on the effective date of any license to receive and possess for a repository in a State, no Federal funds shall be made available to such State under paragraph (1) or (2), except for— (i) such funds as may be necessary to support State activities related to any other repository located in, or proposed to be located in, such State, and for which 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 State activities pursuant to agreements or contracts for impact assistance entered into, under paragraph (2), by such State with the Secretary during such 2-year period. (5) Financial assistance authorized in this subsection shall be made out of amounts held in the Nuclear Waste Fund established in Post, p. 2257. section 302. (d) Additional Notification and Consultation.— Whenever the Secretary is required under any provision of this Act to notify or consult with the governing body of an affected Indian tribe where a site is located, the Secretary shall also notify or consult with, as the case may be, the Governor of the State in which such reservation is located.

2. 1987

   Department of Commerce Appropriation Act, 1988

   Pub. L. 100–202 § 101(d)(tIII)(s300) · 101 Stat. 1329

   1. Amended · 42 U.S.C. § 10136(c)

      Pub. L. 100–202 and Pub. L. 100–203 generally amended subsec. (c) identically

   2. Substituted · 42 U.S.C. § 10136(c)

      Pub. L. 100–202 and Pub. L. 100–203 generally substituting provisions consisting of pars. (1) to (6) for former provisions consisting of pars. (1) to (5)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 100–202 and Pub. L. 100–203 generally amended subsec. (c) identically, substituting provisions consisting of pars. (1) to (6) for former provisions consisting of pars. (1) to (5).

   Enacted provision · exact public law section
   Sec. 101. During the current fiscal year, applicable appropriations and funds available to the Department of Commerce shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by said Act, and, notwithstanding 31 U.S.C. 3324, may be used for advance payments not otherwise authorized only upon the certification of officials designated by the Secretary that such payments are in the public interest.

3 of 3 references resolved to an enrolled provision