§ 10173b. Review Panel

Statutory text

In general

The Review Panel required to be established by section 10173a(b)(1) of this title shall consist of a Chairman selected by the Secretary in consultation with the Governor of the State or governing body of the Indian tribe, as appropriate, that is party to such agreement and 6 other members as follows:

2 members selected by the Governor of such State or governing body of such Indian tribe;

2 members selected by units of local government affected by the repository or monitored retrievable storage facility;

1 member to represent persons making payments into the Waste Fund, to be selected by the Secretary; and

1 member to represent other public interests, to be selected by the Secretary.

Terms

The members of the Review Panel shall serve for terms of 4 years each.

Members of the Review Panel who are not full-time employees of the Federal Government, shall receive a per diem compensation for each day spent conducting work of the Review Panel, including their necessary travel or other expenses while engaged in the work of the Review Panel.

Expenses of the Panel shall be paid by the Secretary from the Waste Fund.

Duties

The Review Panel shall—

advise the Secretary on matters relating to the proposed repository or monitored retrievable storage facility, including issues relating to design, construction, operation, and decommissioning of the facility;

evaluate performance of the repository or monitored retrievable storage facility, as it considers appropriate;

recommend corrective actions to the Secretary;

assist in the presentation of State or affected Indian tribe and local perspectives to the Secretary; and

participate in the planning for and the review of preoperational data on environmental, demographic, and socioeconomic conditions of the site and the local community.

Information

The Secretary shall promptly 1 make available promptly 1 any information in the Secretary’s possession requested by the Panel or its Chairman.

Chapter 10 of title 5

The requirements of chapter 10 of title 5 shall not apply to a Review Panel established under this subchapter.

Footnotes

1 So in original.

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.

1987
Nuclear Waste Policy Act of 1982
Pub. L. 97–425 title I § 172 · 96 Stat. 2201
Enacted · 42 U.S.C. § 10173b
Pub. L. 97–425, title I, § 172, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121
Source evidence
Code source credit
Pub. L. 97–425, title I, § 172, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121
2022
Pub. L. 117–286 § 4(a)(272) · 136 Stat. 4196
1. Substituted · 42 U.S.C. § 10173b(e)
  Pub. L. 117–286 substituted “Chapter 10 of title 5” for “Federal Advisory Committee Act” in text
2. Substituted · 42 U.S.C. § 10173b(e)
  Pub. L. 117–286 substituted “chapter 10 of title 5” for “the Federal Advisory Committee Act” in text
Source evidence
Code amendment note
Subsec. (e). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “chapter 10 of title 5” for “the Federal Advisory Committee Act” in text.
Enacted provision · exact public law section
(272) Section 172(e) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10173b(e)) is amended— (A) in the subsection heading, by striking “Federal Advisory Committee Act” and inserting “Chapter 10 of Title 5, United States Code”; and (B) in text, by striking “the Federal Advisory Committee Act” and inserting “chapter 10 of title 5, United States Code,”.

2 of 3 references resolved to an enrolled provision · 1 partial

Editorial Notes

Codification

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

Amendments

2022—Subsec. (e). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “chapter 10 of title 5” for “the Federal Advisory Committee Act” in text.

Credits

1987–2022 · 3 acts

1987Pub. L. 97–425, title I, § 172, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121
1987Pub. L. 100–203, title V, § 5031, Dec. 22, 1987, 101 Stat. 1330–239
2022amended Pub. L. 117–286, § 4(a)(272), Dec. 27, 2022, 136 Stat. 4335.

Show as published

(Pub. L. 97–425, title I, § 172, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5031, Dec. 22, 1987, 101 Stat. 1330–239; amended Pub. L. 117–286, § 4(a)(272), Dec. 27, 2022, 136 Stat. 4335.)