---
kind: "range"
citation: "42 U.S.C. §§ 10135–10138"
title: "42"
from: "10135"
to: "10138"
count: 4
release: "119-102"
url: "https://uscodex.org/usc/42/10135..10138"
---

# §10135. Review of repository site selection

- (a) **“Resolution of repository siting approval” defined—** For purposes of this section, the term “resolution of repository siting approval” means a joint resolution of the Congress, the matter after the resolving clause of which is as follows: “That there hereby is approved the site at .......... for a [repository](/usc/42/10101.md?p=18), with respect to which a notice of disapproval was submitted by .......... on ...........”. The first blank space in such resolution shall be filled with the name of the geographic location of the proposed site of the [repository](/usc/42/10101.md?p=18) to which such resolution pertains; the second blank space in such resolution shall be filled with the designation of the [State](/usc/42/10101.md?p=24) [Governor](/usc/42/10101.md?p=14) and legislature or [Indian tribe](/usc/42/10101.md?p=15) governing body submitting the notice of disapproval to which such resolution pertains; and the last blank space in such resolution shall be filled with the date of such submission.
- (b) **State or Indian tribe petitions—** The designation of a site as suitable for application for a [construction](/usc/42/7479.md?p=2-C) [authorization](/usc/42/4370m.md?p=3) for a [repository](/usc/42/10101.md?p=18) shall be effective at the end of the 60-day period beginning on the date that the President recommends such site to the Congress under [section 10134 of this title](/usc/42/10134.md), unless the [Governor](/usc/42/10101.md?p=14) and legislature of the [State](/usc/42/10101.md?p=24) in which such site is located, or the governing body of an [Indian tribe](/usc/42/10101.md?p=15) on whose [reservation](/usc/42/10101.md?p=19) such site is located, as the case may be, has submitted to the Congress a notice of disapproval under section [10136](/usc/42/10136.md) or [10138](/usc/42/10138.md) of this title. If any such notice of disapproval has been submitted, the designation of such site shall not be effective except as provided under [subsection (c)](#c).
- (c) **Congressional review of petitions—** If any notice of disapproval of a [repository](/usc/42/10101.md?p=18) site designation has been submitted to the Congress under section [10136](/usc/42/10136.md) or [10138](/usc/42/10138.md) of this title after a recommendation for approval of such site is made by the President under [section 10134 of this title](/usc/42/10134.md), such site shall be disapproved unless, during the first period of 90 calendar days of continuous session of the Congress after the date of the receipt by the Congress of such notice of disapproval, the Congress passes a [resolution of repository siting approval](#a) in accordance with this subsection approving such site, and such resolution thereafter becomes law.
- (d) **Procedures applicable to Senate—**
  - (1) The provisions of this subsection are enacted by the Congress—
    - (A) as an exercise of the rulemaking power of the Senate, and as such they are deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of resolutions of [repository](/usc/42/10101.md?p=18) siting approval, and such provisions supersede other rules of the Senate only to the extent that they are inconsistent with such other rules; and
    - (B) with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner and to the same extent as in the case of any other rule of the Senate.
  - (2)
    - (A) Not later than the first day of session following the day on which any notice of disapproval of a [repository](/usc/42/10101.md?p=18) site selection is submitted to the Congress under section [10136](/usc/42/10136.md) or [10138](/usc/42/10138.md) of this title, a [resolution of repository siting approval](#a) shall be introduced (by request) in the Senate by the chairman of the committee to which such notice of disapproval is referred, or by a Member or Members of the Senate designated by such chairman.
    - (B) Upon introduction, a [resolution of repository siting approval](#a) shall be referred to the appropriate committee or committees of the Senate by the President of the Senate, and all such resolutions with respect to the same [repository](/usc/42/10101.md?p=18) site shall be referred to the same committee or committees. Upon the expiration of 60 calendar days of continuous session after the introduction of the first [resolution of repository siting approval](#a) with respect to any site, each committee to which such resolution was referred shall make its recommendations to the Senate.
  - (3) If any committee to which is referred a resolution of siting approval introduced under [paragraph (2)(A)](#d-2-A), or, in the absence of such a resolution, any other resolution of siting approval introduced with respect to the site involved, has not reported such resolution at the end of 60 days of continuous session of Congress after introduction of such resolution, such committee shall be deemed to be discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the Senate.
  - (4)
    - (A) When each committee to which a resolution of siting approval has been referred has reported, or has been deemed to be discharged from further consideration of, a resolution described in [paragraph (3)](#d-3), it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) for any Member of the Senate to move to proceed to the consideration of such resolution. Such motion shall be highly privileged and shall not be debatable. Such motion shall not be subject to amendment, to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which such motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of such resolution is agreed to, such resolution shall remain the unfinished business of the Senate until disposed of.
    - (B) Debate on a resolution of siting approval, and on all debatable motions and appeals in connection with such resolution, shall be limited to not more than 10 hours, which shall be divided equally between Members favoring and Members opposing such resolution. A motion further to limit debate shall be in order and shall not be debatable. Such motion shall not be subject to amendment, to a motion to postpone, or to a motion to proceed to the consideration of other business, and a motion to recommit such resolution shall not be in order. A motion to reconsider the vote by which such resolution is agreed to or disagreed to shall not be in order.
    - (C) Immediately following the conclusion of the debate on a resolution of siting approval, and a [single](/usc/42/2304.md?p=m) quorum call at the conclusion of such debate if requested in accordance with the rules of the Senate, the vote on final approval of such resolution shall occur.
    - (D) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a resolution of siting approval shall be decided without debate.
  - (5) If the Senate receives from the House a [resolution of repository siting approval](#a) with respect to any site, then the following procedure shall apply:
    - (A) The resolution of the House with respect to such site shall not be referred to a committee.
    - (B) With respect to the resolution of the Senate with respect to such site—
      - (i) the procedure with respect to that or other resolutions of the Senate with respect to such site shall be the same as if no resolution from the House with respect to such site had been received; but
      - (ii) on any vote on final passage of a resolution of the Senate with respect to such site, a resolution from the House with respect to such site where the text is identical shall be automatically substituted for the resolution of the Senate.
- (e) **Procedures applicable to House of Representatives—**
  - (1) The provisions of this section[^1] are enacted by the Congress—
    - (A) as an exercise of the rulemaking power of the House of [Representatives](/usc/42/3058f.md?p=5), and as such they are deemed a part of the rules of the House, but applicable only with respect to the procedure to be followed in the House in the case of resolutions of [repository](/usc/42/10101.md?p=18) siting approval, and such provisions supersede other rules of the House only to the extent that they are inconsistent with such other rules; and
    - (B) with full recognition of the constitutional right of the House to change the rules (so far as relating to the procedure of the House) at any time, in the same manner and to the same extent as in the case of any other rule of the House.
  - (2) Resolutions of [repository](/usc/42/10101.md?p=18) siting approval shall upon introduction, be immediately referred by the Speaker of the House to the appropriate committee or committees of the House. Any such resolution received from the Senate shall be held at the Speaker’s table.
  - (3) Upon the expiration of 60 days of continuous session after the introduction of the first [resolution of repository siting approval](#a) with respect to any site, each committee to which such resolution was referred shall be discharged from further consideration of such resolution, and such resolution shall be referred to the appropriate calendar, unless such resolution or an identical resolution was previously reported by each committee to which it was referred.
  - (4) It shall be in order for the Speaker to recognize a Member favoring a resolution to call up a [resolution of repository siting approval](#a) after it has been on the appropriate calendar for 5 legislative days. When any such resolution is called up, the House shall proceed to its immediate consideration and the Speaker shall recognize the Member calling up such resolution and a Member opposed to such resolution for 2 hours of debate in the House, to be equally divided and controlled by such Members. When such time has expired, the previous question shall be considered as ordered on the resolution to adoption without intervening motion. No amendment to any such resolution shall be in order, nor shall it be in order to move to reconsider the vote by which such resolution is agreed to or disagreed to.
  - (5) If the House receives from the Senate a [resolution of repository siting approval](#a) with respect to any site, then the following procedure shall apply:
    - (A) The resolution of the Senate with respect to such site shall not be referred to a committee.
    - (B) With respect to the resolution of the House with respect to such site—
      - (i) the procedure with respect to that or other resolutions of the House with respect to such site shall be the same as if no resolution from the Senate with respect to such site had been received; but
      - (ii) on any vote on final passage of a resolution of the House with respect to such site, a resolution from the Senate with respect to such site where the text is identical shall be automatically substituted for the resolution of the House.
- (f) **Computation of days—** For purposes of this section—
  - (1) continuity of session of Congress is broken only by an adjournment sine die; and
  - (2) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of the 90-day period referred to in [subsection (c)](#c) and the 60-day period referred to in subsections [(d)](#d) and [(e)](#e).
- (g) **Information provided to Congress—** In considering any notice of disapproval submitted to the Congress under section [10136](/usc/42/10136.md) or [10138](/usc/42/10138.md) of this title, the Congress may obtain any comments of the [Commission](/usc/42/10101.md?p=7) with respect to such notice of disapproval. The provision of such comments by the [Commission](/usc/42/10101.md?p=7) shall not be construed as binding the [Commission](/usc/42/10101.md?p=7) with respect to any licensing or [authorization](/usc/42/4370m.md?p=3) action concerning the [repository](/usc/42/10101.md?p=18) involved.

# §10136. Participation of States

- (a) **Notification of States and affected tribes—** The [Secretary](/usc/42/10101.md?p=20) shall identify the [States](/usc/42/10101.md?p=24) with one or more potentially acceptable sites for a [repository](/usc/42/10101.md?p=18) within 90 days after January 7, 1983. Within 90 days of such identification, the [Secretary](/usc/42/10101.md?p=20) shall notify the [Governor](/usc/42/10101.md?p=14), the [State](/usc/42/10101.md?p=24) legislature, and the tribal [council](/usc/42/300f.md?p=9) of any [affected Indian tribe](/usc/42/10101.md?p=2) in any [State](/usc/42/10101.md?p=24) of the potentially acceptable sites within such [State](/usc/42/10101.md?p=24). For the purposes of this subchapter, the term “potentially acceptable site” means any site at which, after geologic studies and field mapping but before detailed geologic data gathering, the [Department](/usc/42/10101.md?p=8) 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](/usc/42/10101.md?p=24) law, the [Governor](/usc/42/10101.md?p=14) or legislature of each [State](/usc/42/10101.md?p=24) shall have authority to submit a notice of disapproval to the Congress under [paragraph (2)](#b-2). In any case in which [State](/usc/42/10101.md?p=24) law provides for submission of any such notice of disapproval by any other [person](/usc/42/1320a–7k.md?p=d-4-C-i) or entity, any reference in this part to the [Governor](/usc/42/10101.md?p=14) or legislature of such [State](/usc/42/10101.md?p=24) shall be considered to refer instead to such other [person](/usc/42/1320a–7k.md?p=d-4-C-i) or entity.
  - (2) Upon the submission by the President to the Congress of a recommendation of a site for a [repository](/usc/42/10101.md?p=18), the [Governor](/usc/42/10101.md?p=14) or legislature of the [State](/usc/42/10101.md?p=24) in which such site is located may disapprove the site designation and submit to the Congress a notice of disapproval. Such [Governor](/usc/42/10101.md?p=14) 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 10134 of this title](/usc/42/10134.md). 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 statement of reasons explaining why such [Governor](/usc/42/10101.md?p=14) or legislature disapproved the recommended [repository](/usc/42/10101.md?p=18) site involved.
  - (3) The authority of the [Governor](/usc/42/10101.md?p=14) or legislature of each [State](/usc/42/10101.md?p=24) under this subsection shall not be applicable with respect to any site located on a [reservation](/usc/42/10101.md?p=19).
- (c) **Financial assistance—**
  - (1)
    - (A) The [Secretary](/usc/42/10101.md?p=20) shall make grants to the [State](/usc/42/10101.md?p=24) of Nevada and any [affected unit of local government](/usc/42/10101.md?p=31) for the purpose of participating in activities required by this section and [section 10137 of this title](/usc/42/10137.md) or authorized by written [agreement](/usc/42/1320b–8.md?p=a-3-A) entered into pursuant to [section 10137(c) of this title](/usc/42/10137.md?p=c). Any salary or travel expense that would ordinarily be incurred by such [State](/usc/42/10101.md?p=24) or [affected unit of local government](/usc/42/10101.md?p=31), may not be considered eligible for funding under this paragraph.
    - (B) The [Secretary](/usc/42/10101.md?p=20) shall make grants to the [State](/usc/42/10101.md?p=24) of Nevada and any [affected unit of local government](/usc/42/10101.md?p=31) for purposes of enabling such [State](/usc/42/10101.md?p=24) or [affected unit of local government](/usc/42/10101.md?p=31)—
      - (i) to review activities taken under this part with respect to the [Yucca Mountain site](/usc/42/10101.md?p=30) for purposes of determining any potential economic, social, public health and safety, and environmental impacts of a [repository](/usc/42/10101.md?p=18) on such [State](/usc/42/10101.md?p=24), or [affected unit of local government](/usc/42/10101.md?p=31) and its residents;
      - (ii) to develop a request for impact assistance under [paragraph (2)](#c-2);
      - (iii) to engage in any monitoring, testing, or evaluation activities with respect to [site characterization](/usc/42/10101.md?p=21) [programs](/usc/42/274l–1.md?p=4) with regard to such site;
      - (iv) to provide information to Nevada residents regarding any activities of such [State](/usc/42/10101.md?p=24), the [Secretary](/usc/42/10101.md?p=20), or the [Commission](/usc/42/10101.md?p=7) with respect to such site; and
      - (v) to request information from, and make comments and recommendations to, the [Secretary](/usc/42/10101.md?p=20) regarding any activities taken under this part with respect to such site.
    - (C) Any salary or travel expense that would ordinarily be incurred by the [State](/usc/42/10101.md?p=24) of Nevada or any [affected unit of local government](/usc/42/10101.md?p=31) may not be considered eligible for funding under this paragraph.
  - (2)
    - (A)
      - (i) The [Secretary](/usc/42/10101.md?p=20) shall provide financial and technical assistance to the [State](/usc/42/10101.md?p=24) of Nevada, and any [affected unit of local government](/usc/42/10101.md?p=31) requesting such assistance.
      - (ii) Such assistance shall be designed to mitigate the impact on such [State](/usc/42/10101.md?p=24) or [affected unit of local government](/usc/42/10101.md?p=31) of the development of such [repository](/usc/42/10101.md?p=18) and the characterization of such site.
      - (iii) Such assistance to such [State](/usc/42/10101.md?p=24) or [affected unit of local government](/usc/42/10101.md?p=31) of such [State](/usc/42/10101.md?p=24) shall commence upon the initiation of [site characterization](/usc/42/10101.md?p=21) activities.
    - (B) The [State](/usc/42/10101.md?p=24) of Nevada and any [affected unit of local government](/usc/42/10101.md?p=31) may request assistance under this subsection by preparing and submitting to the [Secretary](/usc/42/10101.md?p=20) a report on the economic, social, public health and safety, and environmental impacts that are likely to result from [site characterization](/usc/42/10101.md?p=21) activities at the [Yucca Mountain site](/usc/42/10101.md?p=30). Such report shall be submitted to the [Secretary](/usc/42/10101.md?p=20) after the [Secretary](/usc/42/10101.md?p=20) has submitted to the [State](/usc/42/10101.md?p=24) a general plan for [site characterization](/usc/42/10101.md?p=21) activities under [section 10133(b) of this title](/usc/42/10133.md?p=b).
    - (C) As soon as practicable after the [Secretary](/usc/42/10101.md?p=20) has submitted such [site characterization](/usc/42/10101.md?p=21) plan, the [Secretary](/usc/42/10101.md?p=20) shall seek to enter into a binding [agreement](/usc/42/1320b–8.md?p=a-3-A) with the [State](/usc/42/10101.md?p=24) of Nevada setting forth—
      - (i) the amount of assistance to be provided under this subsection to such [State](/usc/42/10101.md?p=24) or [affected unit of local government](/usc/42/10101.md?p=31); and
      - (ii) the procedures to be followed in providing such assistance.
  - (3)
    - (A) In addition to financial assistance provided under paragraphs [(1)](#c-1) and [(2)](#c-2), the [Secretary](/usc/42/10101.md?p=20) shall grant to the [State](/usc/42/10101.md?p=24) of Nevada and any [affected unit of local government](/usc/42/10101.md?p=31) an amount each fiscal year equal to the amount such [State](/usc/42/10101.md?p=24) or [affected unit of local government](/usc/42/10101.md?p=31), respectively, would receive if authorized to tax [site characterization](/usc/42/10101.md?p=21) activities at such site, and the development and operation of such [repository](/usc/42/10101.md?p=18), as such [State](/usc/42/10101.md?p=24) or [affected unit of local government](/usc/42/10101.md?p=31) taxes the non-Federal real property and industrial activities occurring within such [State](/usc/42/10101.md?p=24) or [affected unit of local government](/usc/42/10101.md?p=31).
    - (B) Such grants shall continue until such time as all such activities, development, and operation are terminated at such site.
  - (4)
    - (A) The [State](/usc/42/10101.md?p=24) of Nevada or any [affected unit of local government](/usc/42/10101.md?p=31) may not receive any grant under [paragraph (1)](#c-1) after the expiration of the 1-year period following—
      - (i) the date on which the [Secretary](/usc/42/10101.md?p=20) notifies the [Governor](/usc/42/10101.md?p=14) and legislature of the [State](/usc/42/10101.md?p=24) of Nevada of the termination of [site characterization](/usc/42/10101.md?p=21) activities at the site in such [State](/usc/42/10101.md?p=24);
      - (ii) the date on which the [Yucca Mountain site](/usc/42/10101.md?p=30) is disapproved under [section 10135 of this title](/usc/42/10135.md); or
      - (iii) the date on which the [Commission](/usc/42/10101.md?p=7) disapproves an application for a [construction](/usc/42/7479.md?p=2-C) [authorization](/usc/42/4370m.md?p=3) for a [repository](/usc/42/10101.md?p=18) at such site;

      whichever occurs first.

    - (B) The [State](/usc/42/10101.md?p=24) of Nevada or any [affected unit of local government](/usc/42/10101.md?p=31) may not receive any further assistance under [paragraph (2)](#c-2) with respect to a site if [repository](/usc/42/10101.md?p=18) [construction](/usc/42/7479.md?p=2-C) activities or [site characterization](/usc/42/10101.md?p=21) activities at such site are terminated by the [Secretary](/usc/42/10101.md?p=20) or if such activities are permanently enjoined by any court.
    - (C) At the end of the 2-year period beginning on the effective date of any license to receive and possess for a [repository](/usc/42/10101.md?p=18) in a [State](/usc/42/10101.md?p=24), no Federal [funds](/usc/42/12854.md?p=3), shall be made available to such [State](/usc/42/10101.md?p=24) or [affected unit of local government](/usc/42/10101.md?p=31) under paragraph [(1)](#c-1) or [(2)](#c-2), except for—
      - (i) such [funds](/usc/42/12854.md?p=3) as may be necessary to support activities related to any other [repository](/usc/42/10101.md?p=18) located in, or proposed to be located in, such [State](/usc/42/10101.md?p=24), and for which a license to receive and possess has not been in effect for more than 1 year;
      - (ii) such [funds](/usc/42/12854.md?p=3) as may be necessary to support [State](/usc/42/10101.md?p=24) activities pursuant to [agreements](/usc/42/1320b–8.md?p=a-3-A) or contracts for impact assistance entered into, under [paragraph (2)](#c-2), by such [State](/usc/42/10101.md?p=24) with the [Secretary](/usc/42/10101.md?p=20) during such 2-year period; and
      - (iii) such [funds](/usc/42/12854.md?p=3) as may be provided under an [agreement](/usc/42/1320b–8.md?p=a-3-A) entered into under subchapter IV.
  - (5) Financial assistance authorized in this subsection shall be made out of amounts held in the [Waste Fund](/usc/42/10101.md?p=29).
  - (6) No [State](/usc/42/10101.md?p=24), other than the [State](/usc/42/10101.md?p=24) of Nevada, may receive financial assistance under this subsection after December 22, 1987.
- (d) **Additional notification and consultation—** Whenever the [Secretary](/usc/42/10101.md?p=20) is required under any provision of this chapter to notify or consult with the governing body of an [affected Indian tribe](/usc/42/10101.md?p=2) where a site is located, the [Secretary](/usc/42/10101.md?p=20) shall also notify or consult with, as the case may be, the [Governor](/usc/42/10101.md?p=14) of the [State](/usc/42/10101.md?p=24) in which such [reservation](/usc/42/10101.md?p=19) is located.

# §10137. Consultation with States and affected Indian tribes

- (a) **Provision of information—**
  - (1) The [Secretary](/usc/42/10101.md?p=20), the [Commission](/usc/42/10101.md?p=7), and other agencies involved in the [construction](/usc/42/7479.md?p=2-C), operation, or regulation of any aspect of a [repository](/usc/42/10101.md?p=18) in a [State](/usc/42/10101.md?p=24) shall provide to the [Governor](/usc/42/10101.md?p=14) and legislature of such [State](/usc/42/10101.md?p=24), and to the governing body of any [affected Indian tribe](/usc/42/10101.md?p=2), timely and complete information regarding determinations or plans made with respect to the [site characterization](/usc/42/10101.md?p=21) siting, development, design, licensing, [construction](/usc/42/7479.md?p=2-C), operation, regulation, or decommissioning of such [repository](/usc/42/10101.md?p=18).
  - (2) Upon written request for such information by the [Governor](/usc/42/10101.md?p=14) or legislature of such [State](/usc/42/10101.md?p=24), or by the governing body of any [affected Indian tribe](/usc/42/10101.md?p=2), as the case may be, the [Secretary](/usc/42/10101.md?p=20) shall provide a written response to such request within 30 days of the receipt of such request. Such response shall provide the information requested or, in the alternative, the reasons why the information cannot be so provided. If the [Secretary](/usc/42/10101.md?p=20) fails to so respond within such 30 days, the [Governor](/usc/42/10101.md?p=14) or legislature of such [State](/usc/42/10101.md?p=24), or the governing body of any [affected Indian tribe](/usc/42/10101.md?p=2), as the case may be, may transmit a formal written objection to such failure to respond to the President. If the President or [Secretary](/usc/42/10101.md?p=20) fails to respond to such written request within 30 days of the receipt by the President of such formal written objection, the [Secretary](/usc/42/10101.md?p=20) shall immediately suspend all activities in such [State](/usc/42/10101.md?p=24) authorized by this part, and shall not renew such activities until the [Governor](/usc/42/10101.md?p=14) or legislature of such [State](/usc/42/10101.md?p=24), or the governing body of any [affected Indian tribe](/usc/42/10101.md?p=2), as the case may be, has received the written response to such written request required by this subsection.
- (b) **Consultation and cooperation—** In performing any study of an area within a [State](/usc/42/10101.md?p=24) for the purpose of determining the suitability of such area for a [repository](/usc/42/10101.md?p=18) pursuant to [section 10132(c) of this title](/usc/42/10132.md?p=c), and in subsequently developing and loading[^1] any [repository](/usc/42/10101.md?p=18) within such [State](/usc/42/10101.md?p=24), the [Secretary](/usc/42/10101.md?p=20) shall consult and cooperate with the [Governor](/usc/42/10101.md?p=14) and legislature of such [State](/usc/42/10101.md?p=24) and the governing body of any [affected Indian tribe](/usc/42/10101.md?p=2) in an effort to resolve the concerns of such [State](/usc/42/10101.md?p=24) and any [affected Indian tribe](/usc/42/10101.md?p=2) regarding the public health and safety, environmental, and economic impacts of any such [repository](/usc/42/10101.md?p=18). In carrying out his duties under this part, the [Secretary](/usc/42/10101.md?p=20) shall take such concerns into account to the maximum extent feasible and as specified in written [agreements](/usc/42/1320b–8.md?p=a-3-A) entered into under [subsection (c)](#c).
- (c) **Written agreement—** Not later than 60 days after (1) the approval of a site for [site characterization](/usc/42/10101.md?p=21) for such a [repository](/usc/42/10101.md?p=18) under [section 10132(c) of this title](/usc/42/10132.md?p=c), or (2) the written request of the [State](/usc/42/10101.md?p=24) or [Indian tribe](/usc/42/10101.md?p=15) in any affected [State](/usc/42/10101.md?p=24) notified under [section 10136(a) of this title](/usc/42/10136.md?p=a) to the [Secretary](/usc/42/10101.md?p=20), whichever,[^2] first occurs, the [Secretary](/usc/42/10101.md?p=20) shall seek to enter into a binding written [agreement](/usc/42/1320b–8.md?p=a-3-A), and shall begin negotiations, with such [State](/usc/42/10101.md?p=24) and, where appropriate, to enter into a separate binding [agreement](/usc/42/1320b–8.md?p=a-3-A) with the governing body of any [affected Indian tribe](/usc/42/10101.md?p=2), setting forth (but not limited to) the procedures under which the requirements of subsections [(a)](#a) and [(b)](#b), and the provisions of such written [agreement](/usc/42/1320b–8.md?p=a-3-A), shall be carried out. Any such written [agreement](/usc/42/1320b–8.md?p=a-3-A) shall not affect the authority of the [Commission](/usc/42/10101.md?p=7) under existing law. Each such written [agreement](/usc/42/1320b–8.md?p=a-3-A) shall, to the maximum extent feasible, be completed not later than 6 months after such notification. Such written [agreement](/usc/42/1320b–8.md?p=a-3-A) shall specify procedures—
  - (1) by which such [State](/usc/42/10101.md?p=24) or governing body of an [affected Indian tribe](/usc/42/10101.md?p=2), as the case may be, may study, determine, comment on, and make recommendations with regard to the possible public health and safety, environmental, social, and economic impacts of any such [repository](/usc/42/10101.md?p=18);
  - (2) by which the [Secretary](/usc/42/10101.md?p=20) shall consider and respond to comments and recommendations made by such [State](/usc/42/10101.md?p=24) or governing body of an [affected Indian tribe](/usc/42/10101.md?p=2), including the period in which the [Secretary](/usc/42/10101.md?p=20) shall so respond;
  - (3) by which the [Secretary](/usc/42/10101.md?p=20) and such [State](/usc/42/10101.md?p=24) or governing body of an [affected Indian tribe](/usc/42/10101.md?p=2) may review or modify the [agreement](/usc/42/1320b–8.md?p=a-3-A) periodically;
  - (4) by which such [State](/usc/42/10101.md?p=24) or governing body of an [affected Indian tribe](/usc/42/10101.md?p=2) is to submit an impact report and request for impact assistance under [section 10136(c) of this title](/usc/42/10136.md?p=c) or [section 10138(b) of this title](/usc/42/10138.md?p=b), as the case may be;
  - (5) by which the [Secretary](/usc/42/10101.md?p=20) shall assist such [State](/usc/42/10101.md?p=24), and the [units](/usc/42/1395w–114b.md?p=g-2) of general [local government](/usc/42/8401a.md) in the vicinity of the [repository](/usc/42/10101.md?p=18) site, in resolving the offsite concerns of such [State](/usc/42/10101.md?p=24) and [units](/usc/42/1395w–114b.md?p=g-2) of general [local government](/usc/42/8401a.md), including, but not limited to, questions of [State](/usc/42/10101.md?p=24) liability arising from accidents, necessary road upgrading and access to the site, ongoing emergency preparedness and emergency response, monitoring of transportation of [high-level radioactive waste](/usc/42/10101.md?p=12) and [spent nuclear fuel](/usc/42/10101.md?p=23) through such [State](/usc/42/10101.md?p=24), conduct of baseline health studies of inhabitants in neighboring communities near the [repository](/usc/42/10101.md?p=18) site and reasonable periodic monitoring thereafter, and monitoring of the [repository](/usc/42/10101.md?p=18) site upon any decommissioning and decontamination;
  - (6) by which the [Secretary](/usc/42/10101.md?p=20) shall consult and cooperate with such [State](/usc/42/10101.md?p=24) on a regular, ongoing basis and provide for an orderly process and timely schedule for [State](/usc/42/10101.md?p=24) review and evaluation, including identification in the [agreement](/usc/42/1320b–8.md?p=a-3-A) of key events, milestones, and decision points in the activities of the [Secretary](/usc/42/10101.md?p=20) at the potential [repository](/usc/42/10101.md?p=18) site;
  - (7) by which the [Secretary](/usc/42/10101.md?p=20) shall notify such [State](/usc/42/10101.md?p=24) prior to the transportation of any [high-level radioactive waste](/usc/42/10101.md?p=12) and [spent nuclear fuel](/usc/42/10101.md?p=23) into such [State](/usc/42/10101.md?p=24) for [disposal](/usc/42/10101.md?p=9) at the [repository](/usc/42/10101.md?p=18) site;
  - (8) by which such [State](/usc/42/10101.md?p=24) may conduct reasonable independent monitoring and testing of activities on the [repository](/usc/42/10101.md?p=18) site, except that such monitoring and testing shall not unreasonably interfere with or delay onsite activities;
  - (9) for sharing, in accordance with applicable law, of all technical and licensing information, the utilization of available expertise, the facilitating of permit procedures, joint [project](/usc/42/11360.md?p=20) review, and the formulation of joint surveillance and monitoring arrangements to carry out applicable Federal and [State](/usc/42/10101.md?p=24) laws;
  - (10) for public notification of the procedures specified under the preceding paragraphs; and
  - (11) for resolving objections of a [State](/usc/42/10101.md?p=24) and [affected Indian tribes](/usc/42/10101.md?p=2) at any stage of the planning, siting, development, [construction](/usc/42/7479.md?p=2-C), operation, or closure of such a [facility](/usc/42/11049.md?p=4) within such [State](/usc/42/10101.md?p=24) through negotiation, arbitration, or other appropriate mechanisms.
- (d) **On-site representative—** The [Secretary](/usc/42/10101.md?p=20) shall offer to any [State](/usc/42/10101.md?p=24), [Indian tribe](/usc/42/10101.md?p=15) or [unit of local government](/usc/42/6372.md?p=2) within whose jurisdiction a site for a [repository](/usc/42/10101.md?p=18) or [monitored retrievable storage facility](/usc/42/10101.md?p=34) is located under this subchapter an opportunity to designate a [representative](/usc/42/3058f.md?p=5) to conduct on-site oversight activities at such site. Reasonable expenses of such [representatives](/usc/42/3058f.md?p=5) shall be paid out of the [Waste Fund](/usc/42/10101.md?p=29).

# §10138. Participation of Indian tribes

- (a) **Participation of Indian tribes in repository siting decisions—** Upon the submission by the President to the Congress of a recommendation of a site for a [repository](/usc/42/10101.md?p=18) located on the [reservation](/usc/42/10101.md?p=19) of an [affected Indian tribe](/usc/42/10101.md?p=2), the governing body of such [Indian tribe](/usc/42/10101.md?p=15) may disapprove the site designation and submit to the Congress a notice of disapproval. The governing body of such [Indian tribe](/usc/42/10101.md?p=15) 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 10134 of this title](/usc/42/10134.md). 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 statement of reasons explaining why the governing body of such [Indian tribe](/usc/42/10101.md?p=15) disapproved the recommended [repository](/usc/42/10101.md?p=18) site involved.
- (b) **Financial assistance—**
  - (1) The [Secretary](/usc/42/10101.md?p=20) shall make grants to each affected tribe notified under [section 10136(a) of this title](/usc/42/10136.md?p=a) for the purpose of participating in activities required by [section 10137 of this title](/usc/42/10137.md) or authorized by written [agreement](/usc/42/1320b–8.md?p=a-3-A) entered into pursuant to [section 10137(c) of this title](/usc/42/10137.md?p=c). Any salary or travel expense that would ordinarily be incurred by such tribe, may not be considered eligible for funding under this paragraph.
  - (2)
    - (A) The [Secretary](/usc/42/10101.md?p=20) shall make grants to each [affected Indian tribe](/usc/42/10101.md?p=2) where a [candidate site](/usc/42/10101.md?p=4) for a [repository](/usc/42/10101.md?p=18) is approved under [section 10132(c) of this title](/usc/42/10132.md?p=c). Such grants may be made to each such [Indian tribe](/usc/42/10101.md?p=15) only for purposes of enabling such [Indian tribe](/usc/42/10101.md?p=15)—
      - (i) to review activities taken under this part with respect to such site for purposes of determining any potential economic, social, public health and safety, and environmental impacts of such [repository](/usc/42/10101.md?p=18) on the [reservation](/usc/42/10101.md?p=19) and its residents;
      - (ii) to develop a request for impact assistance under [paragraph (2)](#b-2);
      - (iii) to engage in any monitoring, testing, or evaluation activities with respect to [site characterization](/usc/42/10101.md?p=21) [programs](/usc/42/274l–1.md?p=4) with regard to such site;
      - (iv) to provide information to the residents of its [reservation](/usc/42/10101.md?p=19) regarding any activities of such [Indian tribe](/usc/42/10101.md?p=15), the [Secretary](/usc/42/10101.md?p=20), or the [Commission](/usc/42/10101.md?p=7) with respect to such site; and
      - (v) to request information from, and make comments and recommendations to, the [Secretary](/usc/42/10101.md?p=20) regarding any activities taken under this part with respect to such site.
    - (B) The amount of [funds](/usc/42/12854.md?p=3) provided to any [affected Indian tribe](/usc/42/10101.md?p=2) under this paragraph in any fiscal year may not exceed 100 percent of the costs incurred by such [Indian tribe](/usc/42/10101.md?p=15) with respect to the activities described in [clauses (i) through (v)](#b-2-A-i..b-2-A-v) of subparagraph (A). Any salary or travel expense that would ordinarily be incurred by such [Indian tribe](/usc/42/10101.md?p=15) may not be considered eligible for funding under this paragraph.
  - (3)
    - (A) The [Secretary](/usc/42/10101.md?p=20) shall provide financial and technical assistance to any [affected Indian tribe](/usc/42/10101.md?p=2) requesting such assistance and where there is a site with respect to which the [Commission](/usc/42/10101.md?p=7) has authorized [construction](/usc/42/7479.md?p=2-C) of a [repository](/usc/42/10101.md?p=18). Such assistance shall be designed to mitigate the impact on such [Indian tribe](/usc/42/10101.md?p=15) of the development of such [repository](/usc/42/10101.md?p=18). Such assistance to such [Indian tribe](/usc/42/10101.md?p=15) shall commence within 6 months following the granting by the [Commission](/usc/42/10101.md?p=7) of a [construction](/usc/42/7479.md?p=2-C) [authorization](/usc/42/4370m.md?p=3) for such [repository](/usc/42/10101.md?p=18) and following the initiation of [construction](/usc/42/7479.md?p=2-C) activities at such site.
    - (B) Any [affected Indian tribe](/usc/42/10101.md?p=2) desiring assistance under this paragraph shall prepare and submit to the [Secretary](/usc/42/10101.md?p=20) 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](/usc/42/10101.md?p=18) at a site on the [reservation](/usc/42/10101.md?p=19) of such [Indian tribe](/usc/42/10101.md?p=15). Such report shall be submitted to the [Secretary](/usc/42/10101.md?p=20) following the completion of [site characterization](/usc/42/10101.md?p=21) activities at such site and before the recommendation of such site to the President by the [Secretary](/usc/42/10101.md?p=20) for application for a [construction](/usc/42/7479.md?p=2-C) [authorization](/usc/42/4370m.md?p=3) for a [repository](/usc/42/10101.md?p=18). As soon as practicable following the granting of a [construction](/usc/42/7479.md?p=2-C) [authorization](/usc/42/4370m.md?p=3) for such [repository](/usc/42/10101.md?p=18), the [Secretary](/usc/42/10101.md?p=20) shall seek to enter into a binding [agreement](/usc/42/1320b–8.md?p=a-3-A) with the [Indian tribe](/usc/42/10101.md?p=15) involved setting forth the amount of assistance to be provided to such [Indian tribe](/usc/42/10101.md?p=15) under this paragraph and the procedures to be followed in providing such assistance.
  - (4) The [Secretary](/usc/42/10101.md?p=20) shall grant to each [affected Indian tribe](/usc/42/10101.md?p=2) where a site for a [repository](/usc/42/10101.md?p=18) is approved under [section 10132(c) of this title](/usc/42/10132.md?p=c) an amount each fiscal year equal to the amount such [Indian tribe](/usc/42/10101.md?p=15) would receive were it authorized to tax [site characterization](/usc/42/10101.md?p=21) activities at such site, and the development and operation of such [repository](/usc/42/10101.md?p=18), as such [Indian tribe](/usc/42/10101.md?p=15) taxes the other commercial activities occurring on such [reservation](/usc/42/10101.md?p=19). Such grants shall continue until such time as all such activities, development, and operation are terminated at such site.
  - (5) [^1] An [affected Indian tribe](/usc/42/10101.md?p=2) may not receive any grant under [paragraph (1)](#b-1) after the expiration of the 1-year period following—
    - (i) the date on which the [Secretary](/usc/42/10101.md?p=20) notifies such [Indian tribe](/usc/42/10101.md?p=15) of the termination of [site characterization](/usc/42/10101.md?p=21) activities at the [candidate site](/usc/42/10101.md?p=4) involved on the [reservation](/usc/42/10101.md?p=19) of such [Indian tribe](/usc/42/10101.md?p=15);
    - (ii) the date on which such site is disapproved under [section 10135 of this title](/usc/42/10135.md);
    - (iii) the date on which the [Commission](/usc/42/10101.md?p=7) disapproves an application for a [construction](/usc/42/7479.md?p=2-C) [authorization](/usc/42/4370m.md?p=3) for a [repository](/usc/42/10101.md?p=18) at such site;[^2]
    - (iv) December 22, 1987;

    whichever occurs first, unless there is another [candidate site](/usc/42/10101.md?p=4) on the [reservation](/usc/42/10101.md?p=19) of such [Indian tribe](/usc/42/10101.md?p=15) that is approved under [section 10132(c) of this title](/usc/42/10132.md?p=c) and with respect to which the actions described in clauses [(i)](#b-5-i), [(ii)](#b-5-ii), and [(iii)](#b-5-iii) have not been taken.

    - (B) An [affected Indian tribe](/usc/42/10101.md?p=2) may not receive any further assistance under [paragraph (2)](#b-2) with respect to a site if [repository](/usc/42/10101.md?p=18) [construction](/usc/42/7479.md?p=2-C) activities at such site are terminated by the [Secretary](/usc/42/10101.md?p=20) or if such activities are permanently enjoined by any court.
    - (C) At the end of the 2-year period beginning on the effective date of any license to receive and possess for a [repository](/usc/42/10101.md?p=18) at a site on the [reservation](/usc/42/10101.md?p=19) of an [affected Indian tribe](/usc/42/10101.md?p=2), no Federal [funds](/usc/42/12854.md?p=3) shall be made available under paragraph [(1)](#b-1) or [(2)](#b-2) to such [Indian tribe](/usc/42/10101.md?p=15), except for—
      - (i) such [funds](/usc/42/12854.md?p=3) as may be necessary to support activities of such [Indian tribe](/usc/42/10101.md?p=15) related to any other [repository](/usc/42/10101.md?p=18) where a license to receive and possess has not been in effect for more than 1 year; and
      - (ii) such [funds](/usc/42/12854.md?p=3) as may be necessary to support activities of such [Indian tribe](/usc/42/10101.md?p=15) pursuant to [agreements](/usc/42/1320b–8.md?p=a-3-A) or contracts for impact assistance entered into, under [paragraph (2)](#b-2), by such [Indian tribe](/usc/42/10101.md?p=15) with the [Secretary](/usc/42/10101.md?p=20) during such 2-year period.
  - (6) Financial assistance authorized in this subsection shall be made out of amounts held in the Nuclear [Waste Fund](/usc/42/10101.md?p=29) established in [section 10222 of this title](/usc/42/10222.md).