dreamproit/uscode huggingface dataset:
42 U.S.C. § 10173 (THE PUBLIC HEALTH AND WELFARE)
§ 10173. Benefits agreements
(a) In general
(1) The Secretary may enter into a benefits agreement with the State of Nevada concerning a repository or with a State or an Indian tribe concerning a monitored retrievable storage facility for the acceptance of high-level radioactive waste or spent nuclear fuel in that State or on the reservation of that tribe, as appropriate.
(2) The State or Indian tribe may enter into such an agreement only if the State Attorney General or the appropriate governing authority of the Indian tribe or the Secretary of the Interior, in the absence of an appropriate governing authority, as appropriate, certifies to the satisfaction of the Secretary that the laws of the State or Indian tribe provide adequate authority for that entity to enter into the benefits agreement.
(3) Any benefits agreement with a State under this section shall be negotiated in consultation with affected units of local government in such State.
(4) Benefits and payments under this part may be made available only in accordance with a benefits agreement under this section.
(b) Amendment
A benefits agreement entered into under subsection (a) may be amended only by the mutual consent of the parties to the agreement and terminated only in accordance with section 10173c of this title.
(c) Agreement with Nevada
The Secretary shall offer to enter into a benefits agreement with the Governor of Nevada. Any benefits agreement with a State under this subsection shall be negotiated in consultation with any affected units of local government in such State.
(d) Monitored retrievable storage
The Secretary shall offer to enter into a benefits agreement relating to a monitored retrievable storage facility with the governing body of the Indian tribe on whose reservation the site for such facility is located, or, if the site is not located on a reservation, with the Governor of the State in which the site is located and in consultation with affected units of local government in such State.
(e) Limitation
Only one benefits agreement for a repository and only one benefits agreement for a monitored retrievable storage facility may be in effect at any one time.
(f) Judicial review
Decisions of the Secretary under this section are not subject to judicial review.
(Pub. L. 97–425, title I, § 170, 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. 1330–237.)
heading: Codification
text: Pub. L. 100–202 and Pub. L. 100–203 added identical sections.
42 U.S.C. § 10174a (THE PUBLIC HEALTH AND WELFARE)
§ 10174a. Report
(a) In general
Within one year of December 22, 1987, the Secretary shall report to Congress on the potential impacts of locating a repository at the Yucca Mountain site, including the recommendations of the Secretary for mitigation of such impacts and a statement of which impacts should be dealt with by the Federal Government, which should be dealt with by the State with State resources, including the benefits payments under section 10173a of this title, and which should be a joint Federal-State responsibility. The report under this subsection shall include the analysis of the Secretary of the authorities available to mitigate these impacts and the appropriate sources of funds for such mitigation.
(b) Impacts to be considered
Potential impacts to be addressed in the report under this 1 subsection (a) shall include impacts on—
(1) education, including facilities and personnel for elementary and secondary schools, community colleges, vocational and technical schools and universities;
(2) public health, including the facilities and personnel for treatment and distribution of water, the treatment of sewage, the control of pests and the disposal of solid waste;
(3) law enforcement, including facilities and personnel for the courts, police and sheriff’s departments, district attorneys and public defenders and prisons;
(4) fire protection, including personnel, the construction of fire stations, and the acquisition of equipment;
(5) medical care, including emergency services and hospitals;
(6) cultural and recreational needs, including facilities and personnel for libraries and museums and the acquisition and expansion of parks;
(7) distribution of public lands to allow for the timely expansion of existing, or creation of new, communities and the construction of necessary residential and commercial facilities;
(8) vocational training and employment services;
(9) social services, including public assistance programs, vocational and physical rehabilitation programs, mental health services, and programs relating to the abuse of alcohol and controlled substances;
(10) transportation, including any roads, terminals, airports, bridges, or railways associated with the facility and the repair and maintenance of roads, terminals, airports, bridges, or railways damaged as a result of the construction, operation, and closure of the facility;
(11) equipment and training for State and local personnel in the management of accidents involving high-level radioactive waste;
(12) availability of energy;
(13) tourism and economic development, including the potential loss of revenue and future economic growth; and
(14) other needs of the State and local governments that would not have arisen but for the characterization of the site and the construction, operation, and eventual closure of the repository facility.
(Pub. L. 97–425, title I, § 175, 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. 1330–240.)
heading: Codification
text: Pub. L. 100–202 and Pub. L. 100–203 added identical sections.
42 U.S.C. § 10175 (THE PUBLIC HEALTH AND WELFARE)
§ 10175. Transportation
(a) Packaging
No spent nuclear fuel or high-level radioactive waste may be transported by or for the Secretary under part A or under part C except in packages that have been certified for such purpose by the Commission.
(b) Advance notification
The Secretary shall abide by regulations of the Commission regarding advance notification of State and local governments prior to transportation of spent nuclear fuel or high-level radioactive waste under part A or under part C.
(c) Training for public safety officials
The Secretary shall provide technical assistance and funds to States for training for public safety officials of appropriate units of local government and Indian tribes through whose jurisdiction the Secretary plans to transport spent nuclear fuel or high-level radioactive waste under part A or under part C. Training shall cover procedures required for safe routine transportation of these materials, as well as procedures for dealing with emergency response situations. The Waste Fund shall be the source of funds for work carried out under this subsection.
(Pub. L. 97–425, title I, § 180, 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, § 5061, Dec. 22, 1987, 101 Stat. 1330–251.)
heading: Codification
text: Pub. L. 100–202 and Pub. L. 100–203 added identical sections.
42 U.S.C. § 10194 (THE PUBLIC HEALTH AND WELFARE)
§ 10194. Siting research and related activities
(a) In general
Not later than 30 months after the date on which the Secretary completes the identification of sites under section 10193 of this title, the Secretary is authorized to complete sufficient evaluation of 3 sites to select a site for expanded siting research activities and for other activities under section 10198 of this title. The Secretary is authorized to conduct such preconstruction activities relative to such site selection for the test and evaluation facility as he deems appropriate. Additional sites for the location of the test and evaluation facility authorized in section 10222(d) of this title may be evaluated after such 30-month period, following the same procedures as if such sites were to be evaluated within such period.
(b) Public meetings and environmental assessment
Not later than 6 months after the date on which the Secretary completes the identification of sites under section 10193 of this title, and before beginning siting research activities, the Secretary shall hold at least 1 public meeting in the vicinity of each site to inform the residents of the area of the activities to be conducted at such site and to receive their views.
(c) Restrictions
Except as provided in section 10198 of this title with respect to a test and evaluation facility, in conducting siting research activities pursuant to subsection (a)—
(1) the Secretary shall use the minimum quantity of high-level radioactive waste or other radioactive materials, if any, necessary to achieve the test or research objectives;
(2) the Secretary shall ensure that any radioactive material used or placed on a site shall be fully retrievable; and
(3) upon termination of siting research activities at a site for any reason, the Secretary shall remove any radioactive material at or in the site as promptly as practicable.
(d) Title to material
The Secretary may take title, in the name of the Federal Government, to the high-level radioactive waste, spent nuclear fuel, or other radioactive material emplaced in a test and evaluation facility. If the Secretary takes title to any such material, the Secretary shall enter into the appropriate financial arrangements described in subsection (a) or (b) of section 10222 of this title for the disposal of such material.
(Pub. L. 97–425, title II, § 214, Jan. 7, 1983, 96 Stat. 2247.)
42 U.S.C. § 10199 (THE PUBLIC HEALTH AND WELFARE)
§ 10199. Payments to States and Indian tribes
(a) Payments
Subject to subsection (b), the Secretary shall make payments to each State or affected Indian tribe that has entered into an agreement pursuant to section 10195 of this title. The Secretary shall pay an amount equal to 100 percent of the expenses incurred by such State or Indian tribe in engaging in any monitoring, testing, evaluation, or other consultation and cooperation activity under section 10195 of this title with respect to any site. The amount paid by the Secretary under this paragraph shall not exceed $3,000,000 per year from the date on which the site involved was identified to the date on which the decontamination and decommission of the facility is complete pursuant to section 10197(h) of this title. Any such payment may only be made to a State in which a potential site for a test and evaluation facility has been identified under section 10193 of this title, or to an affected Indian tribe where the potential site has been identified under such section.
(b) Limitation
The Secretary shall make any payment to a State under subsection (a) only if such State agrees to provide, to each unit of general local government within the jurisdictional boundaries of which the potential site or effectively selected site involved is located, at least one-tenth of the payments made by the Secretary to such State under such subsection. A State or affected Indian tribe receiving any payment under subsection (a) shall otherwise have discretion to use such payment for whatever purpose it deems necessary, including the State or tribal activities pursuant to agreements entered into in accordance with section 10195 of this title. Annual payments shall be prorated on a 365-day basis to the specified dates.
(Pub. L. 97–425, title II, § 219, Jan. 7, 1983, 96 Stat. 2253.)
42 U.S.C. § 10225 (THE PUBLIC HEALTH AND WELFARE)
§ 10225. Location of test and evaluation facility
(a) Report to Congress
Not later than 1 year after January 7, 1983, the Secretary shall transmit to the Congress a report setting forth whether the Secretary plans to locate the test and evaluation facility at the site of a repository.
(b) Procedures
(1) If the test and evaluation facility is to be located at any candidate site or repository site (A) site selection and development of such facility shall be conducted in accordance with the procedures and requirements established in subchapter I with respect to the site selection and development of repositories; and (B) the Secretary may not commence construction of any surface facility for such test and evaluation facility prior to issuance by the Commission of a construction authorization for a repository at the site involved.
(2) No test and evaluation facility may be converted into a repository unless site selection and development of such facility was conducted in accordance with the procedures and requirements established in subchapter I with respect to the site selection and development of respositories.1
(3) The Secretary may not commence construction of a test and evaluation facility at a candidate site or site recommended as the location for a repository prior to the date on which the designation of such site is effective under section 10135 of this title.
(Pub. L. 97–425, title III, § 305, Jan. 7, 1983, 96 Stat. 2262.)
42 U.S.C. § 10244 (THE PUBLIC HEALTH AND WELFARE)
§ 10244. Environmental assessment of sites
(a) In general
Upon the request of the Negotiator, the Secretary shall prepare an environmental assessment of any site that is the subject of negotiations under section 10243(a) of this title.
(b) Contents
(1) Each environmental assessment prepared for a repository site shall include a detailed statement of the probable impacts of characterizing such site and the construction and operation of a repository at such site.
(2) Each environmental assessment prepared for a monitored retrievable storage facility site shall include a detailed statement of the probable impacts of construction and operation of such a facility at such site.
(c) Judicial review
The issuance of an environmental assessment under subsection (a) shall be considered to be a final agency action subject to judicial review in accordance with the provisions of chapter 7 of title 5 and section 10139 of this title.
(d) Public hearings
(1) In preparing an environmental assessment for any repository or monitored retrievable storage facility site, the Secretary shall hold public hearings in the vicinity of such site to inform the residents of the area in which such site is located that such site is being considered and to receive their comments.
(2) At such hearings, the Secretary shall solicit and receive any recommendations of such residents with respect to issues that should be addressed in the environmental assessment required under subsection (a) and the site characterization plan described in section 10133(b)(1) of this title.
(e) Public availability
Each environmental assessment prepared under subsection (a) shall be made available to the public.
(f) Evaluation of sites
(1) In preparing an environmental assessment under subsection (a), the Secretary shall use available geophysical, geologic, geochemical and hydrologic, and other information and shall not conduct any preliminary borings or excavations at any site that is the subject of such assessment unless—
(A) such preliminary boring or excavation activities were in progress on or before December 22, 1987; or
(B) the Secretary certifies that, in the absence of preliminary borings or excavations, adequate information will not be available to satisfy the requirements of this chapter or any other law.
(2) No preliminary boring or excavation conducted under this section shall exceed a diameter of 40 inches.
(Pub. L. 97–425, title IV, § 404, as added Pub. L. 100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5041, Dec. 22, 1987, 101 Stat. 1330–245.)
heading: Codification
text: Pub. L. 100–202 and Pub. L. 100–203 added identical sections.
42 U.S.C. § 10245 (THE PUBLIC HEALTH AND WELFARE)
§ 10245. Site characterization; licensing
(a) Site characterization
Upon enactment of legislation to implement an agreement to site a repository negotiated under section 10243(a) of this title, the Secretary shall conduct appropriate site characterization activities for the site that is the subject of such agreement subject to the conditions and terms of such agreement. Any such site characterization activities shall be conducted in accordance with section 10133 of this title, except that references in such section to the Yucca Mountain site and the State of Nevada shall be deemed to refer to the site that is the subject of the agreement and the State or Indian tribe entering into the agreement.
(b) Licensing
(1) Upon the completion of site characterization activities carried out under subsection (a), the Secretary shall submit to the Nuclear Regulatory Commission an application for construction authorization for a repository at such site.
(2) The Nuclear Regulatory Commission shall consider an application for a construction authorization for a repository or monitored retrievable storage facility in accordance with the laws applicable to such applications, except that the Nuclear Regulatory Commission shall issue a final decision approving or disapproving the issuance of a construction authorization not later than 3 years after the date of the submission of such application.
(Pub. L. 97–425, title IV, § 405, as added Pub. L. 100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5041, Dec. 22, 1987, 101 Stat. 1330–246.)
heading: Codification
text: Pub. L. 100–202 and Pub. L. 100–203 added identical sections.
42 U.S.C. § 10409 (THE PUBLIC HEALTH AND WELFARE)
§ 10409. Grants for Indian tribes
(a) Grants authorized
The Secretary, in consultation with tribal governments pursuant to Executive Order No. 13175 (25 U.S.C. 450 note) 1 and in accordance with section 14045d of this title, shall continue to award grants for Indian tribes from amounts appropriated under section 10403(a)(2)(B) of this title to carry out this section.
(b) Eligible entities
To be eligible to receive a grant under this section, an entity shall be an Indian tribe, or a tribal organization or nonprofit private organization authorized by an Indian tribe. An Indian tribe shall have the option to authorize a tribal organization or a nonprofit private organization to submit an application and administer the grant funds awarded under this section.
(c) Conditions
Each recipient of such a grant shall comply with requirements that are consistent with the requirements applicable to grantees under section 10406 of this title.
(d) Grantee application
To be eligible to receive a grant under this section, an entity shall submit an application to the Secretary under section 10407 of this title at such time, in such manner, and containing such information as the Secretary determines to be essential to carry out the objectives and provisions of this chapter. The Secretary shall approve any application that meets requirements consistent with the requirements of section 10406(c) of this title and section 10407(a) of this title.
(e) Use of funds
An amount provided under a grant to an eligible entity shall be used for the services described in section 10408(b) of this title.
(Pub. L. 98–457, title III, § 309, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3496.)
heading: References in Text
text: Executive Order No. 13175, referred to in subsec. (a), was set out as a note under section 450 of Title 25, Indians, prior to editorial reclassification as a note under section 5301 of Title 25.
heading: Prior Provisions
text: A prior section 10409, Pub. L. 98–457, title III, § 310, Oct. 9, 1984, 98 Stat. 1763; Pub. L. 100–294, title III, § 301, Apr. 25, 1988, 102 Stat. 124; Pub. L. 102–295, title III, § 316, May 28, 1992, 106 Stat. 206; Pub. L. 103–322, title IV, § 40241, Sept. 13, 1994, 108 Stat. 1934; Pub. L. 104–235, title II, § 203, Oct. 3, 1996, 110 Stat. 3089; Pub. L. 106–386, div. B, title II, § 1202(a), Oct. 28, 2000, 114 Stat. 1505; Pub. L. 108–36, title IV, § 406(a), (b), June 25, 2003, 117 Stat. 827, related to authorization of appropriations, prior to the general amendment of this chapter by Pub. L. 111–320. See section 10403 of this title.
A prior section 309 of Pub. L. 98–457 was renumbered section 320 and transferred to section 10421 of this title prior to the general amendment of this chapter by Pub. L. 111–320.
42 U.S.C. § 10504 (THE PUBLIC HEALTH AND WELFARE)
§ 10504. Prohibition of discrimination
(a) Federally assisted emergency assistance activities
No person in any State shall, on the ground of race, color, religion, national origin, or sex, be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in connection with any activity for which Federal law enforcement assistance is provided under this chapter.
(b) Provisions of section 3789d(c)(3) and (4) of this title applicable to violations
Paragraph (3) and paragraph (4) of section 3789d(c) of this title shall apply with respect to a violation of subsection (a), except that the terms “this section” and “paragraph (1)”, as such terms appear in such paragraphs, shall be deemed to be references to subsection (a) of this section, and a reference to the Office of Justice Programs in such paragraphs shall be deemed to be a reference to the Attorney General.
(Pub. L. 98–473, title II, § 609P, Oct. 12, 1984, 98 Stat. 2105.)
42 U.S.C. § 10507 (THE PUBLIC HEALTH AND WELFARE)
§ 10507. Repayment
(a) Violation of conditions; amount
If Federal law enforcement assistance provided under this chapter is used by the recipient of such assistance in violation of section 10504 1 of this title or for any purpose other than the purpose for which it is provided, then such recipient shall promptly repay to the Attorney General an amount equal to the value of such assistance.
(b) Civil action
The Attorney General may bring a civil action in an appropriate United States district court to recover any amount required to be repaid under subsection (a).
(Pub. L. 98–473, title II, § 609S, Oct. 12, 1984, 98 Stat. 2106.)
heading: References in Text
text: Section 10504 of this title, referred to in subsec. (a), was in the original a reference to “section 554”, and was translated as if it had been a reference to section 609P of Pub. L. 98–473, which is classified to section 10504 of this title to reflect the probable intent of Congress as manifested in earlier versions of Emergency Federal Law Enforcement Assistance provisions introduced in the Congress. Pub. L. 98–473 does not contain a section 554.