(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) of this section 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) of this section and the site characterization plan described in section 10133(b)(1) of this title. (e) Public availability Each environmental assessment prepared under subsection (a) of this section shall be made available to the public. (f) Evaluation of sites (1) In preparing an environmental assessment under subsection (a) of this section, 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.) 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 section 10243 of this title. 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) of this section, 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.) 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 section 10247 of this title. 810246. Monitored retrievable storage (a) Construction and operation Upon enactment of legislation to implement an agreement negotiated under section 10243(a) of this title to site a monitored retrievable storage facility, the Secretary shall construct and operate such facility as part of an integrated nuclear waste management system in accordance with the terms and conditions of such agreement. (b) Financial assistance The Secretary may make grants to any State, Indian tribe, or affected unit of local government to assess the feasibility of siting a monitored retrievable storage facility under this section at a site under the jurisdiction of such State, tribe, or affected unit of local government. (Pub. L. 97-425, title IV, § 406, 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.) CODIFICATION Pub. L. 100-202 and Pub. L. 100-203 added identical sections. 85-0230-95-16 QL3 § 10247. Environmental impact statement (a) In general Issuance of a construction authorization for a repository or monitored retrievable storage facility under section 10245(b) of this title shall be considered a major Federal action significantly affecting the quality of the human environment for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (b) Preparation A final environmental impact statement shall be prepared by the Secretary under such Act and shall accompany any application to the Nuclear Regulatory Commission for a construction authorization. (c) Adoption (1) Any such environmental impact statement shall, to the extent practicable, be adopted by the Nuclear Regulatory Commission, in accordance with section 1506.3 of title 40, Code of Federal Regulations, in connection with the issuance by the Nuclear Regulatory Commission of a construction authorization and license for such repository or monitored retrievable storage facility. (2)(A) In any such statement prepared with respect to a repository to be constructed under this subchapter at the Yucca Mountain site, the Nuclear Regulatory Commission need not consider the need for a repository, the time of initial availability of a repository, alternate sites to the Yucca Mountain site, or nongeologic alternatives to such site. (B) In any such statement prepared with respect to a repository to be constructed under this subchapter at a site other than the Yucca Mountain site, the Nuclear Regulatory Commission need not consider the need for a repository, the time of initial availability of a repository, or nongeologic alternatives to such site but shall consider the Yucca Mountain site as an alternate to such site in the preparation of such statement. (Pub. L. 97-425, title IV, § 407, 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.) REFERENCES IN TEXT The National Environmental Policy Act of 1969, referred to in subsecs. (a) and (b), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of this title and Tables. CODIFICATION Pub. L. 100-202 and Pub. L. 100-203 added identical sections. § 10248. Administrative powers of Negotiator In carrying out his functions under this subchapter, the Negotiator may (1) appoint such officers and employees as he determines to be necessary and prescribe their duties; (2) obtain services as authorized by section 3109 of title 5, at rates not to exceed the rate prescribed for grade GS-18 of the General Schedule by section 5332 of title 5; (3) promulgate such rules and regulations as may be necessary to carry out such functions; (4) utilize the services, personnel, and facilities of other Federal agencies (subject to the consent of the head of any such agency); (5) for purposes of performing administrative functions under this subchapter, and to the extent funds are appropriated, enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary and on such terms as the Negotiator determines to be appropriate, with any agency or instrumentality of the United States, or with any public or private person or entity; (6) accept voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31; (7) adopt an official seal, which shall be judicially noticed; (8) use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States; (9) hold such hearings as are necessary to determine the views of interested parties and the general public; and (10) appoint advisory committees under the Federal Advisory Committee Act (5 U.S.C. App.). (Pub. L. 97-425, title IV, § 408, 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. 1330-247.) REFERENCES IN TEXT The Federal Advisory Committee Act, referred to in par. (10), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees. CODIFICATION Pub. L. 100-202 and Pub. L. 100-203 added identical sections. REFERENCES IN OTHER LAWS TO GS-16, 17, or 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 of Title 5. § 10249. Cooperation of other departments and agencies Each department, agency, and instrumentality of the United States, including any independent agency, may furnish the Negotiator such information as he determines to be necessary to carry out his functions under this subchapter. (Pub. L. 97-425, title IV, § 409, 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. 1330-247.) CODIFICATION Pub. L. 100-202 and Pub. L. 100-203 added identical sections. § 10250. Termination of Office The Office shall cease to exist not later than 30 days after the date 7 years after December 22, 1987. (Pub. L. 97-425, title IV, § 410, 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. 1330-247; amended Pub. L. 102-486, title VIII, § 802(a), Oct. 24, 1992, 106 Stat. 2923.) CODIFICATION Pub. L. 100-202 and Pub. L. 100-203 added identical sections. AMENDMENTS 1992-Pub. L. 102-486 substituted "7 years" for "5 years". § 10251. Authorization of appropriations Notwithstanding subsection (d) of section 10222 of this title, and subject to subsection (e) of such section, there are authorized to be appropriated for expenditures from amounts in the Waste Fund established in subsection (c) of such section, such sums as may be necessary to carry out the provisions of this subchapter. (Pub. L. 97-425, title IV, § 411, 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. 1330-248.) CODIFICATION Pub. L. 100-202 and Pub. L. 100-203 added identical sections. SUBCHAPTER V-NUCLEAR WASTE TECHNICAL REVIEW BOARD § 10261. Definitions As used in this subchapter: (1) The term "Chairman" means the Chairman of the Nuclear Waste Technical Review Board. (2) The term "Board" means the Nuclear Waste Technical Review Board established under section 10262 of this title. (Pub. L. 97-425, title V, § 501, 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, § 5051, Dec. 22, 1987, 101 Stat. 1330-248.) CODIFICATION Pub. L. 100-202 and Pub. L. 100-203 added identical sections. § 10262. Nuclear Waste Technical Review Board (a) Establishment There is established a Nuclear Waste Technical Review Board that shall be an independent establishment within the executive branch. (b) Members (1) The Board shall consist of 11 members who shall be appointed by the President not later than 90 days after December 22, 1987, from among persons nominated by the National Academy of Sciences in accordance with paragraph (3). (2) The President shall designate a member of the Board to serve as chairman. (3)(A) The National Academy of Sciences shall, not later than 90 days after December 22, 1987, nominate not less than 22 persons for appointment to the Board from among persons who meet the qualifications described in subparagraph (C). (B) The National Academy of Sciences shall nominate not less than 2 persons to fill any vacancy on the Board from among persons who meet the qualifications described in subparagraph (C). (C)(i) Each person nominated for appointment to the Board shall be (I) eminent in a field of science or engineering, including environmental sciences; and (II) selected solely on the basis of established records of distinguished service. (ii) The membership of the Board shall be representative of the broad range of scientific and engineering disciplines related to activities under this subchapter. (iii) No person shall be nominated for appointment to the Board who is an employee of (I) the Department of Energy; (II) a national laboratory under contract with the Department of Energy; or (III) an entity performing high-level radioactive waste or spent nuclear fuel activities under contract with the Department of Energy. (4) Any vacancy on the Board shall be filled by the nomination and appointment process described in paragraphs (1) and (3). (5) Members of the Board shall be appointed for terms of 4 years, each such term to commence 120 days after December 22, 1987, except that of the 11 members first appointed to the Board, 5 shall serve for 2 years and 6 shall serve for 4 years, to be designated by the President at the time of appointment. (Pub. L. 97-425, title V, § 502, 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, 5051, Dec. 22, 1987, 101 Stat. 1330-248.) 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 section 10261 of this title. § 10263. Functions The Board shall evaluate the technical and scientific validity of activities undertaken by the Secretary after December 22, 1987, including (1) site characterization activities; and (2) activities relating to the packaging or transportation of high-level radioactive waste or spent nuclear fuel. (Pub. L. 97-425, title V, § 503, 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, 5051, Dec. 22, 1987, 101 Stat. 1330-249.) CODIFICATION Pub. L. 100-202 and Pub. L. 100-203 added identical sections. § 10264. Investigatory powers (a) Hearings Upon request of the Chairman or a majority of the members of the Board, the Board may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Board considers appropriate. Any member of the Board may administer oaths or affirmations to witnesses appearing before the Board. (b) Production of documents (1) Upon the request of the Chairman or a majority of the members of the Board, and subject to existing law, the Secretary (or any contractor of the Secretary) shall provide the Board with such records, files, papers, data, or information as may be necessary to respond to any inquiry of the Board under this subchapter. (2) Subject to existing law, information obtainable under paragraph (1) shall not be limited to final work products of the Secretary, but shall include drafts of such products and documentation of work in progress. (Pub. L. 97-425, title V, § 504, 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, § 5051, Dec. 22, 1987, 101 Stat. 1330-249.) CODIFICATION Pub. L. 100-202 and Pub. L. 100-203 added identical sections. § 10265. Compensation of members (a) In general Each member of the Board shall be paid at the rate of pay payable for level III of the Executive Schedule for each day (including travel time) such member is engaged in the work of the Board. (b) Travel expenses Each member of the Board may receive travel expenses, including per diem in lieu of subsistence, in the same manner as is permitted under sections 5702 and 5703 of title 5. (Pub. L. 97-425, title V, § 505, 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, 5051, Dec. 22, 1987, 101 Stat. 1330-249.) REFERENCES IN TEXT Level III of the Executive Schedule, referred to in subsec. (a), is set out in section 5314 of Title 5, Government Organization and Employees. CODIFICATION Pub. L. 100-202 and Pub. L. 100-203 added identical sections. 810266. Staff (a) Clerical staff (1) Subject to paragraph (2), the Chairman may appoint and fix the compensation of such clerical staff as may be necessary to discharge the responsibilities of the Board. (2) Clerical staff shall be appointed subject to the provisions of title 5 governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (b) Professional staff (1) Subject to paragraphs (2) and (3), the Chairman may appoint and fix the compensation of such professional staff as may be necessary to discharge the responsibilities of the Board. (2) Not more than 10 professional staff members may be appointed under this subsection. (3) Professional staff members may be appointed without regard to the provisions of title 5 governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for GS-18 of the General Schedule. (Pub. L. 97–425, title V, § 506, 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, § 5051, Dec. 22, 1987, 101 Stat. 1330-249.) REFERENCES IN TEXT The provisions of title 5 governing appointments in the competitive service, referred to in subsecs. (a)(2) and (b)(3), are classified generally to section 3301 et seq. of Title 5, Government Organization and Employ ees. CODIFICATION Pub. L. 100-202 and Pub. L. 100-203 added identical sections. REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. § 10267. Support services (a) General services To the extent permitted by law and requested by the Chairman, the Administrator of General Services shall provide the Board with necessary administrative services, facilities, and support on a reimbursable basis. (b) Accounting, research, and technology assessment services The Comptroller General, the Librarian of Congress, and the Director of the Office of Technology Assessment shall, to the extent permitted by law and subject to the availability of funds, provide the Board with such facilities, support, funds and services, including staff, as may be necessary for the effective performance of the functions of the Board. (c) Additional support Upon the request of the Chairman, the Board may secure directly from the head of any department or agency of the United States information necessary to enable it to carry out this subchapter. (d) Mails The Board may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Experts and consultants Subject to such rules as may be prescribed by the Board, the Chairman may procure temporary and intermittent services under section 3109(b) of title 5, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS-18 of the General Schedule. (Pub. L. 97-425, title V, § 507, 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, 5051, Dec. 22, 1987, 101 Stat. 1330-250.) CODIFICATION Pub. L. 100-202 and Pub. L. 100-203 added identical sections. REFERENCES IN OTHER LAWS TO GS-16, 17, or 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 of Title 5. § 10268. Report The Board shall report not less than 2 times per year to Congress and the Secretary its findings, conclusions, and recommendations. The first such report shall be submitted not later than 12 months after December 22, 1987. (Pub. L. 97-425, title V, § 508, 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, § 5051, Dec. 22, 1987, 101 Stat. 1330-250.) CODIFICATION Pub. L. 100-202 and Pub. L. 100-203 added identical sections. § 10269. Authorization of appropriations Notwithstanding subsection (d) of section 10222 of this title, and subject to subsection (e) of such section, there are authorized to be appropriated for expenditures from amounts in the Waste Fund established in subsection (c) of such section such sums as may be necessary to carry out the provisions of this subchapter. (Pub. L. 97-425, title V, § 509, 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, § 5051, Dec. 22, 1987, 101 Stat. 1330-251.) CODIFICATION Pub. L. 100-202 and Pub. L. 100-203 added identical sections. § 10270. Termination of Board The Board shall cease to exist not later than 1 year after the date on which the Secretary begins disposal of high-level radioactive waste or spent nuclear fuel in a repository. (Pub. L. 97-425, title V, § 510, 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, § 5051, Dec. 22, 1987, 101 Stat. 1330-251.) CODIFICATION Pub. L. 100-202 and Pub. L. 100-203 added identical sections. CHAPTER 109-WATER RESOURCES RESEARCH Sec. 10301. 10302. 10303. 10304. 10305. 10306. 10307. 10308. 10309. Congressional findings and declarations. (a) Establishment; designation of site by (b) Scope of research; other activities; cooperation and coordination. (c) Grants; matching funds. (d) Submission and approval of water research program; requisite assur ances. (e) Evaluation of water resources research program. (f) Authorization of appropriations in general. (g) Additional appropriations where research focused on water problems of interstate nature. Research concerning water resource-related problems deemed to be in national interest. (a) Grants; matching funds. (b) Applications for grants. (c) Authorization of appropriations. Development of water-related technology. (a) Grants; matching funds. (b) Applications for grants. (c) Authorization of appropriations. Administrative costs. Types of research and development. New spending authority; amounts provided § 10301. Congressional findings and declarations The Congress finds and declares that (1) the existence of an adequate supply of water of good quality for the production of materials and energy for the Nation's needs and for the efficient use of the Nation's energy and water resources is essential to national economic stability and growth, and to the well-being of the people; (2) the management of water resources is closely related to maintaining environmental quality and social well-being; (3) there is an increasing threat of impairment to the quantity and quality of surface and groundwater resources; |