BENEFITS.

SEC. 5031. BENEFITS. Title I of the Nuclear Waste Policy Act of 1982 is further amended by adding at the end the following new subtitles: 101 STAT. 1330–237 “Subtitle F-Benefits “benefits agreements “Sec. 170. (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 subtitle 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 173. “(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. “content of agreements “SEC. 171. (a) In General.— (1) In addition to the benefits to which a State, an affected unit of local government or Indian tribe is entitled under title I, the Secretary shall make payments to a State or Indian tribe that is a party to a benefits agreement under section 170 in accordance with the following schedule: 101 STAT. 1330–238 “BENEFITS SCHEDULE (amounts in $ millions) Event MRS Repository (A) Annual payments prior to first spent fuel receipt ......................... 5 10 (B) Upon first spent fuel receipt ......................... 10 20 (C) Annual payments after first spent fuel receipt until closure of the facility ......................... 10 20 “(2) For purposes of this section, the term— “(A) ‘MRS’ means a monitored retrievable storage facility, “(B) ‘spent fuel’ means high-level radioactive waste or spent nuclear fuel, and “(C) ‘first spent fuel receipt’ does not include receipt of spent fuel or high-level radioactive waste for purposes of testing or operational demonstration. “(3) Annual payments prior to first spent fuel receipt under paragraph (1)(A) shall be made on the date of execution of the benefits agreement and thereafter on the anniversary date of such execution. Annual payments after the first spent fuel receipt until closure of the facility under paragraph (1)(C) shall be made on the anniversary date of such first spent fuel receipt. “(4) If the first spent fuel payment under paragraph (1)(B) is made within six months after the last annual payment prior to the receipt of spent fuel under paragraph (1)(A), such first spent fuel payment under paragraph (1)(B) shall be reduced by an amount equal to one-twelfth of such annual payment under paragraph (1)(A) for each full month less than six that has not elapsed since the last annual payment under paragraph (1)(A). “(5) Notwithstanding paragraph (1), (2), or (3), no payment under this section may be made before January 1, 1989, and any payment due under this title before January 1, 1989, shall be made on or after such date. “(6) Except as provided in paragraph (7), the Secretary may not restrict the purposes for which the payments under this section may be used. “(7) (A) Any State receiving a payment under this section shall transfer an amount equal to not less than one-third of the amount of such payment to affected units of local government of such State. “(B) A plan for this transfer and appropriate allocation of such portion among such governments shall be included in the benefits agreement under section 170 covering such payments. “(C) In the event of a dispute concerning such plan, the Secretary shall resolve such dispute, consistent with this Act and applicable State law. “(b) Contents.— A benefits agreement under section 170 shall provide that— “(1) a Review Panel be established in accordance with section 172; “(2) the State or Indian tribe that is party to such agreement waive its rights under title I to disapprove the recommendation of a site for a repository; “(3) the parties to the agreement shall share with one another information relevant to the licensing process for the repository or monitored retrievable storage facility, as it becomes available; 101 STAT. 1330–239 “(4) the State or Indian tribe that is party to such agreement participate in the design of the repository or monitored retrievable storage facility and in the preparation of documents required under law or regulation governing the effects of the facility on the public health and safety; and “(5) the State or Indian tribe waive its rights, if any, to impact assistance under sections 116(c)(1)(B)(ii), 116(c)(2), 118(b)(2)(A)(ii), and 118(b)(3). “(c) The Secretary shall make payments to the States or affected Indian tribes under a benefits agreement under this section from the Waste Fund. The signature of the Secretary on a valid benefits agreement under section 170 shall constitute a commitment by the United States to make payments in accordance with such agreement. “review panel “Sec. 172. (a) In General.— The Review Panel required to be established by section 171(b)(1) of this Act 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: “(1) 2 members selected by the Governor of such State or governing body of such Indian tribe; “(2) 2 members selected by units of local government affected by the repository or monitored retrievable storage facility; “(3) 1 member to represent persons making payments into the Waste Fund, to be selected by the Secretary; and “(4) 1 member to represent other public interests, to be selected by the Secretary. “(b) Terms.— (1) The members of the Review Panel shall serve for terms of 4 years each. “(2) 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. “(3) Expenses of the Panel shall be paid by the Secretary from the Waste Fund. “(c) Duties.— The Review Panel shall— “(1) 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; “(2) evaluate performance of the repository or monitored retrievable storage facility, as it considers appropriate; “(3) recommend corrective actions to the Secretary; “(4) assist in the presentation of State or affected Indian tribe and local perspectives to the Secretary; and “(5) participate in the planning for and the review of preoperational data on environmental, demographic, and socioeconomic conditions of the site and the local community. “(d) Information.— The Secretary shall promptly make available promptly any information in the Secretary’s possession requested by the Panel or its Chairman. “(e) Federal Advisory Committee Act.— The requirements of the Federal Advisory Committee Act shall not apply to a Review Panel established under this title. 101 STAT. 1330–240 “termination “Sec. 173. (a) In General.— The Secretary may terminate a benefits agreement under this title if— “(1) the site under consideration is disqualified for its failure to comply with guidelines and technical requirements established by t he Secretary in accordance with this Act; or “(2) the Secretary determines that the Commission cannot license the facility within a reasonable time. “(b) Termination by State or Indian Tribe.— A State or Indian tribe may terminate a benefits agreement under this title only if the Secretary disqualifies the site under consideration for its failure to comply with technical requirements established by the Secretary in accordance with this Act or the Secretary determines that the Commission cannot license the facility within a reasonable time. “(c) Decisions of the Secretary.— Decisions of the Secretary under this section shall be in writing, shall be available to Congress and the public, and are not subject to judicial review. Subtitle G—Other Benefits consideration in siting facilities “Sec. 174. The Secretary, in siting Federal research projects, shall give special consideration to proposals from States where a repository is located. “report “Sec. 175. (a) In General.— Within one year of the date of the enactment of the Nuclear Waste Policy Amendments Act of 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 171, 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 Be7676Copy read “to Be” Considered.— Potential impacts to be addressed in the report under this 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 sheriffs 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; 101 STAT. 1330–241 “(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.”.