§ 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 located on the reservation of an affected Indian tribe, the governing body of such Indian tribe may disapprove the site designation and submit to the Congress a notice of disapproval. The governing body of such Indian tribe 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. 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 disapproved the recommended repository site involved.
(b)
Financial assistance
(1)
The Secretary shall make grants to each affected tribe notified under section
10136
(a) of this title for the purpose of participating in activities required by section
10137 of this title or authorized by written agreement entered into pursuant to section
10137
(c) of this title. 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 shall make grants to each affected Indian tribe where a candidate site for a repository is approved under section
10132
(c) of this title. Such grants may be made to each such Indian tribe only for purposes of enabling such Indian tribe—
(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 on the reservation and its residents;
(iii)
to engage in any monitoring, testing, or evaluation activities with respect to site characterization programs with regard to such site;
(B)
The amount of funds provided to any affected Indian tribe under this paragraph in any fiscal year may not exceed 100 percent of the costs incurred by such Indian tribe with respect to the activities described in clauses (i) through (v) of subparagraph (A). Any salary or travel expense that would ordinarily be incurred by such Indian tribe may not be considered eligible for funding under this paragraph.
(3)
(A)
The Secretary shall provide financial and technical assistance to any affected Indian tribe requesting such assistance and where there is a site with respect to which the Commission has authorized construction of a repository. Such assistance shall be designed to mitigate the impact on such Indian tribe of the development of such repository. Such assistance to such Indian tribe shall commence within 6 months following the granting by the Commission of a construction authorization for such repository and following the initiation of construction activities at such site.
(B)
Any affected Indian tribe desiring assistance under this paragraph shall prepare and submit to the Secretary 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 at a site on the reservation of such Indian tribe. Such report shall be submitted to the Secretary following the completion of site characterization activities at such site and before the recommendation of such site to the President by the Secretary for application for a construction authorization for a repository. As soon as practicable following the granting of a construction authorization for such repository, the Secretary shall seek to enter into a binding agreement with the Indian tribe involved setting forth the amount of assistance to be provided to such Indian tribe under this paragraph and the procedures to be followed in providing such assistance.
(4)
The Secretary shall grant to each affected Indian tribe where a site for a repository is approved under section
10132
(c) of this title an amount each fiscal year equal to the amount such Indian tribe would receive were it authorized to tax site characterization activities at such site, and the development and operation of such repository, as such Indian tribe taxes the other commercial activities occurring on such reservation. 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 may not receive any grant under paragraph (1) after the expiration of the 1-year period following—
(i)
the date on which the Secretary notifies such Indian tribe of the termination of site characterization activities at the candidate site involved on the reservation of such Indian tribe;
(iii)
the date on which the Commission disapproves an application for a construction authorization for a repository at such site; [2]
(iv)
December 22, 1987;
whichever occurs first, unless there is another candidate site on the reservation of such Indian tribe that is approved under section
10132
(c) of this title and with respect to which the actions described in clauses (i), (ii), and (iii) have not been taken.
(6)
Financial assistance authorized in this subsection shall be made out of amounts held in the Nuclear Waste Fund established in section
10222 of this title.
[1] So in original. Probably should be designated “(5)(A)”.
[2] So in original. Probably should be followed by “or”.