118 STAT. 2163 PUBLIC LAW 108–375—OCT. 28, 2004 (B) exceeds concentration limits for Class C low level waste as set out in section 61.55 of title 10, Code of Federal Regula tions, but will be disposed of— (i) in compliance with the performance objectives set out in subpart C of part 61 of title 10, Code of Federal Regulations; (ii) pursuant to a State approved closure plan or State issued permit, authority for the approval or issuance of which is conferred on the State outside of this section; and (iii) pursuant to plans developed by the Secretary in consultation with the Commission. (b) MONITORING BY NUCLEAR REGULATORY COMMISSION.—(1) The Commission shall, in coordination with the covered State, mon itor disposal actions taken by the Department of Energy pursuant to subparagraphs (A) and (B) of subsection (a)(3) for the purpose of assessing compliance with the performance objectives set out in subpart C of part 61 of title 10, Code of Federal Regulations. (2) If the Commission considers any disposal actions taken by the Department of Energy pursuant to those subparagraphs to be not in compliance with those performance objectives, the Commission shall, as soon as practicable after discovery of the noncompliant conditions, inform the Department of Energy, the covered State, and the following congressional committees: (A) The Committee on Armed Services, the Committee on Energy and Commerce, and the Committee on Appropria tions of the House of Representatives. (B) The Committee on Armed Services, the Committee on Energy and Natural Resources, the Committee on Environ ment and Public Works, and the Committee on Appropriations of the Senate. (3) For fiscal year 2005, the Secretary shall, from amounts available for defense site acceleration completion, reimburse the Commission for all expenses, including salaries, that the Commis sion incurs as a result of performance under subsection (a) and this subsection for fiscal year 2005. The Department of Energy and the Commission may enter into an interagency agreement that specifies the method of reimbursement. Amounts received by the Commission for performance under subsection (a) and this subsection may be retained and used for salaries and expenses associated with those activities, notwithstanding section 3302 of title 31, United States Code, and shall remain available until expended. (4) For fiscal years after 2005, the Commission shall include in the budget justification materials submitted to Congress in sup port of the Commission budget for that fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) the amounts required, not offset by reve nues, for performance under subsection (a) and this subsection. (c) INAPPLICABILITY TO CERTAIN MATERIALS.—Subsection (a) shall not apply to any material otherwise covered by that subsection that is transported from the covered State. (d) COVERED STATES.—For purposes of this section, the fol lowing States are covered States: (1) The State of South Carolina. (2) The State of Idaho.
�
