PUBLIC LAW 97-425—JAN. 7, 1983
96 STAT. 2243
information regarding alternative technologies for the storage of spent nuclear fuel and high-level radioactive waste. The Secretary Submittal to shall submit such environmental assessment to the Congress at the Congress. time such proposal is submitted. (2) If the Congress by law, after review of the proposal submitted by the Secretary under subsection (b), specifically authorizes construction of a monitored retrievable storage facility, the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply with respect to construction of such facility, except that any environmental impact statement prepared with respect to such facility shall not be required to consider the need for such facility or any alternative to the design criteria for such facility set forth in subsection (b)(1)(d) LICENSING.—Any facility authorized pursuant to this section shall be subject to licensing under section 202(3) of the Energy Reorganization Act of 1974 (42 U.S.C. 5842(3)). In reviewing the application filed by the Secretary for licensing of the first such facility, the Commission may not consider the need for such facility or any alternative to the design criteria for such facility set forth in subsection (b)(1). (e) CLARIFICATION.—Nothing in this section limits the consideration of alternative facility designs consistent with the criteria of paragraph (b)(1) in any environmental impact statement, or in any licensing procedure of the Commission, with respect to any monitored, retrievable facility authorized pursuant to this section. (f) IMPACT ASSISTANCE.—(1) Upon receipt by the Secretary of Payments. congressional authorization to construct a facility described in subsection (b), the Secretary shall commence making annual impact aid payments to appropriate units of general local government in order to mitigate any social or economic impacts resulting from the construction and subsequent operation of any such facility within the jurisdictional boundaries of any such unit. (2) Payments made available to units of general local government under this subsection shall be— (A) allocated in a fair and equitable manner, with priority given to units of general local government determined by the Secretary to be most severely affected; and (B) utilized by units of general local government only for planning, construction, maintenance, and provision of public services related to the siting of such facility. (3) Such payments shall be subject to such terms and conditions as the Secretary determines are necessary to ensure achievement of the purposes of this subsection. The Secretary shall issue such Regulations. regulations as may be necessary to carry out the provisions of this subsection. (4) Such payments shall be made available entirely from funds held in the Nuclear Waste Fund established in section 302(c) and shall be available only to the extent provided in advance in appropriation Acts. (5) The Secretary may consult with appropriate units of general Consultations. local government in advance of commencement of construction of any such facility in an effort to determine the level of payments each such unit is eligible to receive under this subsection. (g) LIMITATION.—No monitored retrievable storage facility developed pursuant to this section may be constructed in any State in which there is located any site approved for site characterization under section 112. The restriction in the preceding sentence shall Ante, p. 2208.
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