Page:United States Statutes at Large Volume 99 Part 2.djvu/739

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PUBLIC LAW 99-000—MMMM. DD, 1985

PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1849

paragraph is required to permit unusual or unexpected operating, maintenance, repair or safety activities. "(B) The Secretary may not make allocations pursuant to Prohibition, subparagraph (A) that would result in the acceptance for disposal of more than 800,000 cubic feet of low-level radioactive waste or would result in the total of the allocations made pursuant to this subsection exceeding 11,900,000 cubic feet over the entire seven-year interim access period. "(6) LIMITATION.—During the seven-year interim access Prohibition. period referred to in subsection (a), the disposal facilities referred to in subsection (b) shall not be required to accept more than 11,900,000 cubic feet of low-level radioactive weiste generated by commercial nuclear power reactors. "(d)(1) SURCHARGES.—The disposal of any low-level radioactive waste under this section (other than low-level radioactive waste generated in a sited compact region) may be charged a surcharge by the State in which the applicable regional disposal facility is located, in addition to the fees and surcharges generally applicable for disposal of low-level radioactive waste in the regional disposal facility involved. Except as provided in subsection (e)(2), such surcharges Prohibition. slid.ll not^ GxcGGd—~ "(A) in 1986 and 1987, $10 per cubic foot of low-level radio"(B) in 1988 and 1989, $20 per cubic foot of low-level radio"(C) in 1990, 1991, and 1992, $40 per cubic foot of low-level radioactive waste. "(2) MILESTONE INCENTIVES.— "(A) ESCROW ACCOUNT.—Twenty-five per centum of all sur-

charge fees received by a State pursuant to paragraph (1) during the seven-year period referred to in subsection (a) shall be transferred on a monthly basis to an escrow account held by the Secretary. The Secretary shall deposit all funds received in a special escrow account. The funds so deposited shall not be the property of the United States. The Secretary shall act as trustee for such funds and shall invest them in interest-bearing United States Government Securities with the highest available yield. Such funds shall be held by the Secretary until— "(i) paid or repaid in accordance with subparagraph (B) or (C); or "(ii) paid to the State collecting such fees in accordance with subparagraph (F). "(B) PAYMENTS.—

"(i) JULY i, 1986.—The twenty-five per centum of any amount collected by a State under paragraph (1) for lowlevel radioactive waste disposed of under this section during the period beginning on the date of enactment of the LowLevel Radioactive Waste Policy Amendments Act of 1985 Ante, p. 1842. and ending June 30, 1986, and transferred to the Secretary under subparagraph (A), shall be paid by the Secretary in accordance with subparagraph (D) if the milestone described in subsection (e)(1)(A) is met by the State in which such waste originated. "(ii) JANUARY i, 1988.—The twenty-five per centum of any amount collected by a State under paragraph (1) for low-level radioactive waste disposed of under this section during the period beginning July 1, 1986 and ending Decem-