§10138 — Title 42 The Public Health and Welfare | U.S. Code

§10138 Participation of Indian tribes

Title 42 › Chapter CHAPTER 108— - NUCLEAR WASTE POLICY › Subchapter SUBCHAPTER I— - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE, SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE WASTE › Part Part A— - Repositories for Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel › § 10138

Last updated Apr 6, 2026|Official source

Summary

If the President picks a site for a waste repository on a tribe’s reservation, the tribe’s governing body can reject that choice and send a written notice of disapproval to Congress. The tribe must send that notice within 60 days after the President’s recommendation. The notice is counted on the day it is sent to the Speaker of the House and the President pro tempore of the Senate, and it must explain the tribe’s reasons. The Secretary must give grants and help to affected tribes for participation and for other work tied to a candidate or approved site. Grants do not cover ordinary tribal salary or travel costs. For a candidate site, grants can pay for five kinds of work: studying impacts, preparing requests for help, monitoring or testing, informing residents, and asking questions or making recommendations to the Secretary. Those grants can cover up to 100% of those costs (but not ordinary salary or travel). If the Commission authorizes construction, the Secretary must start financial and technical help within 6 months after that authorization and after construction begins. Tribes must give the Secretary a report on likely impacts after site study and before the Secretary recommends construction. The Secretary should try to reach a binding agreement with the tribe about the amount and rules for assistance soon after construction is authorized. Each year the Secretary must also pay a tribe an amount equal to what the tribe would get if it could tax site and repository activities; those payments continue until the activities stop. Grants under the participation rules stop one year after certain events (end of site study, site disapproval, denial of construction, or December 22, 1987). No more help is given under the candidate-site rules if construction is stopped or blocked by a court. Two years after a license to receive and possess a repository at a reservation becomes effective, federal money for those first two types of grants ends except for two narrow exceptions. All money for these grants comes from the Nuclear Waste Fund.

Title 42, §10138

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)(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;

(ii)to develop a request for impact assistance under paragraph (2);

(iii)to engage in any monitoring, testing, or evaluation activities with respect to site characterization programs with regard to such site;

(iv)to provide information to the residents of its reservation regarding any activities of such Indian tribe, the Secretary, or the Commission with respect to such site; and

(v)to request information from, and make comments and recommendations to, the Secretary regarding any activities taken under this part with respect 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)11 So in original. Probably should be designated “(5)(A)”. 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;

(ii)the date on which such site is disapproved under section 10135 of this title;

(iii)the date on which the Commission disapproves an application for a construction authorization for a repository at such site; 22 So in original. Probably should be followed by “or”.

(iv)December 22, 1987;

(B)An affected Indian tribe may not receive any further assistance under paragraph (2) with respect to a site if repository construction activities at such site are terminated by the Secretary or if such activities are permanently enjoined by any court.

(C)At the end of the 2-year period beginning on the effective date of any license to receive and possess for a repository at a site on the reservation of an affected Indian tribe, no Federal funds shall be made available under paragraph (1) or (2) to such Indian tribe, except for—

(i)such funds as may be necessary to support activities of such Indian tribe related to any other repository where a license to receive and possess has not been in effect for more than 1 year; and

(ii)such funds as may be necessary to support activities of such Indian tribe pursuant to agreements or contracts for impact assistance entered into, under paragraph (2), by such Indian tribe with the Secretary during such 2-year period.

(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.

Editorial Notes

Amendments

1987—Subsec. (b)(5)(iv). Pub. L. 100–202 and Pub. L. 100–203 amended par. (5) identically, adding cl. (iv).

§10138 Participation of Indian tribes

Summary

Title 42, §10138

Notes & Related Subsidiaries

Editorial Notes

Amendments

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