§10173b — Title 42 The Public Health and Welfare | U.S. Code

Summary

Creates a seven-person Review Panel to advise the Secretary. The Secretary picks the chair after talking with the State governor or the tribal governing body. Six other members are chosen as follows: two by the governor or tribe, two by local governments affected by the site, one by the Secretary to speak for people who pay into the Waste Fund, and one by the Secretary to represent other public interests. Members serve four-year terms. Nonfederal members get a per diem for each day they work for the panel, including travel, and the Secretary must pay the panel’s expenses from the Waste Fund. The panel must advise the Secretary about a proposed waste repository or storage site, including how it would be built, run, and closed; check how the site is doing; suggest fixes; help present state, tribal, and local views; and help plan and review data gathered before operations about the environment, population, and local economy. The Secretary must quickly give the panel or its chair any information the Secretary already has when asked. The rules in chapter 10 of title 5 do not apply to this Review Panel.

Title 42, §10173b

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

(a)The Review Panel required to be established by section 10173a(b)(1) of this title shall consist of a Chairman selected by the Secretary in consultation with the Governor of the State or governing body of the Indian tribe, as appropriate, that is party to such agreement and 6 other members as follows:

(1)2 members selected by the Governor of such State or governing body of such Indian tribe;

(2)2 members selected by units of local government affected by the repository or monitored retrievable storage facility;

(3)1 member to represent persons making payments into the Waste Fund, to be selected by the Secretary; and

(4)1 member to represent other public interests, to be selected by the Secretary.

(b)(1)The members of the Review Panel shall serve for terms of 4 years each.

(2)Members of the Review Panel who are not full-time employees of the Federal Government, shall receive a per diem compensation for each day spent conducting work of the Review Panel, including their necessary travel or other expenses while engaged in the work of the Review Panel.

(3)Expenses of the Panel shall be paid by the Secretary from the Waste Fund.

(c)The Review Panel shall—

(1)advise the Secretary on matters relating to the proposed repository or monitored retrievable storage facility, including issues relating to design, construction, operation, and decommissioning of the facility;

(2)evaluate performance of the repository or monitored retrievable storage facility, as it considers appropriate;

(3)recommend corrective actions to the Secretary;

(4)assist in the presentation of State or affected Indian tribe and local perspectives to the Secretary; and

(5)participate in the planning for and the review of preoperational data on environmental, demographic, and socioeconomic conditions of the site and the local community.

(d)The Secretary shall promptly 11 So in original. make available promptly 1 any information in the Secretary’s possession requested by the Panel or its Chairman.

(e)The requirements of chapter 10 of title 5 shall not apply to a Review Panel established under this subchapter.

Notes & Related Subsidiaries

Editorial Notes

Codification Pub. L. 100–202 and Pub. L. 100–203 added identical sections.

Amendments

2022—Subsec. (e). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “chapter 10 of title 5” for “the Federal Advisory Committee Act” in text.

§10173b Review Panel

Summary

Title 42, §10173b

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata