§10243 Duties of Negotiator

Summary

The Negotiator must try to make deals for the United States with the Governor of any State or the governing body of any Indian tribe where a possible site is located. If State law lets someone else negotiate for the State, that person replaces the Governor. The Negotiator must also talk with any State, local government, or tribe that might be affected and can include terms to protect their interests. The Negotiator may ask the Secretary, the Nuclear Regulatory Commission, or other Federal agencies for comments about a site, but those agencies do not have to say a site is suitable. Any proposed agreement and an environmental assessment under section 10244(a) must be sent to Congress. Agreements should include reasonable terms (including financial and institutional arrangements) and protect rights under sections 10136(c), 10137, and 10138(b). A proposed agreement has no legal force unless Congress makes it law. States and tribes must follow their own laws when agreeing, and a State may reject a proposal by referendum or legislative action. Even with an agreement, the Secretary can only build a repository or storage facility if the Nuclear Regulatory Commission and other laws (including the Atomic Energy Act of 1954 and title II of the Energy Reorganization Act of 1982) authorize construction.