Page:United States Statutes at Large Volume 101 Part 2.djvu/1032

 101 STAT. 1330-238

PUBLIC LAW 100-203—DEC. 22, 1987 ,

"BENEFITS SCHEDULE (amounts in $ millions)

Event (A) Annual payments prior to first spent fuel receipt (B) Upon first spent fuel receipt (C) Annual payments after first spent fuel receipt until closure of the facility

MRS 5 10

Repository 10 20

10

20

"(2) For purposes of this section, the term— "(A) 'MRS' means a monitored retrievable storage facility, "(B) 'spent fuel' means high-level radioactive waste or spent nuclear fuel, and "(C) 'first spent fuel receipt' does not include receipt of spent fuel or high-level radioactive waste for purposes of testing or operational demonstration. "(3) Annual payments prior to first spent fuel receipt under paragraph (1)(A) shall be made on the date of execution of the benefits agreement and thereafter on the anniversary date of such execution. Annual payments after the first spent fuel receipt until closure of the facility under paragraph (1)(C) shall be made on the anniversary date of such first spent fuel receipt. "(4) If the first spent fuel payment under paragraph (1)(B) is made within six months after the last annual payment prior to the receipt of spent fuel under paragraph (1)(A), such first spent fuel payment under paragraph (1)(B) shall be reduced by an amount equal to onetwelfth of such annual payment under paragraph (I)(A) for each full month less than six that has not elapsed since the last annual payment under paragraph (1)(A). "(5) Notwithstanding paragraph (1), (2), or (3), no payment under this section may be made before January 1, 1989, and any payment due under this title before January 1, 1989, shall be made on or after such date. "(6) Except as provided in paragraph (7), the Secretary may not restrict the purposes for which the payments under this section may be used. "(7)(A) Any State receiving a payment under this section shall transfer an amount equal to not less than one-third of the amount of such payment to affected units of local government of such State. "(B) A plan for this transfer and appropriate allocation of such portion among such governments shall be included in the benefits agreement under section 170 covering such payments. "(C) In the event of a dispute concerning such plan, the Secretary shall resolve such dispute, consistent with this Act and applicable State law. "(b) CONTENTS.—A benefits agreement under section 170 shall provide that— "(1) a Review Panel be established in accordance with section 172; "(2) the State or Indian tribe that is party to such agreement waive its rights under title I to disapprove the recommendation of a site for a repository; "(3) the parties to the agreement shall share with one another information relevant to the licensing process for the repository or monitored retrievable storage facility, as it becomes available;

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