Page:United States Statutes at Large Volume 96 Part 2.djvu/877

 PUBLIC LAW 97-425—JAN. 7, 1983

96 STAT. 2239

(3) any unexpended balances available on the date of the enactment of this Act for functions or activities necessary or incident to the interim storage of civilian spent nuclear fuel, which shall automatically be transferred to the Storage Fund on such date. (d) U S E OF STORAGE FUND.—The Secretary may make expenditures from the Storage Fund, subject to subsection (e), for any purpose necessary or appropriate to the conduct of the functions and activities of the Secretary, or the provision or anticipated provision of services, under this subtitle, including— (1) the identification, development, licensing, construction, operation, decommissioning, and post-decommissioning maintenance and monitoring of any interim storage facility provided under this subtitle; (2) the administrative cost of the interim storage program; (3) the costs associated with acquisition, design, modification, replacement, operation, and construction of facilities at an interim storage site, consistent with the restrictions in section 135; (4) the cost of transportation of spent nuclear fuel; and (5) impact assistance as described in subsection (e). (e) IMPACT ASSISTANCE.—(1) Beginning the first fiscal year which Payments. commences after the date of the enactment of this Act, the Secretary shall make annual impact assistance payments to a State or appropriate unit of local government, or both, in order to mitigate social or economic impacts occasioned by the establishment and subsequent operation of any interim storage capacity within the jurisdictional boundaries of such government or governments and authorized under this subtitle: Provided, however, That such impact assistance payments shall not exceed (A) ten per centum of the costs incurred in paragraphs (1) and (2), or (B) $15 per kilogram of spent fuel, whichever is less; (2) Payments made available to States and units of local government pursuant to this section shall be— (A) allocated in a fair and equitable manner with a priority to those States or units of local government suffering the most severe impacts; and (B) utilized by States or units of local governments only for (i) planning, (ii) construction and maintenance of public services, (iii) provision of public services related to the providing of such interim storage authorized under this title, and (iv) compensation for loss of taxable property equivalent to that if the storage had been provided under private ownership. (3) Such payments shall be subject to such terms and conditions as the Secretary determines necessary to ensure that the purposes of this subsection shall be achieved. The Secretary shall issue such Regulations. regulations as may be necessary to carry out the provisions of this subsection. (4) Payments under this subsection shall be made available solely from the fees determined under subsection (a). (5) The Secretary is authorized to consult with States and appropriate units of local government in advance of commencement of establishment of storage capacity authorized under this subtitle in an effort to determine the level of the payment such government would be eligible to receive pursuant to this subsection. (6) As used in this subsection, the term "unit of local government" "Unit of local means a county, parish, township, municipality, and shall include a government."

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