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1 amount such Indian tribe would receive were it authorized to

2 tax site characterization activities at such site, and the devel3 opment and operation of such repository, as such Indian tribe 4 taxes the other industrial activities occurring on such reser5 vation. Such grants shall continue until such time as all 6 such activities, development, and operation are terminated at 7 such site.

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(4)(A) An Indian tribe may not receive any grant under 9 paragraph one after the expiration of the 1-year period fol

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(i) the date on which the Secretary notifies such Indian tribe of the termination of site characterization activities at the site involved on the reservation of such Indian tribe;

(ii) the date on which such site is disapproved under section 115; or

(iii) the date on which the Commission disapproves an application for a construction authorization for a repository at such site;

20 whichever occurs first, unless there is another site on the res21 ervation of such Indian tribe that is approved under section 22 112(c) and with respect to which the actions described in 23 clauses (i), (ii), and (iii) have not been taken.

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(B) At the end of the one-year period beginning on the

25 effective date of any operating license for a repository at a

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1 site on the reservation of an Indian tribe, no Federal funds 2 shall be made available under paragraph (1) or (2) to such 3 Indian tribe, except for

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(i) such funds as may be necessary to support activities of such Indian tribe related to any other reposi

tory located on, or proposed to be located on, such res

ervation, and for which an operating license has not been in effect for more than one 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 before the end of such one-year period.

(5) Financial assistance authorized in this subsection 15 shall be made out of amounts held in the Nuclear Waste

16 Trust Fund established in section 124.

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JUDICIAL REVIEW OF AGENCY ACTIONS

SEC. 119. (a) UNITED STATES COURT OF APPEALS 19 For the District of ColuMBIA.—Except for review in 20 the Supreme Court of the United States, the United States 21 Court of Appeals for the District of Columbia, acting as a 22 special court, shall have original and exclusive jurisdiction 23 over any civil action—

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(1) for review of any final decision or action of the Secretary, the President, or the Commission under this subtitle;

(2) alleging the failure of the Secretary, the President, or the Commission to make any decision, or take any action, required under this subtitle;

(3) challenging the constitutionality of any decision made, or action taken, under any provision of this subtitle; or

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(b) EXPEDITED

(4) for review of any environmental impact statement prepared pursuant to the National Environmental Policy Act with respect to any action under this subtitle, or alleging a failure to prepare such statement with respect to any such action.

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16 States Court of Appeals for the District of Columbia shall 17 exercise its powers in such manner as to expedite the determi18 nation of cases over which it has jurisdiction under this sec19 tion.

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(c) DEADLINE FOR COMMENCING ACTION.-A civil 21 action for judicial review described under subsection (a) may 22 be brought not later than the 180th day after the date of the 23 decision or action or failure to act involved, as the case may 24 be, except that if a party shows that he did not know of the 25 decision or action complained of (or of the failure to act), and

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1 that a reasonable person acting under the circumstances 2 would not have known, such party may bring a civil action 3 not later than the 180th day after the date such party ac4 quired actual or constructive knowledge of such decision, 5 action, or failure to act.

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EXPEDITED AUTHORIZATIONS

SEC. 120. (a) ISSUANCE OF AUTHORIZATIONS.—To

8 the extent that the taking of any action related to the site 9 characterization of a site or the construction or initial oper10 ation of a repository under this subtitle requires a certificate, 11 right-of-way, permit, lease, or other authorization from a 12 Federal officer or agency, such officer or agency shall issue 13 or grant any such authorization at the earliest practicable 14 date, to the extent permitted by the applicable provisions of 15 law administered by such officer or agency. All actions of a 16 Federal officer or agency with respect to consideration of ap17 plications or requests for the issuance or grant of any such 18 authorization shall be expedited, and any such application or 19 request shall take precedence over any similar applications or 20 requests not related to such repositories.

21 (b) TERMS OF AUTHORIZATIONS.-Any authorization 22 issued or granted under subsection (a) shall include such 23 terms and conditions as may be required by law, and may

24 include terms and conditions permitted by law.

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3 AGENCY STANDARDS.-Not later than one year after the 4 date of the enactment of this Act, the Administrator, pursuant 5 to authority under other provisions of law, shall, by rule, 6 promulgate generally applicable standards for protection of 7 the general environment from radioactive material in reposi8 tories.

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(b) COMMISSION REQUIREMENTS AND CRITERIA.— 10 (1)(A) The Commission, pursuant to authority under other 11 provisions of law, shall, by rule, promulgate technical re12 quirements and criteria that it will apply, under the Atomic 13 Energy Act of 1954 (42 U.S.C. 2011 et seq.) and the 14 Energy Reorganization Act of 1974 (42 U.S.C. 5801 et 15 seq.), in approving or disapproving

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(i) applications for authorization to construct repositories;

(ii) applications for licenses to receive and possess spent nuclear fuel and high-level radioactive waste in such repositories; and

(iii) applications for authorization for closure and decommissioning of such repositories.

(B) Such requirements and criteria shall not be incon

24 sistent with any comparable standards promulgated by the 25 Administrator under subsection (a).

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