PUBLIC LAW 100-203—DEC. 22, 1987
101 STAT. 1330-239
"(4) the State or Indian tribe that is party to such agreement participate in the design of the repository or monitored retrievable storage facility and in the preparation of documents required under law or regulation governing the effects of the facility on the public health and safety; and "(5) the State or Indian tribe waive its rights, if any, to impact assistance under sections 116(c)(l)(B)(ii), 116(c)(2), 118(b)(2)(A)(ii), and 118(b)(3). "(c) The Secretary shall make payments to the States or affected Indian tribes under a benefits agreement under this section from the Waste Fund. The signature of the Secretary on a valid benefits agreement under section 170 shall constitute a commitment by the United States to make payments in accordance with such agreement. "REVIEW PANEL
"SEC. 172. (a) IN GENERAL.—The Review Panel required to be 42 USC 10173b. established by section 171(b)(l) of this Act 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) TERMS.—(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) DUTIES.—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) INFORMATION.—The Secretary shall promptly make available promptly any information in the Secretary's possession reouested by the Panel or its Chairman. "(e) FEDERAL ADVISORY COMMITTEE ACT.—The requirements of the Federal Advisory Committee Act shall not apply to a Review Panel established under this title.