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US (United States) Code. Title 42. Chapter 108: Nuclear Waste Policy

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-CITE-

42 USC CHAPTER 108 - NUCLEAR WASTE POLICY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

-HEAD-

CHAPTER 108 - NUCLEAR WASTE POLICY

-MISC1-

Sec.

10101. Definitions.

10102. Separability.

10103. Territories and possessions.

10104. Ocean disposal.

10105. Limitation on spending authority.

10106. Protection of classified national security

information.

10107. Applicability to atomic energy defense activities.

(a) Atomic energy defense activities.

(b) Evaluation by President.

10108. Applicability to transportation.

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE

WASTE, SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE WASTE

10121. State and affected Indian tribe participation in

development of proposed repositories for defense

waste.

(a) Notification to States and affected Indian

tribes.

(b) Participation of States and affected Indian

tribes.

PART A - REPOSITORIES FOR DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE

AND SPENT NUCLEAR FUEL

10131. Findings and purposes.

10132. Recommendation of candidate sites for site

characterization.

(a) Guidelines.

(b) Recommendation by Secretary to President.

sites.

(d) Preliminary activities.

10133. Site characterization.

(a) In general.

(b) Commission and States.

(d) Preliminary activities.

10134. Site approval and construction authorization.

(a) Hearings and Presidential recommendation.

(b) Submission of application.

(d) Commission action.

(e) Project decision schedule.

(f) Environmental impact statement.

10135. Review of repository site selection.

(a) "Resolution of repository siting approval"

defined.

(b) State or Indian tribe petitions.

(d) Procedures applicable to Senate.

(e) Procedures applicable to House of

Representatives.

(f) Computation of days.

(g) Information provided to Congress.

10136. Participation of States.

(a) Notification of States and affected tribes.

(b) State participation in repository siting

decisions.

(d) Additional notification and consultation.

10137. Consultation with States and affected Indian tribes.

(a) Provision of information.

(b) Consultation and cooperation.

(d) On-site representative.

10138. Participation of Indian tribes.

(a) Participation of Indian tribes in repository

siting decisions.

(b) Financial assistance.

10139. Judicial review of agency actions.

(a) Jurisdiction of United States courts of

appeals.

10140. Expedited authorizations.

(a) Issuance of authorizations.

(b) Terms of authorizations.

10141. Certain standards and criteria.

(a) Environmental Protection Agency standards.

(b) Commission requirements and criteria.

10142. Disposal of spent nuclear fuel.

10143. Title to material.

10144. Consideration of effect of acquisition of water

rights.

10145. Termination of certain provisions.

PART B - INTERIM STORAGE PROGRAM

10151. Findings and purposes.

10152. Available capacity for interim storage of spent

nuclear fuel.

10153. Interim at-reactor storage.

10154. Licensing of facility expansions and transshipments.

(a) Oral argument.

(b) Adjudicatory hearing.

10155. Storage of spent nuclear fuel.

(a) Storage capacity.

(b) Contracts.

(d) Review of sites and State participation.

(e) Limitations.

(f) Report.

(g) Criteria for determining adequacy of available

storage capacity.

(h) Application.

(i) Coordination with research and development

program.

10156. Interim Storage Fund.

(a) Contracts.

(b) Limitation.

(d) Use of Storage Fund.

(e) Impact assistance.

(f) Administration of Storage Fund.

10157. Transportation.

PART C - MONITORED RETRIEVABLE STORAGE

10161. Monitored retrievable storage.

(a) Findings.

(b) Submission of proposal by Secretary.

(d) Licensing.

(e) Clarification.

(f) Impact assistance.

(g) Limitation.

(h) Participation of States and Indian tribes.

10162. Authorization of monitored retrievable storage.

(a) Nullification of Oak Ridge siting proposal.

(b) Authorization.

10163. Monitored Retrievable Storage Commission.

10164. Survey.

10165. Site selection.

(a) In general.

(b) Limitation.

(d) Environmental assessment.

(e) Notification before selection.

(f) Notification of selection.

(g) Limitation.

10166. Notice of disapproval.

(a) In general.

(b) References.

10167. Benefits agreement.

10168. Construction authorization.

(a) Environmental impact statement.

(b) Application for construction license.

(d) Licensing conditions.

10169. Financial assistance.

PART D - LOW-LEVEL RADIOACTIVE WASTE

10171. Financial arrangements for low-level radioactive waste

site closure.

(a) Financial arrangements.

(b) Title and custody.

PART E - REDIRECTION OF NUCLEAR WASTE PROGRAM

10172. Selection of Yucca Mountain site.

(a) In general.

(b) Eligibility to enter into benefits agreement.

10172a. Siting a second repository.

(a) Congressional action required.

(b) Report.

(d) Additional siting criteria.

PART F - BENEFITS

10173. Benefits agreements.

(a) In general.

(b) Amendment.

(d) Monitored retrievable storage.

(e) Limitation.

(f) Judicial review.

10173a. Content of agreements.

(a) In general.

(b) Contents.

10173b. Review Panel.

(a) In general.

(b) Terms.

(d) Information.

(e) Federal Advisory Committee Act.

10173c. Termination.

(a) In general.

(b) Termination by State or Indian tribe.

PART G - OTHER BENEFITS

10174. Consideration in siting facilities.

10174a. Report.

(a) In general.

(b) Impacts to be considered.

PART H - TRANSPORTATION

10175. Transportation.

(a) Packaging.

(b) Advance notification.

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION REGARDING

DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE AND SPENT NUCLEAR FUEL

10191. Purpose.

10192. Applicability.

10193. Identification of sites.

(a) Guidelines.

(b) Site identification by Secretary.

10194. Siting research and related activities.

(a) In general.

(b) Public meetings and environmental assessment.

(d) Title to material.

10195. Test and evaluation facility siting review and

reports.

(a) Consultation and cooperation.

(b) Written agreements.

10196. Federal agency actions.

(a) Cooperation and coordination.

(b) Environmental review.

10197. Research and development on disposal of high-level

radioactive waste.

(a) Purpose.

(b) Design.

(d) Use of existing Department facilities.

(e) Engineered barriers.

(f) Role of Commission.

(g) Environmental review.

(h) Limitations.

10198. Research and development on spent nuclear fuel.

(a) Demonstration and cooperative programs.

(b) Cooperative agreements.

(d) Funding.

(e) Relation to spent nuclear fuel storage program.

10199. Payments to States and Indian tribes.

(a) Payments.

(b) Limitation.

10200. Study of research and development needs for monitored

retrievable storage proposal.

10201. Judicial review.

10202. Research on alternatives for permanent disposal of

high-level radioactive waste.

10203. Technical assistance to non-nuclear weapon states in

field of spent fuel storage and disposal.

(a) Statement of policy.

(b) Publication of joint notice; update.

expressions of interest.

(d) Funding requests.

(e) "Non-nuclear weapon state" defined.

(f) Unauthorized actions.

10204. Subseabed disposal.

(a) Repealed.

(b) Office of Subseabed Disposal Research.

SUBCHAPTER III - OTHER PROVISIONS RELATING TO RADIOACTIVE WASTE

10221. Mission plan.

(a) Contents of mission plan.

(b) Submission of mission plan.

10222. Nuclear Waste Fund.

(a) Contracts.

(b) Advance contracting requirement.

(d) Use of Waste Fund.

(e) Administration of Waste Fund.

10223. Alternative means of financing.

10224. Office of Civilian Radioactive Waste Management.

(a) Establishment.

(b) Functions of Director.

(d) Audit by GAO.

10225. Location of test and evaluation facility.

(a) Report to Congress.

(b) Procedures.

10226. Nuclear Regulatory Commission training authorization.

SUBCHAPTER IV - NUCLEAR WASTE NEGOTIATOR

10241. "State" defined.

10242. Office of Nuclear Waste Negotiator.

(a) Establishment.

(b) Nuclear Waste Negotiator.

10243. Duties of Negotiator.

(a) Negotiations with potential hosts.

(b) Consultation with affected States, subdivisions

of States, and tribes.

(d) Proposed agreement.

10244. Environmental assessment of sites.

(a) In general.

(b) Contents.

(d) Public hearings.

(e) Public availability.

(f) Evaluation of sites.

10245. Site characterization; licensing.

(a) Site characterization.

(b) Licensing.

10246. Monitored retrievable storage.

(a) Construction and operation.

(b) Financial assistance.

10247. Environmental impact statement.

(a) In general.

(b) Preparation.

10248. Administrative powers of Negotiator.

10249. Cooperation of other departments and agencies.

10250. Termination of Office.

10251. Authorization of appropriations.

SUBCHAPTER V - NUCLEAR WASTE TECHNICAL REVIEW BOARD

10261. Definitions.

10262. Nuclear Waste Technical Review Board.

(a) Establishment.

(b) Members.

10263. Functions.

10264. Investigatory powers.

(a) Hearings.

(b) Production of documents.

10265. Compensation of members.

(a) In general.

(b) Travel expenses.

10266. Staff.

(a) Clerical staff.

(b) Professional staff.

10267. Support services.

(a) General services.

(b) Accounting, research, and technology assessment

services.

(d) Mails.

(e) Experts and consultants.

10268. Report.

10269. Authorization of appropriations.

10270. Termination of Board.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 2286g of this title.

-End-

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42 USC Sec. 10101 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

-HEAD-

Sec. 10101. Definitions

-STATUTE-

For purposes of this chapter:

(1) The term "Administrator" means the Administrator of the

Environmental Protection Agency.

(2) The term "affected Indian tribe" means any Indian tribe -

(A) within whose reservation boundaries a monitored

retrievable storage facility, test and evaluation facility, or

a repository for high-level radioactive waste or spent fuel is

proposed to be located;

(B) whose federally defined possessory or usage rights to

other lands outside of the reservation's boundaries arising out

of congressionally ratified treaties may be substantially and

adversely affected by the locating of such a facility:

Provided, That the Secretary of the Interior finds, upon the

petition of the appropriate governmental officials of the

tribe, that such effects are both substantial and adverse to

the tribe; (!1)

(3) The term "atomic energy defense activity" means any

activity of the Secretary performed in whole or in part in

carrying out any of the following functions:

(A) naval reactors development;

(B) weapons activities including defense inertial confinement

fusion;

(D) defense nuclear materials production;

(E) defense nuclear waste and materials by-products

management;

(F) defense nuclear materials security and safeguards and

security investigations; and

(G) defense research and development.

(4) The term "candidate site" means an area, within a geologic

and hydrologic system, that is recommended by the Secretary under

section 10132 of this title for site characterization, approved

by the President under section 10132 of this title for site

characterization, or undergoing site characterization under

section 10133 of this title.

(5) The term "civilian nuclear activity" means any atomic

energy activity other than an atomic energy defense activity.

(6) The term "civilian nuclear power reactor" means a civilian

nuclear powerplant required to be licensed under section 2133 or

2134(b) of this title.

(7) The term "Commission" means the Nuclear Regulatory

Commission.

(8) The term "Department" means the Department of Energy.

(9) The term "disposal" means the emplacement in a repository

of high-level radioactive waste, spent nuclear fuel, or other

highly radioactive material with no foreseeable intent of

recovery, whether or not such emplacement permits the recovery of

such waste.

(10) The terms "disposal package" and "package" mean the

primary container that holds, and is in contact with, solidified

high-level radioactive waste, spent nuclear fuel, or other

radioactive materials, and any overpacks that are emplaced at a

repository.

(11) The term "engineered barriers" means manmade components of

a disposal system designed to prevent the release of

radionuclides into the geologic medium involved. Such term

includes the high-level radioactive waste form, high-level

radioactive waste canisters, and other materials placed over and

around such canisters.

(12) The term "high-level radioactive waste" means -

(A) the highly radioactive material resulting from the

reprocessing of spent nuclear fuel, including liquid waste

produced directly in reprocessing and any solid material

derived from such liquid waste that contains fission products

in sufficient concentrations; and

(B) other highly radioactive material that the Commission,

consistent with existing law, determines by rule requires

permanent isolation.

(13) The term "Federal agency" means any Executive agency, as

defined in section 105 of title 5.

(14) The term "Governor" means the chief executive officer of a

State.

(15) The term "Indian tribe" means any Indian tribe, band,

nation, or other organized group or community of Indians

recognized as eligible for the services provided to Indians by

the Secretary of the Interior because of their status as Indians,

including any Alaska Native village, as defined in section 3(c)

of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(c)).

(16) The term "low-level radioactive waste" means radioactive

material that -

(A) is not high-level radioactive waste, spent nuclear fuel,

transuranic waste, or by-product material as defined in section

2014(e)(2) of this title; and

(B) the Commission, consistent with existing law, classifies

as low-level radioactive waste.

(17) The term "Office" means the Office of Civilian Radioactive

Waste Management established in section 10224 (!2) of this title.

(18) The term "repository" means any system licensed by the

Commission that is intended to be used for, or may be used for,

the permanent deep geologic disposal of high-level radioactive

waste and spent nuclear fuel, whether or not such system is

designed to permit the recovery, for a limited period during

initial operation, of any materials placed in such system. Such

term includes both surface and subsurface areas at which

high-level radioactive waste and spent nuclear fuel handling

activities are conducted.

(19) The term "reservation" means -

(A) any Indian reservation or dependent Indian community

referred to in clause (a) or (b) of section 1151 of title 18;

(B) any land selected by an Alaska Native village or regional

corporation under the provisions of the Alaska Native Claims

Settlement Act (43 U.S.C. 1601 et seq.).

(20) The term "Secretary" means the Secretary of Energy.

(21) The term "site characterization" means -

(A) siting research activities with respect to a test and

evaluation facility at a candidate site; and

(B) activities, whether in the laboratory or in the field,

undertaken to establish the geologic condition and the ranges

of the parameters of a candidate site relevant to the location

of a repository, including borings, surface excavations,

excavations of exploratory shafts, limited subsurface lateral

excavations and borings, and in situ testing needed to evaluate

the suitability of a candidate site for the location of a

repository, but not including preliminary borings and

geophysical testing needed to assess whether site

characterization should be undertaken.

(22) The term "siting research" means activities, including

borings, surface excavations, shaft excavations, subsurface

lateral excavations and borings, and in situ testing, to

determine the suitability of a site for a test and evaluation

facility.

(23) The term "spent nuclear fuel" means fuel that has been

withdrawn from a nuclear reactor following irradiation, the

constituent elements of which have not been separated by

reprocessing.

(24) The term "State" means each of the several States, the

District of Columbia, the Commonwealth of Puerto Rico, the Virgin

Islands, Guam, American Samoa, the Northern Mariana Islands, the

Trust Territory of the Pacific Islands, and any other territory

or possession of the United States.

(25) The term "storage" means retention of high-level

radioactive waste, spent nuclear fuel, or transuranic waste with

the intent to recover such waste or fuel for subsequent use,

processing, or disposal.

(26) The term "Storage Fund" means the Interim Storage Fund

established in section 10156(c) (!3) of this title.

(27) The term "test and evaluation facility" means an at-depth,

prototypic, underground cavity with subsurface lateral

excavations extending from a central shaft that is used for

research and development purposes, including the development of

data and experience for the safe handling and disposal of

solidified high-level radioactive waste, transuranic waste, or

spent nuclear fuel.

(28) The term "unit of general local government" means any

borough, city, county, parish, town, township, village, or other

general purpose political subdivision of a State.

(29) The term "Waste Fund" means the Nuclear Waste Fund

established in section 10222(c) of this title.

(30) The term "Yucca Mountain site" means the candidate site in

the State of Nevada recommended by the Secretary to the President

under section 10132(b)(1)(B) of this title on May 27, 1986.

(31) The term "affected unit of local government" means the

unit of local government with jurisdiction over the site of a

repository or a monitored retrievable storage facility. Such term

may, at the discretion of the Secretary, include units of local

government that are contiguous with such unit.

(32) The term "Negotiator" means the Nuclear Waste Negotiator.

(33) As used in subchapter IV of this chapter, the term

"Office" means the Office of the Nuclear Waste Negotiator

established under subchapter IV of this chapter.

(34) The term "monitored retrievable storage facility" means

the storage facility described in section 10161(b)(1) of this

title.

-SOURCE-

(Pub. L. 97-425, Sec. 2, Jan. 7, 1983, 96 Stat. 2202; Pub. L.

100-202, Sec. 101(d) [title III, Sec. 300], Dec. 22, 1987, 101

Stat. 1329-104, 1329-121; Pub. L. 100-203, title V, Sec. 5002, Dec.

22, 1987, 101 Stat. 1330-227.)

-REFTEXT-

REFERENCES IN TEXT

Section 10224 of this title, referred to in par. (17), was in the

original a reference to section 305 of Pub. L. 97-425, which is

classified to section 10225 of this title, and was translated as

section 10224 of this title as the probable intent of Congress, in

view of the Office of Civilian Radioactive Waste Management being

established by section 10224 of this title.

The Alaska Native Claims Settlement Act, referred to in par.

(19)(B), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as

amended, which is classified generally to chapter 33 (Sec. 1601 et

seq.) of Title 43, Public Lands. For complete classification of

this Act to the Code, see Short Title note set out under section

1601 of Title 43 and Tables.

Section 10156(c) of this title, referred to in par. (26), was in

the original a reference to section 137(c) of Pub. L. 97-425, which

is classified to section 10157(c) of this title, and has been

translated as section 10156(c) of this title as the probable intent

of Congress, in view of the Interim Storage Fund being established

by section 10156(c) of this title.

-MISC1-

AMENDMENTS

1987 - Pars. (30) to (34). Pub. L. 100-202 and Pub. L. 100-203

amended section identically adding pars. (30) to (34).

SHORT TITLE OF 1987 AMENDMENT

Section 101(d) [title III] of Pub. L. 100-202 and section 5001 of

title V of Pub. L. 100-203 provided that: "This subtitle [subtitle

A (Secs. 5001-5065) of title V, enacting sections 10162, 10163,

10164, 10165, 10166, 10167, 10168, 10169, 10172, 10172a, 10173,

10173a, 10173b, 10173c, 10174, 10174a, 10175, 10204, 10241, 10242,

10243, 10244, 10245, 10246, 10247, 10248, 10249, 10250, 10251,

10261, 10262, 10263, 10264, 10265, 10266, 10267, 10268, 10269, and

10270 of this title, amending this section and sections 10132,

10133, 10134, 10136, 10137, and 10138 of this title and enacting

provisions set out as a note under section 5841 of this title] may

be cited as the 'Nuclear Waste Policy Amendments Act of 1987'."

SHORT TITLE

Section 1 of Pub. L. 97-425 provided that: "This Act [enacting

this chapter] may be cited as the 'Nuclear Waste Policy Act of

1982'."

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-MISC2-

NUCLEAR WASTE MANAGEMENT PLAN; REPORT

Pub. L. 102-486, title VIII, Sec. 803, Oct. 24, 1992, 106 Stat.

2923, provided that:

"(a) Preparation and Submission of Report. - The Secretary of

Energy, in consultation with the Nuclear Regulatory Commission and

the Environmental Protection Agency, shall prepare and submit to

the Congress a report on whether current programs and plans for

management of nuclear waste as mandated by the Nuclear Waste Policy

Act of 1982 (42 U.S.C. 10101 et seq.) are adequate for management

of any additional volumes or categories of nuclear waste that might

be generated by any new nuclear power plants that might be

constructed and licensed after the date of the enactment of this

Act [Oct. 24, 1992]. The Secretary shall prepare the report for

submission to the President and the Congress within 1 year after

the date of the enactment of this Act. The report shall examine any

new relevant issues related to management of spent nuclear fuel and

high-level radioactive waste that might be raised by the addition

of new nuclear-generated electric capacity, including anticipated

increased volumes of spent nuclear fuel or high-level radioactive

waste, any need for additional interim storage capacity prior to

final disposal, transportation of additional volumes of waste, and

any need for additional repositories for deep geologic disposal.

"(b) Opportunity for Public Comment. - In preparation of the

report required under subsection (a), the Secretary of Energy shall

offer members of the public an opportunity to provide information

and comment and shall solicit the views of the Nuclear Regulatory

Commission, the Environmental Protection Agency, and other

interested parties.

"(c) Authorization of Appropriations. - There are authorized to

be appropriated such sums as may be necessary to carry out this

section."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2014 of this title; title

18 sections 33, 1992; title 49 section 5105.

-FOOTNOTE-

(!1) So in original. The semicolon probably should be a period.

(!2) See References in Text note below.

(!3) See References in Text note below.

-End-

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42 USC Sec. 10102 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

-HEAD-

Sec. 10102. Separability

-STATUTE-

If any provision of this chapter, or the application of such

provision to any person or circumstance, is held invalid, the

remainder of this chapter, or the application of such provision to

persons or circumstances other than those as to which it is held

invalid, shall not be affected thereby.

-SOURCE-

(Pub. L. 97-425, Sec. 3, Jan. 7, 1983, 96 Stat. 2205.)

-End-

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42 USC Sec. 10103 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

-HEAD-

Sec. 10103. Territories and possessions

-STATUTE-

Nothing in this chapter shall be deemed to repeal, modify, or

amend the provisions of section 1491 of title 48.

-SOURCE-

(Pub. L. 97-425, Sec. 4, Jan. 7, 1983, 96 Stat. 2205.)

-End-

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42 USC Sec. 10104 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

-HEAD-

Sec. 10104. Ocean disposal

-STATUTE-

Nothing in this chapter shall be deemed to affect the Marine

Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401

et seq.).

-SOURCE-

(Pub. L. 97-425, Sec. 5, Jan. 7, 1983, 96 Stat. 2205.)

-REFTEXT-

REFERENCES IN TEXT

The Marine Protection, Research, and Sanctuaries Act of 1972,

referred to in text, is Pub. L. 92-532, Oct. 23, 1972, 86 Stat.

1052, as amended, which enacted chapters 32 (Sec. 1431 et seq.) and

32A (Sec. 1447 et seq.) of Title 16, Conservation, and chapters 27

(Sec. 1401 et seq.) and 41 (Sec. 2801 et seq.) of Title 33,

Navigation and Navigable Waters. For complete classification of

this Act to the Code, see Short Title note set out under section

1401 of Title 33 and Tables.

-End-

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42 USC Sec. 10105 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

-HEAD-

Sec. 10105. Limitation on spending authority

-STATUTE-

The authority under this chapter to incur indebtedness, or enter

into contracts, obligating amounts to be expended by the Federal

Government shall be effective for any fiscal year only to such

extent or in such amounts as are provided in advance by

appropriation Acts.

-SOURCE-

(Pub. L. 97-425, Sec. 6, Jan. 7, 1983, 96 Stat. 2205.)

-End-

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42 USC Sec. 10106 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

-HEAD-

Sec. 10106. Protection of classified national security information

-STATUTE-

Nothing in this chapter shall require the release or disclosure

to any person or to the Commission of any classified national

security information.

-SOURCE-

(Pub. L. 97-425, Sec. 7, Jan. 7, 1983, 96 Stat. 2205.)

-End-

-CITE-

42 USC Sec. 10107 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

-HEAD-

Sec. 10107. Applicability to atomic energy defense activities

-STATUTE-

(a) Atomic energy defense activities

Subject to the provisions of subsection (c) of this section, the

provisions of this chapter shall not apply with respect to any

atomic energy defense activity or to any facility used in

connection with any such activity.

(b) Evaluation by President

(1) Not later than 2 years after January 7, 1983, the President

shall evaluate the use of disposal capacity at one or more

repositories to be developed under part A of subchapter I of this

chapter for the disposal of high-level radioactive waste resulting

from atomic energy defense activities. Such evaluation shall take

into consideration factors relating to cost efficiency, health and

safety, regulation, transportation, public acceptability, and

national security.

(2) Unless the President finds, after conducting the evaluation

required in paragraph (1), that the development of a repository for

the disposal of high-level radioactive waste resulting from atomic

energy defense activities only is required, taking into account all

of the factors described in such subsection, the Secretary shall

proceed promptly with arrangement for the use of one or more of the

repositories to be developed under part A of subchapter I of this

chapter for the disposal of such waste. Such arrangements shall

include the allocation of costs of developing, constructing, and

operating this repository or repositories. The costs resulting from

permanent disposal of high-level radioactive waste from atomic

energy defense activities shall be paid by the Federal Government,

into the special account established under section 10222 of this

title.

(3) Any repository for the disposal of high-level radioactive

waste resulting from atomic energy defense activities only shall

(A) be subject to licensing under section 5842 of this title; and

(B) comply with all requirements of the Commission for the siting,

development, construction, and operation of a repository.

The provisions of this chapter shall apply with respect to any

repository not used exclusively for the disposal of high-level

radioactive waste or spent nuclear fuel resulting from atomic

energy defense activities, research and development activities of

the Secretary, or both.

-SOURCE-

(Pub. L. 97-425, Sec. 8, Jan. 7, 1983, 96 Stat. 2205.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10121, 10155, 10192 of

this title.

-End-

-CITE-

42 USC Sec. 10108 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

-HEAD-

Sec. 10108. Applicability to transportation

-STATUTE-

Nothing in this chapter shall be construed to affect Federal,

State, or local laws pertaining to the transportation of spent

nuclear fuel or high-level radioactive waste.

-SOURCE-

(Pub. L. 97-425, Sec. 9, Jan. 7, 1983, 96 Stat. 2206.)

-End-

-CITE-

42 USC SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL

RADIOACTIVE WASTE, SPENT NUCLEAR FUEL, AND

LOW-LEVEL RADIOACTIVE WASTE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

-HEAD-

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE

WASTE, SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE WASTE

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 10222, 10225 of this

title.

-End-

-CITE-

42 USC Sec. 10121 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

-HEAD-

Sec. 10121. State and affected Indian tribe participation in

development of proposed repositories for defense waste

-STATUTE-

(a) Notification to States and affected Indian tribes

Notwithstanding the provisions of section 10107 of this title,

upon any decision by the Secretary or the President to develop a

repository for the disposal of high-level radioactive waste or

spent nuclear fuel resulting exclusively from atomic energy defense

activities, research and development activities of the Secretary,

or both, and before proceeding with any site-specific

investigations with respect to such repository, the Secretary shall

notify the Governor and legislature of the State in which such

repository is proposed to be located, or the governing body of the

affected Indian tribe on whose reservation such repository is

proposed to be located, as the case may be, of such decision.

(b) Participation of States and affected Indian tribes

Following the receipt of any notification under subsection (a) of

this section, the State or Indian tribe involved shall be entitled,

with respect to the proposed repository involved, to rights of

participation and consultation identical to those provided in

sections 10135 through 10138 of this title, except that any

financial assistance authorized to be provided to such State or

affected Indian tribe under section 10136(c) or 10138(b) of this

title shall be made from amounts appropriated to the Secretary for

purposes of carrying out this section.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 101, Jan. 7, 1983, 96 Stat. 2206.)

-End-

-CITE-

42 USC Part A - Repositories for Disposal of High-Level

Radioactive Waste and Spent Nuclear

Fuel 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part A - Repositories for Disposal of High-Level Radioactive Waste

and Spent Nuclear Fuel

-HEAD-

PART A - REPOSITORIES FOR DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE

AND SPENT NUCLEAR FUEL

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 10107, 10175 of this title.

-End-

-CITE-

42 USC Sec. 10131 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part A - Repositories for Disposal of High-Level Radioactive Waste

and Spent Nuclear Fuel

-HEAD-

Sec. 10131. Findings and purposes

-STATUTE-

(a) The Congress finds that -

(1) radioactive waste creates potential risks and requires safe

and environmentally acceptable methods of disposal;

(2) a national problem has been created by the accumulation of

(A) spent nuclear fuel from nuclear reactors; and (B) radioactive

waste from (i) reprocessing of spent nuclear fuel; (ii)

activities related to medical research, diagnosis, and treatment;

and (iii) other sources;

(3) Federal efforts during the past 30 years to devise a

permanent solution to the problems of civilian radioactive waste

disposal have not been adequate;

(4) while the Federal Government has the responsibility to

provide for the permanent disposal of high-level radioactive

waste and such spent nuclear fuel as may be disposed of in order

to protect the public health and safety and the environment, the

costs of such disposal should be the responsibility of the

generators and owners of such waste and spent fuel;

(5) the generators and owners of high-level radioactive waste

and spent nuclear fuel have the primary responsibility to provide

for, and the responsibility to pay the costs of, the interim

storage of such waste and spent fuel until such waste and spent

fuel is accepted by the Secretary of Energy in accordance with

the provisions of this chapter;

(6) State and public participation in the planning and

development of repositories is essential in order to promote

public confidence in the safety of disposal of such waste and

spent fuel; and

(7) high-level radioactive waste and spent nuclear fuel have

become major subjects of public concern, and appropriate

precautions must be taken to ensure that such waste and spent

fuel do not adversely affect the public health and safety and the

environment for this or future generations.

(b) The purposes of this part are -

(1) to establish a schedule for the siting, construction, and

operation of repositories that will provide a reasonable

assurance that the public and the environment will be adequately

protected from the hazards posed by high-level radioactive waste

and such spent nuclear fuel as may be disposed of in a

repository;

(2) to establish the Federal responsibility, and a definite

Federal policy, for the disposal of such waste and spent fuel;

(3) to define the relationship between the Federal Government

and the State governments with respect to the disposal of such

waste and spent fuel; and

(4) to establish a Nuclear Waste Fund, composed of payments

made by the generators and owners of such waste and spent fuel,

that will ensure that the costs of carrying out activities

relating to the disposal of such waste and spent fuel will be

borne by the persons responsible for generating such waste and

spent fuel.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 111, Jan. 7, 1983, 96 Stat. 2207.)

-End-

-CITE-

42 USC Sec. 10132 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part A - Repositories for Disposal of High-Level Radioactive Waste

and Spent Nuclear Fuel

-HEAD-

Sec. 10132. Recommendation of candidate sites for site

characterization

-STATUTE-

(a) Guidelines

Not later than 180 days after January 7, 1983, the Secretary,

following consultation with the Council on Environmental Quality,

the Administrator of the Environmental Protection Agency, the

Director of the United States Geological Survey, and interested

Governors, and the concurrence of the Commission shall issue

general guidelines for the recommendation of sites for

repositories. Such guidelines shall specify detailed geologic

considerations that shall be primary criteria for the selection of

sites in various geologic media. Such guidelines shall specify

factors that qualify or disqualify any site from development as a

repository, including factors pertaining to the location of

valuable natural resources, hydrology, geophysics, seismic

activity, and atomic energy defense activities, proximity to water

supplies, proximity to populations, the effect upon the rights of

users of water, and proximity to components of the National Park

System, the National Wildlife Refuge System, the National Wild and

Scenic Rivers System, the National Wilderness Preservation System,

or National Forest Lands. Such guidelines shall take into

consideration the proximity to sites where high-level radioactive

waste and spent nuclear fuel is generated or temporarily stored and

the transportation and safety factors involved in moving such waste

to a repository. Such guidelines shall specify population factors

that will disqualify any site from development as a repository if

any surface facility of such repository would be located (1) in a

highly populated area; or (2) adjacent to an area 1 mile by 1 mile

having a population of not less than 1,000 individuals. Such

guidelines also shall require the Secretary to consider the cost

and impact of transporting to the repository site the solidified

high-level radioactive waste and spent fuel to be disposed of in

the repository and the advantages of regional distribution in the

siting of repositories. Such guidelines shall require the Secretary

to consider the various geologic media in which sites for

repositories may be located and, to the extent practicable, to

recommend sites in different geologic media. The Secretary shall

use guidelines established under this subsection in considering

candidate sites for recommendation under subsection (b) of this

section. The Secretary may revise such guidelines from time to

time, consistent with the provisions of this subsection.

(b) Recommendation by Secretary to President

(1)(A) Following the issuance of guidelines under subsection (a)

of this section and consultation with the Governors of affected

States, the Secretary shall nominate at least 5 sites that he

determines suitable for site characterization for selection of the

first repository site.

(B) Subsequent to such nomination, the Secretary shall recommend

to the President 3 of the nominated sites not later than January 1,

1985 for characterization as candidate sites.

consistent with the provisions of section 10225 of this title.

(D) Each nomination of a site under this subsection shall be

accompanied by an environmental assessment, which shall include a

detailed statement of the basis for such recommendation and of the

probable impacts of the site characterization activities planned

for such site, and a discussion of alternative activities relating

to site characterization that may be undertaken to avoid such

impacts. Such environmental assessment shall include -

(i) an evaluation by the Secretary as to whether such site is

suitable for site characterization under the guidelines

established under subsection (a) of this section;

(ii) an evaluation by the Secretary as to whether such site is

suitable for development as a repository under each such

guideline that does not require site characterization as a

prerequisite for application of such guideline;

(iii) an evaluation by the Secretary of the effects of the site

characterization activities at such site on the public health and

safety and the environment;

(iv) a reasonable comparative evaluation by the Secretary of

such site with other sites and locations that have been

considered;

(v) a description of the decision process by which such site

was recommended; and

(vi) an assessment of the regional and local impacts of

locating the proposed repository at such site.

(E)(i) (!1) The issuance of any environmental assessment under

this paragraph shall be considered to be a final agency action

subject to judicial review in accordance with the provisions of

chapter 7 of title 5 and section 10139 of this title. Such judicial

review shall be limited to the sufficiency of such environmental

assessment with respect to the items described in clauses (i)

through (vi) of subparagraph (E).

(F) Each environmental assessment prepared under this paragraph

shall be made available to the public.

(G) Before nominating a site, the Secretary shall notify the

Governor and legislature of the State in which such site is

located, or the governing body of the affected Indian tribe where

such site is located, as the case may be, of such nomination and

the basis for such nomination.

(2) Before nominating any site the Secretary shall hold public

hearings in the vicinity of such site to inform the residents of

the area in which such site is located of the proposed nomination

of such site and to receive their comments. At such hearings, the

Secretary shall also solicit and receive any recommendations of

such residents with respect to issues that should be addressed in

the environmental assessment described in paragraph (1) and the

site characterization plan described in section 10133(b)(1) of this

title.

(3) In evaluating the sites nominated under this section prior to

any decision to recommend a site as a candidate site, the Secretary

shall use available geophysical, geologic, geochemical and

hydrologic, and other information and shall not conduct any

preliminary borings or excavations at a site unless (i) such

preliminary boring or excavation activities were in progress on

January 7, 1983, or (ii) the Secretary certifies that such

available information from other sources, in the absence of

preliminary borings or excavations, will not be adequate to satisfy

applicable requirements of this chapter or any other law: Provided,

That preliminary borings or excavations under this section shall

not exceed a diameter of 6 inches.

(1) The President shall review each candidate site recommendation

made by the Secretary under subsection (b) of this section. Not

later than 60 days after the submission by the Secretary of a

recommendation of a candidate site, the President, in his

discretion, may either approve or disapprove such candidate site,

and shall transmit any such decision to the Secretary and to either

the Governor and legislature of the State in which such candidate

site is located, or the governing body of the affected Indian tribe

where such candidate site is located, as the case may be. If,

during such 60-day period, the President fails to approve or

disapprove such candidate site, or fails to invoke his authority

under paragraph (2) to delay his decision, such candidate site

shall be considered to be approved, and the Secretary shall notify

such Governor and legislature, or governing body of the affected

Indian tribe, of the approval of such candidate site by reason of

the inaction of the President.

(2) The President may delay for not more than 6 months his

decision under paragraph (1) to approve or disapprove a candidate

site, upon determining that the information provided with the

recommendation of the Secretary is insufficient to permit a

decision within the 60-day period referred to in paragraph (1). The

President may invoke his authority under this paragraph by

submitting written notice to the Congress, within such 60-day

period, of his intent to invoke such authority. If the President

invokes such authority, but fails to approve or disapprove the

candidate site involved by the end of such 6-month period, such

candidate site shall be considered to be approved, and the

Secretary shall notify such Governor and legislature, or governing

body of the affected Indian tribe, of the approval of such

candidate site by reason of the inaction of the President.

(d) Preliminary activities

Except as otherwise provided in this section, each activity of

the President or the Secretary under this section shall be

considered to be a preliminary decisionmaking activity. No such

activity shall require the preparation of an environmental impact

statement under section 102(2)(C) of the National Environmental

Policy Act of 1969 (42 U.S.C. 4332(2)(C)), or to require any

environmental review under subparagraph (E) or (F) of section

102(2) of such Act.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 112, Jan. 7, 1983, 96 Stat. 2208;

Pub. L. 100-202, Sec. 101(d) [title III, Sec. 300], Dec. 22, 1987,

101 Stat. 1329-104, 1329-121; Pub. L. 100-203, title V, Sec.

5011(b)-(d), Dec. 22, 1987, 101 Stat. 1330-228; Pub. L. 102-154,

title I, Nov. 13, 1991, 105 Stat. 1000.)

-MISC1-

AMENDMENTS

1987 - Subsec. (b)(1)(C) to (H). Pub. L. 100-202 and Pub. L.

100-203, Sec. 5011(b), amended par. (1) identically, redesignating

subpars. (D) to (H) as (C) to (G), respectively, in subpar. (C)

substituting "subparagraph (B)" for "subparagraphs (B) and (C)",

and striking out former subpar. (C) which read as follows: "Not

later than July 1, 1989, the Secretary shall nominate 5 sites,

which shall include at least 3 additional sites not nominated under

subparagraph (A), and recommend by such date to the President from

such 5 nominated sites 3 candidate sites the Secretary determines

suitable for site characterization for selection of the second

repository. The Secretary may not nominate any site previously

nominated under subparagraph (A), that was not recommended as a

candidate site under subparagraph (B)."

Subsec. (d). Pub. L. 100-202 and Pub. L. 100-203, Sec. 5011(c),

amended section identically, redesignating subsec. (e) as (d) and

striking out former subsec (d) which read as follows: "After the

required recommendation of candidate sites under subsection (b) of

this section, the Secretary may continue, as he determines

necessary, to identify and study other sites to determine their

suitability for recommendation for site characterization, in

accordance with the procedures described in this section."

Subsec. (e). Pub. L. 100-202 and Pub. L. 100-203, Sec. 5011(d),

which contained identical amendments directing that subsec. (f) be

struck out and all subsequent subsections be redesignated

accordingly, was executed by striking out subsec. (e) as the

probable intent of Congress because of the redesignation of former

subsec. (f) as (e) by Pub. L. 100-202 and Pub. L. 100-203, Sec.

5011(c), and the absence of any subsections subsequent to former

subsec. (f). Subsec. (e) read as follows: "Nothing in this section

may be construed as prohibiting the Secretary from continuing

ongoing or presently planned site characterization at any site on

Department of Energy land for which the location of the principal

borehole has been approved by the Secretary by August 1, 1982,

except that (1) the environmental assessment described in

subsection (b)(1) of this section shall be prepared and made

available to the public before proceeding to sink shafts at any

such site; and (2) the Secretary shall not continue site

characterization at any such site unless such site is among the

candidate sites recommended by the Secretary under the first

sentence of subsection (b) of this section for site

characterization and approved by the President under subsection (c)

of this section; and (3) the Secretary shall conduct public

hearings under section 10133(b)(2) of this title and comply with

requirements under section 10137 of this title within one year of

January 7, 1983."

Pub. L. 100-202 and Pub. L. 100-203, Sec. 5011(c), amended

section identically, redesignating subsec. (f) as (e). Former

subsec. (e) redesignated (d).

Subsec. (f). Pub. L. 100-202 and Pub. L. 100-203, Sec. 5011(c),

amended section identically, redesignating subsec. (f) as (e).

-CHANGE-

CHANGE OF NAME

"United States Geological Survey" substituted for "Geological

Survey" in subsec. (a) pursuant to provision of title I of Pub. L.

102-154, set out as a note under section 31 of Title 43, Public

Lands.

-EXEC-

DELEGATION OF NOTIFICATION FUNCTION

Letter of the President of the United States, dated May 28, 1986,

51 F.R. 19531, provided:

Letter to the Honorable John S. Herrington, Secretary of Energy

Dear Mr. Secretary:

You are hereby authorized to perform the notification function

vested in the President pursuant to Section 112(c)(1) of the

Nuclear Waste Policy Act of 1982, 42 U.S.C. Sec. 10132(c)(1).

This document shall be published in the Federal Register.

Sincerely,

Ronald Reagan.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10101, 10133, 10137,

10138, 10139, 10161, 10172a, 10221 of this title.

-FOOTNOTE-

(!1) So in original. There is no cl. (ii).

-End-

-CITE-

42 USC Sec. 10133 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part A - Repositories for Disposal of High-Level Radioactive Waste

and Spent Nuclear Fuel

-HEAD-

Sec. 10133. Site characterization

-STATUTE-

(a) In general

The Secretary shall carry out, in accordance with the provisions

of this section, appropriate site characterization activities at

the Yucca Mountain site. The Secretary shall consider fully the

comments received under subsection (b)(2) of this section and

section 10132(b)(2) of this title and shall, to the maximum extent

practicable and in consultation with the Governor of the State of

Nevada, conduct site characterization activities in a manner that

minimizes any significant adverse environmental impacts identified

in such comments or in the environmental assessment submitted under

subsection (b)(1) of this section.

(b) Commission and States

(1) Before proceeding to sink shafts at the Yucca Mountain site,

the Secretary shall submit for such candidate site to the

Commission and to the Governor or legislature of the State of

Nevada, for their review and comment -

(A) a general plan for site characterization activities to be

conducted at such candidate site, which plan shall include -

(i) a description of such candidate site;

(ii) a description of such site characterization activities,

including the following: the extent of planned excavations,

plans for any onsite testing with radioactive or nonradioactive

material, plans for any investigation activities that may

affect the capability of such candidate site to isolate

high-level radioactive waste and spent nuclear fuel, and plans

to control any adverse, safety-related impacts from such site

characterization activities;

(iii) plans for the decontamination and decommissioning of

such candidate site, and for the mitigation of any significant

adverse environmental impacts caused by site characterization

activities if it is determined unsuitable for application for a

construction authorization for a repository;

(iv) criteria to be used to determine the suitability of such

candidate site for the location of a repository, developed

pursuant to section 10132(a) of this title; and

(v) any other information required by the Commission;

(B) a description of the possible form or packaging for the

high-level radioactive waste and spent nuclear fuel to be

emplaced in such repository, a description, to the extent

practicable, of the relationship between such waste form or

packaging and the geologic medium of such site, and a description

of the activities being conducted by the Secretary with respect

to such possible waste form or packaging or such relationship;

and

likely site-specific requirements.

(2) Before proceeding to sink shafts at the Yucca Mountain site,

the Secretary shall (A) make available to the public the site

characterization plan described in paragraph (1); and (B) hold

public hearings in the vicinity of such candidate site to inform

the residents of the area in which such candidate site is located

of such plan, and to receive their comments.

(3) During the conduct of site characterization activities at the

Yucca Mountain site, the Secretary shall report not less than once

every 6 months to the Commission and to the Governor and

legislature of the State of Nevada, on the nature and extent of

such activities and the information developed from such activities.

(1) The Secretary may conduct at the Yucca Mountain site only

such site characterization activities as the Secretary considers

necessary to provide the data required for evaluation of the

suitability of such site for an application to be submitted to the

Commission for a construction authorization for a repository at

such site, and for compliance with the National Environmental

Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(2) In conducting site characterization activities -

(A) the Secretary may not use any radioactive material at a

site unless the Commission concurs that such use is necessary to

provide data for the preparation of the required environmental

reports and an application for a construction authorization for a

repository at such site; and

(B) if any radioactive material is used at a site -

(i) the Secretary shall use the minimum quantity necessary to

determine the suitability of such site for a repository, but in

no event more than the curie equivalent of 10 metric tons of

spent nuclear fuel; and

(ii) such radioactive material shall be fully retrievable.

(3) If the Secretary at any time determines the Yucca Mountain

site to be unsuitable for development as a repository, the

Secretary shall -

(A) terminate all site characterization activities at such

site;

(B) notify the Congress, the Governor and legislature of Nevada

of such termination and the reasons for such termination;

fuel, or other radioactive materials at or in such site as

promptly as practicable;

(D) take reasonable and necessary steps to reclaim the site and

to mitigate any significant adverse environmental impacts caused

by site characterization activities at such site;

(E) suspend all future benefits payments under part F of this

subchapter with respect to such site; and

(F) report to Congress not later than 6 months after such

determination the Secretary's recommendations for further action

to assure the safe, permanent disposal of spent nuclear fuel and

high-level radioactive waste, including the need for new

legislative authority.

(d) Preliminary activities

Each activity of the Secretary under this section that is in

compliance with the provisions of subsection (c) of this section

shall be considered a preliminary decisionmaking activity. No such

activity shall require the preparation of an environmental impact

statement under section 102(2)(C) of the National Environmental

Policy Act of 1969 (42 U.S.C. 4332(2)(C)), or to (!1) require any

environmental review under subparagraph (E) or (F) of section

102(2) of such Act.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 113, Jan. 7, 1983, 96 Stat. 2211;

Pub. L. 100-202, Sec. 101(d) [title III, Sec. 300], Dec. 22, 1987,

101 Stat. 1329-104, 1329-121; Pub. L. 100-203, title V, Sec.

5011(e)-(g), Dec. 22, 1987, 101 Stat. 1330-228.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

subsec. (c)(1), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 et

seq.) of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 4321 of this title

and Tables.

-MISC1-

AMENDMENTS

1987 - Subsec. (a). Pub. L. 100-202 and Pub. L. 100-203, Sec.

5011(e)(2), which contained identical amendments directing that "at

the Yucca Mountain site" be substituted for "beginning" and all

that follows through "geological media", were executed by

substituting "at the Yucca Mountain site" for "beginning with the

candidate sites that have been approved under section 10132 of this

title and are located in various geologic media" as the probable

intent of Congress.

Pub. L. 100-202 and Pub. L. 100-203, Sec. 5011(e)(1), amended

subsec. (a) identically, substituting "State of Nevada" for "State

involved or the governing body of the affected Indian tribe

involved".

Subsec. (b)(1). Pub. L. 100-202 and Pub. L. 100-203, Sec.

5011(f)(1), amended par. (1) identically, substituting "the Yucca

Mountain site" for "any candidate site" and "the Governor or

legislature of the State of Nevada" for "either the Governor and

legislature of the State in which such candidate site is located,

or the governing body of the affected Indian tribe on whose

reservation such candidate site is located, as the case may be".

Subsec. (b)(2). Pub. L. 100-202 and Pub. L. 100-203, Sec.

5011(f)(2), amended par. (2) identically, substituting "the Yucca

Mountain site" for "any candidate site".

Subsec. (b)(3). Pub. L. 100-202 and Pub. L. 100-203, Sec.

5011(f)(3), amended par. (3) identically, substituting "the Yucca

Mountain site" for "a candidate site", striking "either" before

"the Governor", and substituting "the State of Nevada" for "the

State in which such candidate site is located, or the governing

body of the affected Indian tribe where such candidate site is

located, as the case may be".

Subsec. (c)(1). Pub. L. 100-202 and Pub. L. 100-203, Sec.

5011(g)(1), amended par. (1) identically, substituting "the Yucca

Mountain site" for "any candidate site", "suitability of such site"

for "suitability of such candidate site", and "repository at such

site" for "repository at such candidate site".

Subsec. (c)(2). Pub. L. 100-202 and Pub. L. 100-203, Sec.

5011(g)(2), amended par. (2) identically, striking out "candidate"

before "site" in two places in subpar. (A) and in two places in

subpar. (B).

Subsec. (c)(3), (4). Pub. L. 100-202 and Pub. L. 100-203, Sec.

5011(g)(3), amended subsec. (c) identically, adding par. (3) and

striking out former pars. (3) and (4) which read as follows:

"(3) If site characterization activities are terminated at a

candidate site for any reason, the Secretary shall (A) notify the

Congress, the Governors and legislatures of all States in which

candidate sites are located, and the governing bodies of all

affected Indian tribes where candidate sites are located, of such

termination and the reasons for such termination; and (B) remove

any high-level radioactive waste, spent nuclear fuel, or other

radioactive materials at or in such candidate site as promptly as

practicable.

"(4) If a site is determined to be unsuitable for application for

a construction authorization for a repository, the Secretary shall

take reasonable and necessary steps to reclaim the site and to

mitigate any significant adverse environmental impacts caused by

site characterization activities."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10101, 10132, 10134,

10136, 10244, 10245 of this title.

-FOOTNOTE-

(!1) So in original. The word "to" probably should not appear.

-End-

-CITE-

42 USC Sec. 10134 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part A - Repositories for Disposal of High-Level Radioactive Waste

and Spent Nuclear Fuel

-HEAD-

Sec. 10134. Site approval and construction authorization

-STATUTE-

(a) Hearings and Presidential recommendation

(1) The Secretary shall hold public hearings in the vicinity of

the Yucca Mountain site, for the purposes of informing the

residents of the area of such consideration and receiving their

comments regarding the possible recommendation of such site. If,

upon completion of such hearings and completion of site

characterization activities at the Yucca Mountain site, under

section 10133 of this title, the Secretary decides to recommend

approval of such site to the President, the Secretary shall notify

the Governor and legislature of the State of Nevada, of such

decision. No sooner than the expiration of the 30-day period

following such notification, the Secretary shall submit to the

President a recommendation that the President approve such site for

the development of a repository. Any such recommendation by the

Secretary shall be based on the record of information developed by

the Secretary under section 10133 of this title and this section,

including the information described in subparagraph (A) through

subparagraph (G). Together with any recommendation of a site under

this paragraph, the Secretary shall make available to the public,

and submit to the President, a comprehensive statement of the basis

of such recommendation, including the following:

(A) a description of the proposed repository, including

preliminary engineering specifications for the facility;

(B) a description of the waste form or packaging proposed for

use at such repository, and an explanation of the relationship

between such waste form or packaging and the geologic medium of

such site;

activities, relating to the safety of such site;

(D) a final environmental impact statement prepared for the

Yucca Mountain site pursuant to subsection (f) of this section

and the National Environmental Policy Act of 1969 (42 U.S.C. 4321

et seq.), together with comments made concerning such

environmental impact statement by the Secretary of the Interior,

the Council on Environmental Quality, the Administrator, and the

Commission, except that the Secretary shall not be required in

any such environmental impact statement to consider the need for

a repository, the alternatives to geological disposal, or

alternative sites to the Yucca Mountain site;

(E) preliminary comments of the Commission concerning the

extent to which the at-depth site characterization analysis and

the waste form proposal for such site seem to be sufficient for

inclusion in any application to be submitted by the Secretary for

licensing of such site as a repository;

(F) the views and comments of the Governor and legislature of

any State, or the governing body of any affected Indian tribe, as

determined by the Secretary, together with the response of the

Secretary to such views;

(G) such other information as the Secretary considers

appropriate; and

(H) any impact report submitted under section 10136(c)(2)(B) of

this title by the State of Nevada.

(2)(A) If, after recommendation by the Secretary, the President

considers the Yucca Mountain site qualified for application for a

construction authorization for a repository, the President shall

submit a recommendation of such site to Congress.

(B) The President shall submit with such recommendation a copy of

the statement for such site prepared by the Secretary under

paragraph (1).

(3)(A) The President may not recommend the approval of the Yucca

Mountain site unless the Secretary has recommended to the President

under paragraph (1) approval of such site and has submitted to the

President a statement for such site as required under such

paragraph.

(B) No recommendation of a site by the President under this

subsection shall require the preparation of an environmental impact

statement under section 102(2)(C) of the National Environmental

Policy Act of 1969 (42 U.S.C. 4332(2)(C)), or to (!1) require any

environmental review under subparagraph (E) or (F) of section

102(2) of such Act.

(b) Submission of application

If the President recommends to the Congress the Yucca Mountain

site under subsection (a) of this section and the site designation

is permitted to take effect under section 10135 of this title, the

Secretary shall submit to the Commission an application for a

construction authorization for a repository at such site not later

than 90 days after the date on which the recommendation of the site

designation is effective under such section and shall provide to

the Governor and legislature of the State of Nevada a copy of such

application.

Not later than 1 year after the date on which an application for

a construction authorization is submitted under subsection (b) of

this section, and annually thereafter until the date on which such

authorization is granted, the Commission shall submit a report to

the Congress describing the proceedings undertaken through the date

of such report with regard to such application, including a

description of -

(1) any major unresolved safety issues, and the explanation of

the Secretary with respect to design and operation plans for

resolving such issues;

(2) any matters of contention regarding such application; and

(3) any Commission actions regarding the granting or denial of

such authorization.

(d) Commission action

The Commission shall consider an application for a construction

authorization for all or part of a repository in accordance with

the laws applicable to such applications, except that the

Commission shall issue a final decision approving or disapproving

the issuance of a construction authorization not later than the

expiration of 3 years after the date of the submission of such

application, except that the Commission may extend such deadline by

not more than 12 months if, not less than 30 days before such

deadline, the Commission complies with the reporting requirements

established in subsection (e)(2) of this section. The Commission

decision approving the first such application shall prohibit the

emplacement in the first repository of a quantity of spent fuel

containing in excess of 70,000 metric tons of heavy metal or a

quantity of solidified high-level radioactive waste resulting from

the reprocessing of such a quantity of spent fuel until such time

as a second repository is in operation. In the event that a

monitored retrievable storage facility, approved pursuant to part C

of this subchapter, shall be located, or is planned to be located,

within 50 miles of the first repository, then the Commission

decision approving the first such application shall prohibit the

emplacement of a quantity of spent fuel containing in excess of

70,000 metric tons of heavy metal or a quantity of solidified

high-level radioactive waste resulting from the reprocessing of

spent fuel in both the repository and monitored retrievable storage

facility until such time as a second repository is in operation.

(e) Project decision schedule

(1) The Secretary shall prepare and update, as appropriate, in

cooperation with all affected Federal agencies, a project decision

schedule that portrays the optimum way to attain the operation of

the repository, within the time periods specified in this part.

Such schedule shall include a description of objectives and a

sequence of deadlines for all Federal agencies required to take

action, including an identification of the activities in which a

delay in the start, or completion, of such activities will cause a

delay in beginning repository operation.

(2) Any Federal agency that determines that it cannot comply with

any deadline in the project decision schedule, or fails to so

comply, shall submit to the Secretary and to the Congress a written

report explaining the reason for its failure or expected failure to

meet such deadline, the reason why such agency could not reach an

agreement with the Secretary, the estimated time for completion of

the activity or activities involved, the associated effect on its

other deadlines in the project decision schedule, and any

recommendations it may have or actions it intends to take regarding

any improvements in its operation or organization, or changes to

its statutory directives or authority, so that it will be able to

mitigate the delay involved. The Secretary, within 30 days after

receiving any such report, shall file with the Congress his

response to such report, including the reasons why the Secretary

could not amend the project decision schedule to accommodate the

Federal agency involved.

(f) Environmental impact statement

(1) Any recommendation made by the Secretary under this section

shall be considered a major Federal action significantly affecting

the quality of the human environment for purposes of the National

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). A final

environmental impact statement prepared by the Secretary under such

Act shall accompany any recommendation to the President to approve

a site for a repository.

(2) With respect to the requirements imposed by the National

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),

compliance with the procedures and requirements of this chapter

shall be deemed adequate consideration of the need for a

repository, the time of the initial availability of a repository,

and all alternatives to the isolation of high-level radioactive

waste and spent nuclear fuel in a repository.

(3) For purposes of complying with the requirements of the

National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

and this section, the Secretary need not consider alternate sites

to the Yucca Mountain site for the repository to be developed under

this part.

(4) Any environmental impact statement prepared in connection

with a repository proposed to be constructed by the Secretary under

this part shall, to the extent practicable, be adopted by the

Commission in connection with the issuance by the Commission of a

construction authorization and license for such repository. To the

extent such statement is adopted by the Commission, such adoption

shall be deemed to also satisfy the responsibilities of the

Commission under the National Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.) and no further consideration shall be

required, except that nothing in this subsection shall affect any

independent responsibilities of the Commission to protect the

public health and safety under the Atomic Energy Act of 1954 (42

U.S.C. 2011 et seq.).

(5) Nothing in this chapter shall be construed to amend or

otherwise detract from the licensing requirements of the Nuclear

Regulatory Commission established in title II of the Energy

Reorganization Act of 1974 (42 U.S.C. 5841 et seq.).

(6) In any such statement prepared with respect to the repository

to be constructed under this part, the Nuclear Regulatory

Commission need not consider the need for a repository, the time of

initial availability of a repository, alternate sites to the Yucca

Mountain site, or nongeologic alternatives to such site.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 114, Jan. 7, 1983, 96 Stat. 2213;

Pub. L. 100-202, Sec. 101(d) [title III, Sec. 300], Dec. 22, 1987,

101 Stat. 1329-104, 1329-121; Pub. L. 100-203, title V, Sec.

5011(h)-(l), Dec. 22, 1987, 101 Stat. 1330-229, 1330-230.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

subsecs. (a)(1)(D) and (f), is Pub. L. 91-190, Jan. 1, 1970, 83

Stat. 852, as amended, which is classified generally to chapter 55

(Sec. 4321 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

4321 of this title and Tables.

The Atomic Energy Act of 1954, referred to in subsec. (f)(4), is

act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073,

Sec. 1, 68 Stat. 921, and amended, which is classified generally to

chapter 23 (Sec. 2011 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 2011 of this title and Tables.

The Energy Reorganization Act of 1974, referred to in subsec.

(f)(5), is Pub. L. 93-438, Oct. 11, 1974, 88 Stat. 1233, as

amended. Title II of the Energy Reorganization Act of 1974 is

classified generally to subchapter II (Sec. 5841 et seq.) of

chapter 73 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 5801 of

this title and Tables.

-MISC1-

AMENDMENTS

1987 - Subsec. (a)(1). Pub. L. 100-202 and Pub. L. 100-203, Sec.

5011(h)(1)(A)-(E), amended par. (1) identically, in introductory

provisions substituting "vicinity of the Yucca Mountain site" for

"vicinity of each site under consideration for recommendation to

the President under this paragraph as a site for the development of

a repository", striking out "in which such site is located" after

"residents of the area", substituting "activities at the Yucca

Mountain site" for "activities at not less than 3 candidate sites

for the first proposed repository, or from all of the characterized

sites for the development of subsequent respositories" [sic] and

"of Nevada" for "in which such site is located, or the governing

body of the affected Indian tribe where such site is located, as

the case may be", and struck out before last sentence "In making

site recommendations and approvals subsequent to the first site

recommendation, the Secretary and the President, respectively,

shall also consider the need for regional distribution of

repositories and the need to minimize, to the extent practicable,

the impacts and cost of transporting spent fuel and solidified

high-level radioactive waste."

Subsec. (a)(1)(D). Pub. L. 100-202 and Pub. L. 100-203, Sec.

5011(h)(1)(F), generally amended subpar. (D) identically. Prior to

amendment, subpar. (D) read as follows: "a final environmental

impact statement prepared pursuant to subsection (f) of this

section and the National Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.), including an analysis of the consideration

given by the Secretary to not less than 3 candidate sites for the

first proposed respository [sic] or to all of the characterized

sites for the development of subsequent repositories, with respect

to which site characterization is completed under section 10133 of

this title, together with comments made concerning such

environmental impact statement by the Secretary of the Interior,

the Council on Environmental Quality, the Administrator, and the

Commission, except that any such environmental impact statement

concerning the first repository to be developed under this chapter

shall not be required to consider the need for a repository or the

alternatives to geologic disposal;".

Subsec. (a)(1)(H). Pub. L. 100-202 and Pub. L. 100-203, Sec.

5011(h)(1)(G), amended subpar. (H) identically, substituting "the

State of Nevada" for "the State in which such site is located, or

under section 10138(b)(3)(B) of this title by the affected Indian

tribe where such site is located, as the case may be".

Subsec. (a)(2). Pub. L. 100-202 and Pub. L. 100-203, Sec.

5011(h)(2), amended subsec. (a) identically, adding par. (2) and

striking out former par. (2) which required submission of

recommendation of one site for repository not later than Mar. 31,

1987, and recommendation of second site not later than Mar. 31,

1990, and permitted subsequent recommendations for other sites and

extension of deadlines.

Subsec. (a)(3), (4). Pub. L. 100-202 and Pub. L. 100-203, Sec.

5011(h)(2), (3), amended subsec. (a) identically, redesignating

par. (4) as (3), in subpar. (A), substituting "the Yucca Mountain

site" for "any site under this subsection" and "statement" for

"report", and striking out former par. (3) which read as follows:

"If approval of any such site recommendation does not take effect

as a result of a disapproval by the Governor or legislature of a

State under section 10136 of this title or the governing body of an

affected Indian tribe under section 10138 of this title, the

President shall submit to the Congress, not later than 1 year after

the disapproval of such recommendation, a recommendation of another

site for the first or subsequent repository."

Subsec. (b). Pub. L. 100-202 and Pub. L. 100-203, Sec. 5011(i),

amended subsec. (b) identically, substituting "the Yucca Mountain

site" for "a site for a repository" and "State of Nevada" for

"State in which such site is located, or the governing body of the

affected Indian tribe where such site is located, as the case may

be,".

Subsec. (d). Pub. L. 100-202 and Pub. L. 100-203, Sec. 5011(j),

amended subsec. (d) identically, substituting "than the expiration"

for "than - (1) January 1, 1989, for the first such application,

and January 1, 1992 for the second such application; or (2) the

expiration" and "subsection (e)(2) of this section" for "subsection

(e)(2) of this section; whichever occurs later".

Subsec. (e)(1). Pub. L. 100-202 and Pub. L. 100-203, Sec.

5011(k), amended par. (1) identically, substituting "operation of

the repository" for "operation of the repository involved".

Subsec. (f). Pub. L. 100-202 and Pub. L. 100-203, Sec. 5011(l),

generally amended subsec. (f) identically, substituting provisions

consisting of pars. (1) to (6) for former provisions consisting of

single unnumbered par.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which a report required under subsec. (c) of this section is listed

as the 17th item on page 186), see section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance.

VIABILITY ASSESSMENT OF YUCCA MOUNTAIN SITE

Pub. L. 104-206, title III, Sept. 30, 1996, 110 Stat. 2995,

provided in part: "That no later than September 30, 1998, the

Secretary shall provide to the President and to the Congress a

viability assessment of the Yucca Mountain site. The viability

assessment shall include:

"(1) the preliminary design concept for the critical elements

for the repository and waste package;

"(2) a total system performance assessment, based upon the

design concept and the scientific data and analysis available by

September 30, 1998, describing the probable behavior of the

repository in the Yucca Mountain geological setting relative to

the overall system performance standards;

"(3) a plan and cost estimate for the remaining work required

to complete a license application; and

"(4) an estimate of the costs to construct and operate the

repository in accordance with the design concept."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10135, 10136, 10138,

10142, 10165 of this title.

-FOOTNOTE-

(!1) So in original. The word "to" probably should not appear.

-End-

-CITE-

42 USC Sec. 10135 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part A - Repositories for Disposal of High-Level Radioactive Waste

and Spent Nuclear Fuel

-HEAD-

Sec. 10135. Review of repository site selection

-STATUTE-

(a) "Resolution of repository siting approval" defined

For purposes of this section, the term "resolution of repository

siting approval" means a joint resolution of the Congress, the

matter after the resolving clause of which is as follows: "That

there hereby is approved the site at .......... for a repository,

with respect to which a notice of disapproval was submitted by

.......... on ...........". The first blank space in such

resolution shall be filled with the name of the geographic location

of the proposed site of the repository to which such resolution

pertains; the second blank space in such resolution shall be filled

with the designation of the State Governor and legislature or

Indian tribe governing body submitting the notice of disapproval to

which such resolution pertains; and the last blank space in such

resolution shall be filled with the date of such submission.

(b) State or Indian tribe petitions

The designation of a site as suitable for application for a

construction authorization for a repository shall be effective at

the end of the 60-day period beginning on the date that the

President recommends such site to the Congress under section 10134

of this title, unless the Governor and legislature of the State in

which such site is located, or the governing body of an Indian

tribe on whose reservation such site is located, as the case may

be, has submitted to the Congress a notice of disapproval under

section 10136 or 10138 of this title. If any such notice of

disapproval has been submitted, the designation of such site shall

not be effective except as provided under subsection (c) of this

section.

If any notice of disapproval of a repository site designation has

been submitted to the Congress under section 10136 or 10138 of this

title after a recommendation for approval of such site is made by

the President under section 10134 of this title, such site shall be

disapproved unless, during the first period of 90 calendar days of

continuous session of the Congress after the date of the receipt by

the Congress of such notice of disapproval, the Congress passes a

resolution of repository siting approval in accordance with this

subsection approving such site, and such resolution thereafter

becomes law.

(d) Procedures applicable to Senate

(1) The provisions of this subsection are enacted by the Congress

(A) as an exercise of the rulemaking power of the Senate, and

as such they are deemed a part of the rules of the Senate, but

applicable only with respect to the procedure to be followed in

the Senate in the case of resolutions of repository siting

approval, and such provisions supersede other rules of the Senate

only to the extent that they are inconsistent with such other

rules; and

(B) with full recognition of the constitutional right of the

Senate to change the rules (so far as relating to the procedure

of the Senate) at any time, in the same manner and to the same

extent as in the case of any other rule of the Senate.

(2)(A) Not later than the first day of session following the day

on which any notice of disapproval of a repository site selection

is submitted to the Congress under section 10136 or 10138 of this

title, a resolution of repository siting approval shall be

introduced (by request) in the Senate by the chairman of the

committee to which such notice of disapproval is referred, or by a

Member or Members of the Senate designated by such chairman.

(B) Upon introduction, a resolution of repository siting approval

shall be referred to the appropriate committee or committees of the

Senate by the President of the Senate, and all such resolutions

with respect to the same repository site shall be referred to the

same committee or committees. Upon the expiration of 60 calendar

days of continuous session after the introduction of the first

resolution of repository siting approval with respect to any site,

each committee to which such resolution was referred shall make its

recommendations to the Senate.

(3) If any committee to which is referred a resolution of siting

approval introduced under paragraph (2)(A), or, in the absence of

such a resolution, any other resolution of siting approval

introduced with respect to the site involved, has not reported such

resolution at the end of 60 days of continuous session of Congress

after introduction of such resolution, such committee shall be

deemed to be discharged from further consideration of such

resolution, and such resolution shall be placed on the appropriate

calendar of the Senate.

(4)(A) When each committee to which a resolution of siting

approval has been referred has reported, or has been deemed to be

discharged from further consideration of, a resolution described in

paragraph (3), it shall at any time thereafter be in order (even

though a previous motion to the same effect has been disagreed to)

for any Member of the Senate to move to proceed to the

consideration of such resolution. Such motion shall be highly

privileged and shall not be debatable. Such motion shall not be

subject to amendment, to a motion to postpone, or to a motion to

proceed to the consideration of other business. A motion to

reconsider the vote by which such motion is agreed to or disagreed

to shall not be in order. If a motion to proceed to the

consideration of such resolution is agreed to, such resolution

shall remain the unfinished business of the Senate until disposed

of.

(B) Debate on a resolution of siting approval, and on all

debatable motions and appeals in connection with such resolution,

shall be limited to not more than 10 hours, which shall be divided

equally between Members favoring and Members opposing such

resolution. A motion further to limit debate shall be in order and

shall not be debatable. Such motion shall not be subject to

amendment, to a motion to postpone, or to a motion to proceed to

the consideration of other business, and a motion to recommit such

resolution shall not be in order. A motion to reconsider the vote

by which such resolution is agreed to or disagreed to shall not be

in order.

resolution of siting approval, and a single quorum call at the

conclusion of such debate if requested in accordance with the rules

of the Senate, the vote on final approval of such resolution shall

occur.

(D) Appeals from the decisions of the Chair relating to the

application of the rules of the Senate to the procedure relating to

a resolution of siting approval shall be decided without debate.

(5) If the Senate receives from the House a resolution of

repository siting approval with respect to any site, then the

following procedure shall apply:

(A) The resolution of the House with respect to such site shall

not be referred to a committee.

(B) With respect to the resolution of the Senate with respect

to such site -

(i) the procedure with respect to that or other resolutions

of the Senate with respect to such site shall be the same as if

no resolution from the House with respect to such site had been

received; but

(ii) on any vote on final passage of a resolution of the

Senate with respect to such site, a resolution from the House

with respect to such site where the text is identical shall be

automatically substituted for the resolution of the Senate.

(e) Procedures applicable to House of Representatives

(1) The provisions of this section are enacted by the Congress -

(A) as an exercise of the rulemaking power of the House of

Representatives, and as such they are deemed a part of the rules

of the House, but applicable only with respect to the procedure

to be followed in the House in the case of resolutions of

repository siting approval, and such provisions supersede other

rules of the House only to the extent that they are inconsistent

with such other rules; and

(B) with full recognition of the constitutional right of the

House to change the rules (so far as relating to the procedure of

the House) at any time, in the same manner and to the same extent

as in the case of any other rule of the House.

(2) Resolutions of repository siting approval shall upon

introduction, be immediately referred by the Speaker of the House

to the appropriate committee or committees of the House. Any such

resolution received from the Senate shall be held at the Speaker's

table.

(3) Upon the expiration of 60 days of continuous session after

the introduction of the first resolution of repository siting

approval with respect to any site, each committee to which such

resolution was referred shall be discharged from further

consideration of such resolution, and such resolution shall be

referred to the appropriate calendar, unless such resolution or an

identical resolution was previously reported by each committee to

which it was referred.

(4) It shall be in order for the Speaker to recognize a Member

favoring a resolution to call up a resolution of repository siting

approval after it has been on the appropriate calendar for 5

legislative days. When any such resolution is called up, the House

shall proceed to its immediate consideration and the Speaker shall

recognize the Member calling up such resolution and a Member

opposed to such resolution for 2 hours of debate in the House, to

be equally divided and controlled by such Members. When such time

has expired, the previous question shall be considered as ordered

on the resolution to adoption without intervening motion. No

amendment to any such resolution shall be in order, nor shall it be

in order to move to reconsider the vote by which such resolution is

agreed to or disagreed to.

(5) If the House receives from the Senate a resolution of

repository siting approval with respect to any site, then the

following procedure shall apply:

(A) The resolution of the Senate with respect to such site

shall not be referred to a committee.

(B) With respect to the resolution of the House with respect to

such site -

(i) the procedure with respect to that or other resolutions

of the House with respect to such site shall be the same as if

no resolution from the Senate with respect to such site had

been received; but

(ii) on any vote on final passage of a resolution of the

House with respect to such site, a resolution from the Senate

with respect to such site where the text is identical shall be

automatically substituted for the resolution of the House.

(f) Computation of days

For purposes of this section -

(1) continuity of session of Congress is broken only by an

adjournment sine die; and

(2) the days on which either House is not in session because of

an adjournment of more than 3 days to a day certain are excluded

in the computation of the 90-day period referred to in subsection

subsections (d) and (e) of this section.

(g) Information provided to Congress

In considering any notice of disapproval submitted to the

Congress under section 10136 or 10138 of this title, the Congress

may obtain any comments of the Commission with respect to such

notice of disapproval. The provision of such comments by the

Commission shall not be construed as binding the Commission with

respect to any licensing or authorization action concerning the

repository involved.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 115, Jan. 7, 1983, 96 Stat. 2217.)

-MISC1-

YUCCA MOUNTAIN, NEVADA REPOSITORY SITE

Pub. L. 107-200, July 23, 2002, 116 Stat. 735, provided: "That

there hereby is approved the site at Yucca Mountain, Nevada, for a

repository, with respect to which a notice of disapproval was

submitted by the Governor of the State of Nevada on April 8, 2002."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10121, 10134, 10136,

10138, 10155, 10161, 10166, 10168, 10225 of this title.

-End-

-CITE-

42 USC Sec. 10136 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part A - Repositories for Disposal of High-Level Radioactive Waste

and Spent Nuclear Fuel

-HEAD-

Sec. 10136. Participation of States

-STATUTE-

(a) Notification of States and affected tribes

The Secretary shall identify the States with one or more

potentially acceptable sites for a repository within 90 days after

January 7, 1983. Within 90 days of such identification, the

Secretary shall notify the Governor, the State legislature, and the

tribal council of any affected Indian tribe in any State of the

potentially acceptable sites within such State. For the purposes of

this subchapter, the term "potentially acceptable site" means any

site at which, after geologic studies and field mapping but before

detailed geologic data gathering, the Department undertakes

preliminary drilling and geophysical testing for the definition of

site location.

(b) State participation in repository siting decisions

(1) Unless otherwise provided by State law, the Governor or

legislature of each State shall have authority to submit a notice

of disapproval to the Congress under paragraph (2). In any case in

which State law provides for submission of any such notice of

disapproval by any other person or entity, any reference in this

part to the Governor or legislature of such State shall be

considered to refer instead to such other person or entity.

(2) Upon the submission by the President to the Congress of a

recommendation of a site for a repository, the Governor or

legislature of the State in which such site is located may

disapprove the site designation and submit to the Congress a notice

of disapproval. Such Governor or legislature may submit such a

notice of disapproval to the Congress not later than the 60 days

after the date that the President recommends such site to the

Congress under section 10134 of this title. A notice of disapproval

shall be considered to be submitted to the Congress on the date of

the transmittal of such notice of disapproval to the Speaker of the

House and the President pro tempore of the Senate. Such notice of

disapproval shall be accompanied by a statement of reasons

explaining why such Governor or legislature disapproved the

recommended repository site involved.

(3) The authority of the Governor or legislature of each State

under this subsection shall not be applicable with respect to any

site located on a reservation.

(1)(A) The Secretary shall make grants to the State of Nevada and

any affected unit of local government for the purpose of

participating in activities required by this section and section

10137 of this title or authorized by written agreement entered into

pursuant to section 10137(c) of this title. Any salary or travel

expense that would ordinarily be incurred by such State or affected

unit of local government, may not be considered eligible for

funding under this paragraph.

(B) The Secretary shall make grants to the State of Nevada and

any affected unit of local government for purposes of enabling such

State or affected unit of local government -

(i) to review activities taken under this part with respect to

the Yucca Mountain site for purposes of determining any potential

economic, social, public health and safety, and environmental

impacts of a repository on such State, or affected unit of local

government and its residents;

(ii) to develop a request for impact assistance under paragraph

(2);

(iii) to engage in any monitoring, testing, or evaluation

activities with respect to site characterization programs with

regard to such site;

(iv) to provide information to Nevada residents regarding any

activities of such State, the Secretary, or the Commission with

respect to such site; and

(v) to request information from, and make comments and

recommendations to, the Secretary regarding any activities taken

under this part with respect to such site.

incurred by the State of Nevada or any affected unit of local

government may not be considered eligible for funding under this

paragraph.

(2)(A)(i) The Secretary shall provide financial and technical

assistance to the State of Nevada, and any affected unit of local

government requesting such assistance.

(ii) Such assistance shall be designed to mitigate the impact on

such State or affected unit of local government of the development

of such repository and the characterization of such site.

(iii) Such assistance to such State or affected unit of local

government of such State shall commence upon the initiation of site

characterization activities.

(B) The State of Nevada and any affected unit of local government

may request assistance under this subsection by preparing and

submitting to the Secretary a report on the economic, social,

public health and safety, and environmental impacts that are likely

to result from site characterization activities at the Yucca

Mountain site. Such report shall be submitted to the Secretary

after the Secretary has submitted to the State a general plan for

site characterization activities under section 10133(b) of this

title.

site characterization plan, the Secretary shall seek to enter into

a binding agreement with the State of Nevada setting forth -

(i) the amount of assistance to be provided under this

subsection to such State or affected unit of local government;

and

(ii) the procedures to be followed in providing such

assistance.

(3)(A) In addition to financial assistance provided under

paragraphs (1) and (2), the Secretary shall grant to the State of

Nevada and any affected unit of local government an amount each

fiscal year equal to the amount such State or affected unit of

local government, respectively, would receive if authorized to tax

site characterization activities at such site, and the development

and operation of such repository, as such State or affected unit of

local government taxes the non-Federal real property and industrial

activities occurring within such State or affected unit of local

government.

(B) Such grants shall continue until such time as all such

activities, development, and operation are terminated at such site.

(4)(A) The State of Nevada or any affected unit of local

government may not receive any grant under paragraph (1) after the

expiration of the 1-year period following -

(i) the date on which the Secretary notifies the Governor and

legislature of the State of Nevada of the termination of site

characterization activities at the site in such State;

(ii) the date on which the Yucca Mountain site is disapproved

under section 10135 of this title; or

(iii) the date on which the Commission disapproves an

application for a construction authorization for a repository at

such site;

whichever occurs first.

(B) The State of Nevada or any affected unit of local government

may not receive any further assistance under paragraph (2) with

respect to a site if repository construction activities or site

characterization activities at such site are terminated by the

Secretary or if such activities are permanently enjoined by any

court.

date of any license to receive and possess for a repository in a

State, no Federal funds, shall be made available to such State or

affected unit of local government under paragraph (1) or (2),

except for -

(i) such funds as may be necessary to support activities

related to any other repository located in, or proposed to be

located in, such State, and for which a license to receive and

possess has not been in effect for more than 1 year;

(ii) such funds as may be necessary to support State activities

pursuant to agreements or contracts for impact assistance entered

into, under paragraph (2), by such State with the Secretary

during such 2-year period; and

(iii) such funds as may be provided under an agreement entered

into under subchapter IV of this chapter.

(5) Financial assistance authorized in this subsection shall be

made out of amounts held in the Waste Fund.

(6) No State, other than the State of Nevada, may receive

financial assistance under this subsection after December 22, 1987.

(d) Additional notification and consultation

Whenever the Secretary is required under any provision of this

chapter to notify or consult with the governing body of an affected

Indian tribe where a site is located, the Secretary shall also

notify or consult with, as the case may be, the Governor of the

State in which such reservation is located.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 116, Jan. 7, 1983, 96 Stat. 2220;

Pub. L. 100-202, Sec. 101(d) [title III, Sec. 300], Dec. 22, 1987,

101 Stat. 1329-104, 1329-121; Pub. L. 100-203, title V, Sec.

5032(a), Dec. 22, 1987, 101 Stat. 1330-241.)

-MISC1-

AMENDMENTS

1987 - Subsec. (c). Pub. L. 100-202 and Pub. L. 100-203 generally

amended subsec. (c) identically, substituting provisions consisting

of pars. (1) to (6) for former provisions consisting of pars. (1)

to (5).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10121, 10134, 10135,

10137, 10138, 10161, 10166, 10169, 10173a, 10222, 10243 of this

title.

-End-

-CITE-

42 USC Sec. 10137 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part A - Repositories for Disposal of High-Level Radioactive Waste

and Spent Nuclear Fuel

-HEAD-

Sec. 10137. Consultation with States and affected Indian tribes

-STATUTE-

(a) Provision of information

(1) The Secretary, the Commission, and other agencies involved in

the construction, operation, or regulation of any aspect of a

repository in a State shall provide to the Governor and legislature

of such State, and to the governing body of any affected Indian

tribe, timely and complete information regarding determinations or

plans made with respect to the site characterization siting,

development, design, licensing, construction, operation,

regulation, or decommissioning of such repository.

(2) Upon written request for such information by the Governor or

legislature of such State, or by the governing body of any affected

Indian tribe, as the case may be, the Secretary shall provide a

written response to such request within 30 days of the receipt of

such request. Such response shall provide the information requested

or, in the alternative, the reasons why the information cannot be

so provided. If the Secretary fails to so respond within such 30

days, the Governor or legislature of such State, or the governing

body of any affected Indian tribe, as the case may be, may transmit

a formal written objection to such failure to respond to the

President. If the President or Secretary fails to respond to such

written request within 30 days of the receipt by the President of

such formal written objection, the Secretary shall immediately

suspend all activities in such State authorized by this part, and

shall not renew such activities until the Governor or legislature

of such State, or the governing body of any affected Indian tribe,

as the case may be, has received the written response to such

written request required by this subsection.

(b) Consultation and cooperation

In performing any study of an area within a State for the purpose

of determining the suitability of such area for a repository

pursuant to section 10132(c) of this title, and in subsequently

developing and loading (!1) any repository within such State, the

Secretary shall consult and cooperate with the Governor and

legislature of such State and the governing body of any affected

Indian tribe in an effort to resolve the concerns of such State and

any affected Indian tribe regarding the public health and safety,

environmental, and economic impacts of any such repository. In

carrying out his duties under this part, the Secretary shall take

such concerns into account to the maximum extent feasible and as

specified in written agreements entered into under subsection (c)

of this section.

Not later than 60 days after (1) the approval of a site for site

characterization for such a repository under section 10132(c) of

this title, or (2) the written request of the State or Indian tribe

in any affected State notified under section 10136(a) of this title

to the Secretary, whichever,(!2) first occurs, the Secretary shall

seek to enter into a binding written agreement, and shall begin

negotiations, with such State and, where appropriate, to enter into

a separate binding agreement with the governing body of any

affected Indian tribe, setting forth (but not limited to) the

procedures under which the requirements of subsections (a) and (b)

of this section, and the provisions of such written agreement,

shall be carried out. Any such written agreement shall not affect

the authority of the Commission under existing law. Each such

written agreement shall, to the maximum extent feasible, be

completed not later than 6 months after such notification. Such

written agreement shall specify procedures -

(1) by which such State or governing body of an affected Indian

tribe, as the case may be, may study, determine, comment on, and

make recommendations with regard to the possible public health

and safety, environmental, social, and economic impacts of any

such repository;

(2) by which the Secretary shall consider and respond to

comments and recommendations made by such State or governing body

of an affected Indian tribe, including the period in which the

Secretary shall so respond;

(3) by which the Secretary and such State or governing body of

an affected Indian tribe may review or modify the agreement

periodically;

(4) by which such State or governing body of an affected Indian

tribe is to submit an impact report and request for impact

assistance under section 10136(c) of this title or section

10138(b) of this title, as the case may be;

(5) by which the Secretary shall assist such State, and the

units of general local government in the vicinity of the

repository site, in resolving the offsite concerns of such State

and units of general local government, including, but not limited

to, questions of State liability arising from accidents,

necessary road upgrading and access to the site, ongoing

emergency preparedness and emergency response, monitoring of

transportation of high-level radioactive waste and spent nuclear

fuel through such State, conduct of baseline health studies of

inhabitants in neighboring communities near the repository site

and reasonable periodic monitoring thereafter, and monitoring of

the repository site upon any decommissioning and decontamination;

(6) by which the Secretary shall consult and cooperate with

such State on a regular, ongoing basis and provide for an orderly

process and timely schedule for State review and evaluation,

including identification in the agreement of key events,

milestones, and decision points in the activities of the

Secretary at the potential repository site;

(7) by which the Secretary shall notify such State prior to the

transportation of any high-level radioactive waste and spent

nuclear fuel into such State for disposal at the repository site;

(8) by which such State may conduct reasonable independent

monitoring and testing of activities on the repository site,

except that such monitoring and testing shall not unreasonably

interfere with or delay onsite activities;

(9) for sharing, in accordance with applicable law, of all

technical and licensing information, the utilization of available

expertise, the facilitating of permit procedures, joint project

review, and the formulation of joint surveillance and monitoring

arrangements to carry out applicable Federal and State laws;

(10) for public notification of the procedures specified under

the preceding paragraphs; and

(11) for resolving objections of a State and affected Indian

tribes at any stage of the planning, siting, development,

construction, operation, or closure of such a facility within

such State through negotiation, arbitration, or other appropriate

mechanisms.

(d) On-site representative

The Secretary shall offer to any State, Indian tribe or unit of

local government within whose jurisdiction a site for a repository

or monitored retrievable storage facility is located under this

subchapter an opportunity to designate a representative to conduct

on-site oversight activities at such site. Reasonable expenses of

such representatives shall be paid out of the Waste Fund.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 117, Jan. 7, 1983, 96 Stat. 2222;

Pub. L. 100-202, Sec. 101(d) [title III, Sec. 300], Dec. 22, 1987,

101 Stat. 1329-104, 1329-121; Pub. L. 100-203, title V, Sec.

5011(m), Dec. 22, 1987, 101 Stat. 1330-231; Pub. L. 104-66, title

I, Sec. 1051(i), Dec. 21, 1995, 109 Stat. 716.)

-MISC1-

AMENDMENTS

1995 - Subsec. (c). Pub. L. 104-66 struck out after third

sentence "If such written agreement is not completed within such

period, the Secretary shall report to the Congress in writing

within 30 days on the status of negotiations to develop such

agreement and the reasons why such agreement has not been

completed. Prior to submission of such report to the Congress, the

Secretary shall transmit such report to the Governor of such State

or the governing body of such affected Indian tribe, as the case

may be, for their review and comments. Such comments shall be

included in such report prior to submission to the Congress."

1987 - Subsec. (d). Pub. L. 100-202 and Pub. L. 100-203 amended

section identically, adding subsec. (d).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10121, 10136, 10138,

10161, 10243 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "locating".

(!2) So in original. The comma probably should not appear.

-End-

-CITE-

42 USC Sec. 10138 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part A - Repositories for Disposal of High-Level Radioactive Waste

and Spent Nuclear Fuel

-HEAD-

Sec. 10138. Participation of Indian tribes

-STATUTE-

(a) Participation of Indian tribes in repository siting decisions

Upon the submission by the President to the Congress of a

recommendation of a site for a repository located on the

reservation of an affected Indian tribe, the governing body of such

Indian tribe may disapprove the site designation and submit to the

Congress a notice of disapproval. The governing body of such Indian

tribe may submit such a notice of disapproval to the Congress not

later than the 60 days after the date that the President recommends

such site to the Congress under section 10134 of this title. A

notice of disapproval shall be considered to be submitted to the

Congress on the date of the transmittal of such notice of

disapproval to the Speaker of the House and the President pro

tempore of the Senate. Such notice of disapproval shall be

accompanied by a statement of reasons explaining why the governing

body of such Indian tribe disapproved the recommended repository

site involved.

(b) Financial assistance

(1) The Secretary shall make grants to each affected tribe

notified under section 10136(a) of this title for the purpose of

participating in activities required by section 10137 of this title

or authorized by written agreement entered into pursuant to section

10137(c) of this title. Any salary or travel expense that would

ordinarily be incurred by such tribe, may not be considered

eligible for funding under this paragraph.

(2)(A) The Secretary shall make grants to each affected Indian

tribe where a candidate site for a repository is approved under

section 10132(c) of this title. Such grants may be made to each

such Indian tribe only for purposes of enabling such Indian tribe -

(i) to review activities taken under this part with respect to

such site for purposes of determining any potential economic,

social, public health and safety, and environmental impacts of

such repository on the reservation and its residents;

(ii) to develop a request for impact assistance under paragraph

(2);

(iii) to engage in any monitoring, testing, or evaluation

activities with respect to site characterization programs with

regard to such site;

(iv) to provide information to the residents of its reservation

regarding any activities of such Indian tribe, the Secretary, or

the Commission with respect to such site; and

(v) to request information from, and make comments and

recommendations to, the Secretary regarding any activities taken

under this part with respect to such site.

(B) The amount of funds provided to any affected Indian tribe

under this paragraph in any fiscal year may not exceed 100 percent

of the costs incurred by such Indian tribe with respect to the

activities described in clauses (i) through (v) of subparagraph

(A). Any salary or travel expense that would ordinarily be incurred

by such Indian tribe may not be considered eligible for funding

under this paragraph.

(3)(A) The Secretary shall provide financial and technical

assistance to any affected Indian tribe requesting such assistance

and where there is a site with respect to which the Commission has

authorized construction of a repository. Such assistance shall be

designed to mitigate the impact on such Indian tribe of the

development of such repository. Such assistance to such Indian

tribe shall commence within 6 months following the granting by the

Commission of a construction authorization for such repository and

following the initiation of construction activities at such site.

(B) Any affected Indian tribe desiring assistance under this

paragraph shall prepare and submit to the Secretary a report on any

economic, social, public health and safety, and environmental

impacts that are likely as a result of the development of a

repository at a site on the reservation of such Indian tribe. Such

report shall be submitted to the Secretary following the completion

of site characterization activities at such site and before the

recommendation of such site to the President by the Secretary for

application for a construction authorization for a repository. As

soon as practicable following the granting of a construction

authorization for such repository, the Secretary shall seek to

enter into a binding agreement with the Indian tribe involved

setting forth the amount of assistance to be provided to such

Indian tribe under this paragraph and the procedures to be followed

in providing such assistance.

(4) The Secretary shall grant to each affected Indian tribe where

a site for a repository is approved under section 10132(c) of this

title an amount each fiscal year equal to the amount such Indian

tribe would receive were it authorized to tax site characterization

activities at such site, and the development and operation of such

repository, as such Indian tribe taxes the other commercial

activities occurring on such reservation. Such grants shall

continue until such time as all such activities, development, and

operation are terminated at such site.

(5) (!1) An affected Indian tribe may not receive any grant under

paragraph (1) after the expiration of the 1-year period following -

(i) the date on which the Secretary notifies such Indian tribe

of the termination of site characterization activities at the

candidate site involved on the reservation of such Indian tribe;

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

10135 of this title;

(iii) the date on which the Commission disapproves an

application for a construction authorization for a repository at

such site; (!2)

(iv) December 22, 1987;

whichever occurs first, unless there is another candidate site on

the reservation of such Indian tribe that is approved under section

10132(c) of this title and with respect to which the actions

described in clauses (i), (ii), and (iii) have not been taken.

(B) An affected Indian tribe may not receive any further

assistance under paragraph (2) with respect to a site if repository

construction activities at such site are terminated by the

Secretary or if such activities are permanently enjoined by any

court.

date of any license to receive and possess for a repository at a

site on the reservation of an affected Indian tribe, no Federal

funds shall be made available under paragraph (1) or (2) to such

Indian tribe, except for -

(i) such funds as may be necessary to support activities of

such Indian tribe related to any other repository where a license

to receive and possess has not been in effect for more than 1

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 during such 2-year period.

(6) Financial assistance authorized in this subsection shall be

made out of amounts held in the Nuclear Waste Fund established in

section 10222 of this title.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 118, Jan. 7, 1983, 96 Stat. 2225;

Pub. L. 100-202, Sec. 101(d) [title III, Sec. 300], Dec. 22, 1987,

101 Stat. 1329-104, 1329-121; Pub. L. 100-203, title V, Sec. 5033,

Dec. 22, 1987, 101 Stat. 1330-243.)

-MISC1-

AMENDMENTS

1987 - Subsec. (b)(5)(iv). Pub. L. 100-202 and Pub. L. 100-203

amended par. (5) identically, adding cl. (iv).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10121, 10135, 10137,

10161, 10166, 10169, 10173a, 10222, 10243 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be designated "(5)(A)".

(!2) So in original. Probably should be followed by "or".

-End-

-CITE-

42 USC Sec. 10139 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part A - Repositories for Disposal of High-Level Radioactive Waste

and Spent Nuclear Fuel

-HEAD-

Sec. 10139. Judicial review of agency actions

-STATUTE-

(a) Jurisdiction of United States courts of appeals

(1) Except for review in the Supreme Court of the United States,

the United States courts of appeals shall have original and

exclusive jurisdiction over any civil action -

(A) for review of any final decision or action of the

Secretary, the President, or the Commission under this part;

(B) alleging the failure of the Secretary, the President, or

the Commission to make any decision, or take any action, required

under this part;

action taken, under any provision of this part;

(D) for review of any environmental impact statement prepared

pursuant to the National Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.) with respect to any action under this part,

or as required under section 10155(c)(1) of this title, or

alleging a failure to prepare such statement with respect to any

such action;

(E) for review of any environmental assessment prepared under

section 10132(b)(1) or 10155(c)(2) of this title; or

(F) for review of any research and development activity under

subchapter II of this chapter.

(2) The venue of any proceeding under this section shall be in

the judicial circuit in which the petitioner involved resides or

has its principal office, or in the United States Court of Appeals

for the District of Columbia.

A civil action for judicial review described under subsection

(a)(1) of this section may be brought not later than the 180th day

after the date of the decision or action or failure to act

involved, as the case may be, except that if a party shows that he

did not know of the decision or action complained of (or of the

failure to act), and that a reasonable person acting under the

circumstances would not have known, such party may bring a civil

action not later than the 180th day after the date such party

acquired actual or constructive knowledge of such decision, action,

or failure to act.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 119, Jan. 7, 1983, 96 Stat. 2227.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

subsec. (a)(1)(D), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852,

as amended, which is classified generally to chapter 55 (Sec. 4321

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 4321 of this

title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10132, 10145, 10155,

10201, 10244 of this title.

-FOOTNOTE-

(!1) So in original. No subsec. (b) has been enacted.

-End-

-CITE-

42 USC Sec. 10140 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part A - Repositories for Disposal of High-Level Radioactive Waste

and Spent Nuclear Fuel

-HEAD-

Sec. 10140. Expedited authorizations

-STATUTE-

(a) Issuance of authorizations

(1) To the extent that the taking of any action related to the

site characterization of a site or the construction or initial

operation of a repository under this part requires a certificate,

right-of-way, permit, lease, or other authorization from a Federal

agency or officer, such agency or officer shall issue or grant any

such authorization at the earliest practicable date, to the extent

permitted by the applicable provisions of law administered by such

agency or officer. All actions of a Federal agency or officer with

respect to consideration of applications or requests for the

issuance or grant of any such authorization shall be expedited, and

any such application or request shall take precedence over any

similar applications or requests not related to such repositories.

(2) The provisions of paragraph (1) shall not apply to any

certificate, right-of-way, permit, lease, or other authorization

issued or granted by, or requested from, the Commission.

(b) Terms of authorizations

Any authorization issued or granted pursuant to subsection (a) of

this section shall include such terms and conditions as may be

required by law, and may include terms and conditions permitted by

law.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 120, Jan. 7, 1983, 96 Stat. 2227.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10145 of this title.

-End-

-CITE-

42 USC Sec. 10141 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part A - Repositories for Disposal of High-Level Radioactive Waste

and Spent Nuclear Fuel

-HEAD-

Sec. 10141. Certain standards and criteria

-STATUTE-

(a) Environmental Protection Agency standards

Not later than 1 year after January 7, 1983, the Administrator,

pursuant to authority under other provisions of law, shall, by

rule, promulgate generally applicable standards for protection of

the general environment from offsite releases from radioactive

material in repositories.

(b) Commission requirements and criteria

(1)(A) Not later than January 1, 1984, the Commission, pursuant

to authority under other provisions of law, shall, by rule,

promulgate technical requirements and criteria that it will apply,

under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) and

the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.), in

approving or disapproving -

(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 criteria shall provide for the use of a system of

multiple barriers in the design of the repository and shall include

such restrictions on the retrievability of the solidified

high-level radioactive waste and spent fuel emplaced in the

repository as the Commission deems appropriate.

any comparable standards promulgated by the Administrator under

subsection (a) of this section.

(2) For purposes of this chapter, nothing in this section shall

be construed to prohibit the Commission from promulgating

requirements and criteria under paragraph (1) before the

Administrator promulgates standards under subsection (a) of this

section. If the Administrator promulgates standards under

subsection (a) of this section after requirements and criteria are

promulgated by the Commission under paragraph (1), such

requirements and criteria shall be revised by the Commission if

necessary to comply with paragraph (1)(C).

The promulgation of standards or criteria in accordance with the

provisions of this section shall not require the preparation of an

environmental impact statement under section 102(2)(C) of the

National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)),

or to require any environmental review under subparagraph (E) or

(F) of section 102(2) of such Act.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 121, Jan. 7, 1983, 96 Stat. 2228.)

-REFTEXT-

REFERENCES IN TEXT

The Atomic Energy Act of 1954, referred to in subsec. (b)(1)(A),

is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch.

1073, Sec. 1, 68 Stat. 921, and amended, which is classified

generally to chapter 23 (Sec. 2011 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 2011 of this title and Tables.

The Energy Reorganization Act of 1974, referred to in subsec.

(b)(1)(A), is Pub. L. 93-438, Oct. 11, 1974, 88 Stat. 1233, as

amended, which is classified principally to chapter 73 (Sec. 5801

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 5801 of this

title and Tables.

-MISC1-

NUCLEAR WASTE STORAGE AND DISPOSAL AT YUCCA MOUNTAIN SITE

Pub. L. 102-486, title VIII, Sec. 801, Oct. 24, 1992, 106 Stat.

2921, provided that:

"(a) Environmental Protection Agency Standards. -

"(1) Promulgation. - Notwithstanding the provisions of section

121(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.

10141(a)), section 161 b. of the Atomic Energy Act of 1954 (42

U.S.C. 2201(b)), and any other authority of the Administrator of

the Environmental Protection Agency to set generally applicable

standards for the Yucca Mountain site, the Administrator shall,

based upon and consistent with the findings and recommendations

of the National Academy of Sciences, promulgate, by rule, public

health and safety standards for protection of the public from

releases from radioactive materials stored or disposed of in the

repository at the Yucca Mountain site. Such standards shall

prescribe the maximum annual effective dose equivalent to

individual members of the public from releases to the accessible

environment from radioactive materials stored or disposed of in

the repository. The standards shall be promulgated not later than

1 year after the Administrator receives the findings and

recommendations of the National Academy of Sciences under

paragraph (2) and shall be the only such standards applicable to

the Yucca Mountain site.

"(2) Study by national academy of sciences. - Within 90 days

after the date of the enactment of this Act [Oct. 24, 1992], the

Administrator shall contract with the National Academy of

Sciences to conduct a study to provide, by not later than

December 31, 1993, findings and recommendations on reasonable

standards for protection of the public health and safety,

including -

"(A) whether a health-based standard based upon doses to

individual members of the public from releases to the

accessible environment (as that term is defined in the

regulations contained in subpart B of part 191 of title 40,

Code of Federal Regulations, as in effect on November 18, 1985)

will provide a reasonable standard for protection of the health

and safety of the general public;

"(B) whether it is reasonable to assume that a system for

post-closure oversight of the repository can be developed,

based upon active institutional controls, that will prevent an

unreasonable risk of breaching the repository's engineered or

geologic barriers or increasing the exposure of individual

members of the public to radiation beyond allowable limits; and

"(C) whether it is possible to make scientifically

supportable predictions of the probability that the

repository's engineered or geologic barriers will be breached

as a result of human intrusion over a period of 10,000 years.

"(3) Applicability. - The provisions of this section shall

apply to the Yucca Mountain site, rather than any other authority

of the Administrator to set generally applicable standards for

radiation protection.

"(b) Nuclear Regulatory Commission Requirements and Criteria. -

"(1) Modifications. - Not later than 1 year after the

Administrator promulgates standards under subsection (a), the

Nuclear Regulatory Commission shall, by rule, modify its

technical requirements and criteria under section 121(b) of the

Nuclear Waste Policy Act of 1982 (42 U.S.C. 10141(b)), as

necessary, to be consistent with the Administrator's standards

promulgated under subsection (a).

"(2) Required assumptions. - The Commission's requirements and

criteria shall assume, to the extent consistent with the findings

and recommendations of the National Academy of Sciences, that,

following repository closure, the inclusion of engineered

barriers and the Secretary's post-closure oversight of the Yucca

Mountain site, in accordance with subsection (c), shall be

sufficient to -

"(A) prevent any activity at the site that poses an

unreasonable risk of breaching the repository's engineered or

geologic barriers; and

"(B) prevent any increase in the exposure of individual

members of the public to radiation beyond allowable limits.

"(c) Post-Closure Oversight. - Following repository closure, the

Secretary of Energy shall continue to oversee the Yucca Mountain

site to prevent any activity at the site that poses an unreasonable

risk of -

"(1) breaching the repository's engineered or geologic

barriers; or

"(2) increasing the exposure of individual members of the

public to radiation beyond allowable limits."

-End-

-CITE-

42 USC Sec. 10142 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part A - Repositories for Disposal of High-Level Radioactive Waste

and Spent Nuclear Fuel

-HEAD-

Sec. 10142. Disposal of spent nuclear fuel

-STATUTE-

Notwithstanding any other provision of this part, any repository

constructed on a site approved under this part shall be designed

and constructed to permit the retrieval of any spent nuclear fuel

placed in such repository, during an appropriate period of

operation of the facility, for any reason pertaining to the public

health and safety, or the environment, or for the purpose of

permitting the recovery of the economically valuable contents of

such spent fuel. The Secretary shall specify the appropriate period

of retrievability with respect to any repository at the time of

design of such repository, and such aspect of such repository shall

be subject to approval or disapproval by the Commission as part of

the construction authorization process under subsections (b)

through (d) of section 10134 of this title.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 122, Jan. 7, 1983, 96 Stat. 2228.)

-End-

-CITE-

42 USC Sec. 10143 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part A - Repositories for Disposal of High-Level Radioactive Waste

and Spent Nuclear Fuel

-HEAD-

Sec. 10143. Title to material

-STATUTE-

Delivery, and acceptance by the Secretary, of any high-level

radioactive waste or spent nuclear fuel for a repository

constructed under this part shall constitute a transfer to the

Secretary of title to such waste or spent fuel.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 123, Jan. 7, 1983, 96 Stat. 2229.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10222 of this title.

-End-

-CITE-

42 USC Sec. 10144 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part A - Repositories for Disposal of High-Level Radioactive Waste

and Spent Nuclear Fuel

-HEAD-

Sec. 10144. Consideration of effect of acquisition of water rights

-STATUTE-

The Secretary shall give full consideration to whether the

development, construction, and operation of a repository may

require any purchase or other acquisition of water rights that will

have a significant adverse effect on the present or future

development of the area in which such repository is located. The

Secretary shall mitigate any such adverse effects to the maximum

extent practicable.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 124, Jan. 7, 1983, 96 Stat. 2229.)

-End-

-CITE-

42 USC Sec. 10145 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part A - Repositories for Disposal of High-Level Radioactive Waste

and Spent Nuclear Fuel

-HEAD-

Sec. 10145. Termination of certain provisions

-STATUTE-

Sections 10139 and 10140 of this title shall cease to have effect

at such time as a repository developed under this part is licensed

to receive and possess high-level radioactive waste and spent

nuclear fuel.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 125, Jan. 7, 1983, 96 Stat. 2229.)

-End-

-CITE-

42 USC Part B - Interim Storage Program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part B - Interim Storage Program

-HEAD-

PART B - INTERIM STORAGE PROGRAM

-End-

-CITE-

42 USC Sec. 10151 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part B - Interim Storage Program

-HEAD-

Sec. 10151. Findings and purposes

-STATUTE-

(a) The Congress finds that -

(1) the persons owning and operating civilian nuclear power

reactors have the primary responsibility for providing interim

storage of spent nuclear fuel from such reactors, by maximizing,

to the extent practical, the effective use of existing storage

facilities at the site of each civilian nuclear power reactor,

and by adding new onsite storage capacity in a timely manner

where practical;

(2) the Federal Government has the responsibility to encourage

and expedite the effective use of existing storage facilities and

the addition of needed new storage capacity at the site of each

civilian nuclear power reactor; and

(3) the Federal Government has the responsibility to provide,

in accordance with the provisions of this part, not more than

1,900 metric tons of capacity for interim storage of spent

nuclear fuel for civilian nuclear power reactors that cannot

reasonably provide adequate storage capacity at the sites of such

reactors when needed to assure the continued, orderly operation

of such reactors.

(b) The purposes of this part are -

(1) to provide for the utilization of available spent nuclear

fuel pools at the site of each civilian nuclear power reactor to

the extent practical and the addition of new spent nuclear fuel

storage capacity where practical at the site of such reactor; and

(2) to provide, in accordance with the provisions of this part,

for the establishment of a federally owned and operated system

for the interim storage of spent nuclear fuel at one or more

facilities owned by the Federal Government with not more than

1,900 metric tons of capacity to prevent disruptions in the

orderly operation of any civilian nuclear power reactor that

cannot reasonably provide adequate spent nuclear fuel storage

capacity at the site of such reactor when needed.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 131, Jan. 7, 1983, 96 Stat. 2229.)

-End-

-CITE-

42 USC Sec. 10152 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part B - Interim Storage Program

-HEAD-

Sec. 10152. Available capacity for interim storage of spent nuclear

fuel

-STATUTE-

The Secretary, the Commission, and other authorized Federal

officials shall each take such actions as such official considers

necessary to encourage and expedite the effective use of available

storage, and necessary additional storage, at the site of each

civilian nuclear power reactor consistent with -

(1) the protection of the public health and safety, and the

environment;

(2) economic considerations;

(3) continued operation of such reactor;

(4) any applicable provisions of law; and

(5) the views of the population surrounding such reactor.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 132, Jan. 7, 1983, 96 Stat. 2230.)

-End-

-CITE-

42 USC Sec. 10153 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part B - Interim Storage Program

-HEAD-

Sec. 10153. Interim at-reactor storage

-STATUTE-

The Commission shall, by rule, establish procedures for the

licensing of any technology approved by the Commission under

section 10198(a) (!1) of this title for use at the site of any

civilian nuclear power reactor. The establishment of such

procedures shall not preclude the licensing, under any applicable

procedures or rules of the Commission in effect prior to such

establishment, of any technology for the storage of civilian spent

nuclear fuel at the site of any civilian nuclear power reactor.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 133, Jan. 7, 1983, 96 Stat. 2230.)

-REFTEXT-

REFERENCES IN TEXT

Section 10198(a) of this title, referred to in text, was in the

original a reference to section 219(a) of Pub. L. 97-425, which is

classified to section 10199(a) of this title, and has been

translated as section 10198(a) of this title as the probable intent

of Congress in view of the subject matter of section 10198(a) which

relates to development of technologies for storage of spent nuclear

fuel, and the subject matter of section 10199(a) which relates to

payments to States and Indian tribes.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 10154 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part B - Interim Storage Program

-HEAD-

Sec. 10154. Licensing of facility expansions and transshipments

-STATUTE-

(a) Oral argument

In any Commission hearing under section 189 of the Atomic Energy

Act of 1954 (42 U.S.C. 2239) on an application for a license, or

for an amendment to an existing license, filed after January 7,

1983, to expand the spent nuclear fuel storage capacity at the site

of a civilian nuclear power reactor, through the use of

high-density fuel storage racks, fuel rod compaction, the

transshipment of spent nuclear fuel to another civilian nuclear

power reactor within the same utility system, the construction of

additional spent nuclear fuel pool capacity or dry storage

capacity, or by other means, the Commission shall, at the request

of any party, provide an opportunity for oral argument with respect

to any matter which the Commission determines to be in controversy

among the parties. The oral argument shall be preceded by such

discovery procedures as the rules of the Commission shall provide.

The Commission shall require each party, including the Commission

staff, to submit in written form, at the time of the oral argument,

a summary of the facts, data, and arguments upon which such party

proposes to rely that are known at such time to such party. Only

facts and data in the form of sworn testimony or written submission

may be relied upon by the parties during oral argument. Of the

materials that may be submitted by the parties during oral

argument, the Commission shall only consider those facts and data

that are submitted in the form of sworn testimony or written

submission.

(b) Adjudicatory hearing

(1) At the conclusion of any oral argument under subsection (a)

of this section, the Commission shall designate any disputed

question of fact, together with any remaining questions of law, for

resolution in an adjudicatory hearing only if it determines that -

(A) there is a genuine and substantial dispute of fact which

can only be resolved with sufficient accuracy by the introduction

of evidence in an adjudicatory hearing; and

(B) the decision of the Commission is likely to depend in whole

or in part on the resolution of such dispute.

(2) In making a determination under this subsection, the

Commission -

(A) shall designate in writing the specific facts that are in

genuine and substantial dispute, the reason why the decision of

the agency is likely to depend on the resolution of such facts,

and the reason why an adjudicatory hearing is likely to resolve

the dispute; and

(B) shall not consider -

(i) any issue relating to the design, construction, or

operation of any civilian nuclear power reactor already

licensed to operate at such site, or any civilian nuclear power

reactor for which a construction permit has been granted at

such site, unless the Commission determines that any such issue

substantially affects the design, construction, or operation of

the facility or activity for which such license application,

authorization, or amendment is being considered; or

(ii) any siting or design issue fully considered and decided

by the Commission in connection with the issuance of a

construction permit or operating license for a civilian nuclear

power reactor at such site, unless (I) such issue results from

any revision of siting or design criteria by the Commission

following such decision; and (II) the Commission determines

that such issue substantially affects the design, construction,

or operation of the facility or activity for which such license

application, authorization, or amendment is being considered.

(3) The provisions of paragraph (2)(B) shall apply only with

respect to licenses, authorizations, or amendments to licenses or

authorizations, applied for under the Atomic Energy Act of 1954 (42

U.S.C. 2011 et seq.) before December 31, 2005.

(4) The provisions of this section shall not apply to the first

application for a license or license amendment received by the

Commission to expand onsite spent fuel storage capacity by the use

of a new technology not previously approved for use at any nuclear

powerplant by the Commission.

No court shall hold unlawful or set aside a decision of the

Commission in any proceeding described in subsection (a) of this

section because of a failure by the Commission to use a particular

procedure pursuant to this section unless -

(1) an objection to the procedure used was presented to the

Commission in a timely fashion or there are extraordinary

circumstances that excuse the failure to present a timely

objection; and

(2) the court finds that such failure has precluded a fair

consideration and informed resolution of a significant issue of

the proceeding taken as a whole.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 134, Jan. 7, 1983, 96 Stat. 2230.)

-REFTEXT-

REFERENCES IN TEXT

The Atomic Energy Act of 1954, referred to in subsec. (b)(3), is

act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073,

Sec. 1, 68 Stat. 921, and amended, which is classified generally to

chapter 23 (Sec. 2011 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 2011 of this title and Tables.

-End-

-CITE-

42 USC Sec. 10155 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part B - Interim Storage Program

-HEAD-

Sec. 10155. Storage of spent nuclear fuel

-STATUTE-

(a) Storage capacity

(1) Subject to section 10107 of this title, the Secretary shall

provide, in accordance with paragraph (5), not more than 1,900

metric tons of capacity for the storage of spent nuclear fuel from

civilian nuclear power reactors. Such storage capacity shall be

provided through any one or more of the following methods, used in

any combination determined by the Secretary to be appropriate:

(A) use of available capacity at one or more facilities owned

by the Federal Government on January 7, 1983, including the

modification and expansion of any such facilities, if the

Commission determines that such use will adequately protect the

public health and safety, except that such use shall not -

(i) render such facilities subject to licensing under the

Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) or the

Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.); or

(ii) except as provided in subsection (c) of this section

require the preparation of an environmental impact statement

under section 102(2)(C) of the National Environmental Policy

Act of 1969 (42 U.S.C. 4332(2)(C)), such facility is already

being used, or has previously been used, for such storage or

for any similar purpose.

(B) acquisition of any modular or mobile spent nuclear fuel

storage equipment, including spent nuclear fuel storage casks,

and provision of such equipment, to any person generating or

holding title to spent nuclear fuel, at the site of any civilian

nuclear power reactor operated by such person or at any site

owned by the Federal Government on January 7, 1983;

nuclear power reactor.

(2) Storage capacity authorized by paragraph (1) shall not be

provided at any Federal or non-Federal site within which there is a

candidate site for a repository. The restriction in the preceding

sentence shall only apply until such time as the Secretary decides

that such candidate site is no longer a candidate site under

consideration for development as a repository.

(3) In selecting methods of providing storage capacity under

paragraph (1), the Secretary shall consider the timeliness of the

availability of each such method and shall seek to minimize the

transportation of spent nuclear fuel, the public health and safety

impacts, and the costs of providing such storage capacity.

(4) In providing storage capacity through any method described in

paragraph (1), the Secretary shall comply with any applicable

requirements for licensing or authorization of such method, except

as provided in paragraph (1)(A)(i).

(5) The Secretary shall ensure that storage capacity is made

available under paragraph (1) when needed, as determined on the

basis of the storage needs specified in contracts entered into

under section 10156(a) of this title, and shall accept upon request

any spent nuclear fuel as covered under such contracts.

(6) For purposes of paragraph (1)(A), the term "facility" means

any building or structure.

(b) Contracts

(1) Subject to the capacity limitation established in subsections

(a)(1) and (d) of this section, the Secretary shall offer to enter

into, and may enter into, contracts under section 10156(a) of this

title with any person generating or owning spent nuclear fuel for

purposes of providing storage capacity for such spent fuel under

this section only if the Commission determines that -

(A) adequate storage capacity to ensure the continued orderly

operation of the civilian nuclear power reactor at which such

spent nuclear fuel is generated cannot reasonably be provided by

the person owning and operating such reactor at such site, or at

the site of any other civilian nuclear power reactor operated by

such person, and such capacity cannot be made available in a

timely manner through any method described in subparagraph (B);

and

(B) such person is diligently pursuing licensed alternatives to

the use of Federal storage capacity for the storage of spent

nuclear fuel expected to be generated by such person in the

future, including -

(i) expansion of storage facilities at the site of any

civilian nuclear power reactor operated by such person;

(ii) construction of new or additional storage facilities at

the site of any civilian nuclear power reactor operated by such

person;

(iii) acquisition of modular or mobile spent nuclear fuel

storage equipment, including spent nuclear fuel storage casks,

for use at the site of any civilian nuclear power reactor

operated by such person; and

(iv) transshipment to another civilian nuclear power reactor

owned by such person.

(2) In making the determination described in paragraph (1)(A),

the Commission shall ensure maintenance of a full core reserve

storage capability at the site of the civilian nuclear power

reactor involved unless the Commission determines that maintenance

of such capability is not necessary for the continued orderly

operation of such reactor.

(3) The Commission shall complete the determinations required in

paragraph (1) with respect to any request for storage capacity not

later than 6 months after receipt of such request by the

Commission.

(1) The provision of 300 or more metric tons of storage capacity

at any one Federal site under subsection (a)(1)(A) of this section

shall be considered to be a major Federal action requiring

preparation of an environmental impact statement under section

102(2)(C) of the National Environmental Policy Act of 1969 (42

U.S.C. 4332(2)(C)).

(2)(A) The Secretary shall prepare, and make available to the

public, an environmental assessment of the probable impacts of any

provision of less than 300 metric tons of storage capacity at any

one Federal site under subsection (a)(1)(A) of this section that

requires the modification or expansion of any facility at the site,

and a discussion of alternative activities that may be undertaken

to avoid such impacts. Such environmental assessment shall include

(i) an estimate of the amount of storage capacity to be made

available at such site;

(ii) an evaluation as to whether the facilities to be used at

such site are suitable for the provision of such storage

capacity;

(iii) a description of activities planned by the Secretary with

respect to the modification or expansion of the facilities to be

used at such site;

(iv) an evaluation of the effects of the provision of such

storage capacity at such site on the public health and safety,

and the environment;

(v) a reasonable comparative evaluation of current information

with respect to such site and facilities and other sites and

facilities available for the provision of such storage capacity;

(vi) a description of any other sites and facilities that have

been considered by the Secretary for the provision of such

storage capacity; and

(vii) an assessment of the regional and local impacts of

providing such storage capacity at such site, including the

impacts on transportation.

(B) The issuance of any environmental assessment under this

paragraph shall be considered to be a final agency action subject

to judicial review in accordance with the provisions of chapter 7

of title 5. Such judicial review shall be limited to the

sufficiency of such assessment with respect to the items described

in clauses (i) through (vii) of subparagraph (A).

(3) Judicial review of any environmental impact statement or

environmental assessment prepared pursuant to this subsection shall

be conducted in accordance with the provisions of section 10139 of

this title.

(d) Review of sites and State participation

(1) In carrying out the provisions of this part with regard to

any interim storage of spent fuel from civilian nuclear power

reactors which the Secretary is authorized by this section to

provide, the Secretary shall, as soon as practicable, notify, in

writing, the Governor and the State legislature of any State and

the Tribal Council of any affected Indian tribe in such State in

which is located a potentially acceptable site or facility for such

interim storage of spent fuel of his intention to investigate that

site or facility.

(2) During the course of investigation of such site or facility,

the Secretary shall keep the Governor, State legislature, and

affected Tribal Council currently informed of the progress of the

work, and results of the investigation. At the time of selection by

the Secretary of any site or existing facility, but prior to

undertaking any site-specific work or alterations, the Secretary

shall promptly notify the Governor, the legislature, and any

affected Tribal Council in writing of such selection, and subject

to the provisions of paragraph (6) of this subsection, shall

promptly enter into negotiations with such State and affected

Tribal Council to establish a cooperative agreement under which

such State and Council shall have the right to participate in a

process of consultation and cooperation, based on public health and

safety and environmental concerns, in all stages of the planning,

development, modification, expansion, operation, and closure of

storage capacity at a site or facility within such State for the

interim storage of spent fuel from civilian nuclear power reactors.

Public participation in the negotiation of such an agreement shall

be provided for and encouraged by the Secretary, the State, and the

affected Tribal Council. The Secretary, in cooperation with the

States and Indian tribes, shall develop and publish minimum

guidelines for public participation in such negotiations, but the

adequacy of such guidelines or any failure to comply with such

guidelines shall not be a basis for judicial review.

(3) The cooperative agreement shall include, but need not be

limited to, the sharing in accordance with applicable law of all

technical and licensing information, the utilization of available

expertise, the facilitating of permitting procedures, joint project

review, and the formulation of joint surveillance and monitoring

arrangements to carry out applicable Federal and State laws. The

cooperative agreement also shall include a detailed plan or

schedule of milestones, decision points and opportunities for State

or eligible Tribal Council review and objection. Such cooperative

agreement shall provide procedures for negotiating and resolving

objections of the State and affected Tribal Council in any stage of

planning, development, modification, expansion, operation, or

closure of storage capacity at a site or facility within such

State. The terms of any cooperative agreement shall not affect the

authority of the Nuclear Regulatory Commission under existing law.

(4) For the purpose of this subsection, "process of consultation

and cooperation" means a methodology by which the Secretary (A)

keeps the State and eligible Tribal Council fully and currently

informed about the aspects of the project related to any potential

impact on the public health and safety and environment; (B)

solicits, receives, and evaluates concerns and objections of such

State and Council with regard to such aspects of the project on an

ongoing basis; and (C) works diligently and cooperatively to

resolve, through arbitration or other appropriate mechanisms, such

concerns and objections. The process of consultation and

cooperation shall not include the grant of a right to any State or

Tribal Council to exercise an absolute veto of any aspect of the

planning, development, modification, expansion, or operation of the

project.

(5) The Secretary and the State and affected Tribal Council shall

seek to conclude the agreement required by paragraph (2) as soon as

practicable, but not later than 180 days following the date of

notification of the selection under paragraph (2). The Secretary

shall periodically report to the Congress thereafter on the status

of the agreements approved under paragraph (3). Any report to the

Congress on the status of negotiations of such agreement by the

Secretary shall be accompanied by comments solicited by the

Secretary from the State and eligible Tribal Council.

(6)(A) Upon deciding to provide an aggregate of 300 or more

metric tons of storage capacity under subsection (a)(1) of this

section at any one site, the Secretary shall notify the Governor

and legislature of the State where such site is located, or the

governing body of the Indian tribe in whose reservation such site

is located, as the case may be, of such decision. During the 60-day

period following receipt of notification by the Secretary of his

decision to provide an aggregate of 300 or more metric tons of

storage capacity at any one site, the Governor or legislature of

the State in which such site is located, or the governing body of

the affected Indian tribe where such site is located, as the case

may be, may disapprove the provision of 300 or more metric tons of

storage capacity at the site involved and submit to the Congress a

notice of such disapproval. A notice of disapproval shall be

considered to be submitted to the Congress on the date of the

transmittal of such notice of disapproval to the Speaker of the

House and the President pro tempore of the Senate. Such notice of

disapproval shall be accompanied by a statement of reasons

explaining why the provision of such storage capacity at such site

was disapproved by such Governor or legislature or the governing

body of such Indian tribe.

(B) Unless otherwise provided by State law, the Governor or

legislature of each State shall have authority to submit a notice

of disapproval to the Congress under subparagraph (A). In any case

in which State law provides for submission of any such notice of

disapproval by any other person or entity, any reference in this

part to the Governor or legislature of such State shall be

considered to refer instead to such other person or entity.

under this paragraph shall not be applicable with respect to any

site located on a reservation.

(D) If any notice of disapproval is submitted to the Congress

under subparagraph (A), the proposed provision of 300 or more

metric tons of storage capacity at the site involved shall be

disapproved unless, during the first period of 90 calendar days of

continuous session of the Congress following the date of the

receipt by the Congress of such notice of disapproval, the Congress

passes a resolution approving such proposed provision of storage

capacity in accordance with the procedures established in this

paragraph and subsections (d) through (f) of section 10135 of this

title and such resolution thereafter becomes law. For purposes of

this paragraph, the term "resolution" means a joint resolution of

either House of the Congress, the matter after the resolving clause

of which is as follows: "That there hereby is approved the

provision of 300 or more metric tons of spent nuclear fuel storage

capacity at the site located at _______, with respect to which a

notice of disapproval was submitted by _______ on _______.". The

first blank space in such resolution shall be filled with the

geographic location of the site involved; the second blank space in

such resolution shall be filled with the designation of the State

Governor and legislature or affected Indian tribe governing body

submitting the notice of disapproval involved; and the last blank

space in such resolution shall be filled with the date of

submission of such notice of disapproval.

(E) For purposes of the consideration of any resolution described

in subparagraph (D), each reference in subsections (d) and (e) of

section 10135 of this title to a resolution of repository siting

approval shall be considered to refer to the resolution described

in such subparagraph.

(7) As used in this section, the term "affected Tribal Council"

means the governing body of any Indian tribe within whose

reservation boundaries there is located a potentially acceptable

site for interim storage capacity of spent nuclear fuel from

civilian nuclear power reactors, or within whose boundaries a site

for such capacity is selected by the Secretary, or whose federally

defined possessory or usage rights to other lands outside of the

reservation's boundaries arising out of congressionally ratified

treaties, as determined by the Secretary of the Interior pursuant

to a petition filed with him by the appropriate governmental

officials of such tribe, may be substantially and adversely

affected by the establishment of any such storage capacity.

(e) Limitations

Any spent nuclear fuel stored under this section shall be removed

from the storage site or facility involved as soon as practicable,

but in any event not later than 3 years following the date on which

a repository or monitored retrievable storage facility developed

under this chapter is available for disposal of such spent nuclear

fuel.

(f) Report

The Secretary shall annually prepare and submit to the Congress a

report on any plans of the Secretary for providing storage capacity

under this section. Such report shall include a description of the

specific manner of providing such storage selected by the

Secretary, if any. The Secretary shall prepare and submit the first

such report not later than 1 year after January 7, 1983.

(g) Criteria for determining adequacy of available storage capacity

Not later than 90 days after January 7, 1983, the Commission

pursuant to section 553 of the Administrative Procedures Act [5

U.S.C. 553], shall propose, by rule, procedures and criteria for

making the determination required by subsection (b) of this section

that a person owning and operating a civilian nuclear power reactor

cannot reasonably provide adequate spent nuclear fuel storage

capacity at the civilian nuclear power reactor site when needed to

ensure the continued orderly operation of such reactor. Such

criteria shall ensure the maintenance of a full core reserve

storage capability at the site of such reactor unless the

Commission determines that maintenance of such capability is not

necessary for the continued orderly operation of such reactor. Such

criteria shall identify the feasibility of reasonably providing

such adequate spent nuclear fuel storage capacity, taking into

account economic, technical, regulatory, and public health and

safety factors, through the use of high-density fuel storage racks,

fuel rod compaction, transshipment of spent nuclear fuel to another

civilian nuclear power reactor within the same utility system,

construction of additional spent nuclear fuel pool capacity, or

such other technologies as may be approved by the Commission.

(h) Application

Notwithstanding any other provision of law, nothing in this

chapter shall be construed to encourage, authorize, or require the

private or Federal use, purchase, lease, or other acquisition of

any storage facility located away from the site of any civilian

nuclear power reactor and not owned by the Federal Government on

January 7, 1983.

(i) Coordination with research and development program

To the extent available, and consistent with the provisions of

this section, the Secretary shall provide spent nuclear fuel for

the research and development program authorized in section 10198

(!1) of this title from spent nuclear fuel received by the

Secretary for storage under this section. Such spent nuclear fuel

shall not be subject to the provisions of subsection (e) of this

section.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 135, Jan. 7, 1983, 96 Stat. 2232.)

-REFTEXT-

REFERENCES IN TEXT

The Atomic Energy Act of 1954, referred to in subsec.

(a)(1)(A)(i), is act Aug. 1, 1946, ch. 724, as added by act Aug.

30, 1954, ch. 1073, Sec. 1, 68 Stat. 921, and amended, which is

classified generally to chapter 23 (Sec. 2011 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2011 of this title and

Tables.

The Energy Reorganization Act of 1974, referred to in subsec.

(a)(1)(A)(i), is Pub. L. 93-438, Oct. 11, 1974, 88 Stat. 1233, as

amended, which is classified principally to chapter 73 (Sec. 5801

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 5801 of this

title and Tables.

Section 10198 of this title, referred to in subsec. (i), was in

the original a reference to section 217 of Pub. L. 97-425, which is

classified to section 10197 of this title, and has been translated

as section 10198 of this title as the probable intent of Congress

in view of section 10198(c)(2) which directs the Secretary to

provide spent nuclear fuel for the research and development program

authorized by section 10198(c) of this title from spent nuclear

fuel received by the Secretary for storage under section 10155 of

this title.

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which reports required under subsecs. (d)(5) and (f) of this

section are listed as the 12th and 13th items on page 83), see

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10139, 10156, 10198 of

this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 10156 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part B - Interim Storage Program

-HEAD-

Sec. 10156. Interim Storage Fund

-STATUTE-

(a) Contracts

(1) During the period following January 7, 1983, but not later

than January 1, 1990, the Secretary is authorized to enter into

contracts with persons who generate or own spent nuclear fuel

resulting from civilian nuclear activities for the storage of such

spent nuclear fuel in any storage capacity provided under this

part: Provided, however, That the Secretary shall not enter into

contracts for spent nuclear fuel in amounts in excess of the

available storage capacity specified in section 10155(a) of this

title. Those contracts shall provide that the Federal Government

will (1) take title at the civilian nuclear power reactor site, to

such amounts of spent nuclear fuel from the civilian nuclear power

reactor as the Commission determines cannot be stored onsite, (2)

transport the spent nuclear fuel to a federally owned and operated

interim away-from-reactor storage facility, and (3) store such fuel

in the facility pending further processing, storage, or disposal.

Each such contract shall (A) provide for payment to the Secretary

of fees determined in accordance with the provisions of this

section; and (B) specify the amount of storage capacity to be

provided for the person involved.

(2) The Secretary shall undertake a study and, not later than 180

days after January 7, 1983, submit to the Congress a report,

establishing payment charges that shall be calculated on an annual

basis, commencing on or before January 1, 1984. Such payment

charges and the calculation thereof shall be published in the

Federal Register, and shall become effective not less than 30 days

after publication. Each payment charge published in the Federal

of 12 months from the effective date as the charge for the cost of

the interim storage of any spent nuclear fuel. The report of the

Secretary shall specify the method and manner of collection

(including the rates and manner of payment) and any legislative

recommendations determined by the Secretary to be appropriate.

(3) Fees for storage under this part shall be established on a

nondiscriminatory basis. The fees to be paid by each person

entering into a contract with the Secretary under this subsection

shall be based upon an estimate of the pro rata costs of storage

and related activities under this part with respect to such person,

including the acquisition, construction, operation, and maintenance

of any facilities under this part.

(4) The Secretary shall establish in writing criteria setting

forth the terms and conditions under which such storage services

shall be made available.

(5) Except as provided in section 10157 of this title, nothing in

this chapter or any other Act requires the Secretary, in carrying

out the responsibilities of this section, to obtain a license or

permit to possess or own spent nuclear fuel.

(b) Limitation

No spent nuclear fuel generated or owned by any department of the

United States referred to in section 101 or 102 of title 5 may be

stored by the Secretary in any storage capacity provided under this

part unless such department transfers to the Secretary, for deposit

in the Interim Storage Fund, amounts equivalent to the fees that

would be paid to the Secretary under the contracts referred to in

this section if such spent nuclear fuel were generated by any other

person.

There hereby is established in the Treasury of the United States

a separate fund, to be known as the Interim Storage Fund. The

Storage Fund shall consist of -

(1) all receipts, proceeds, and recoveries realized by the

Secretary under subsections (a), (b), and (e) of this section,

which shall be deposited in the Storage Fund immediately upon

their realization;

(2) any appropriations made by the Congress to the Storage

Fund; and

(3) any unexpended balances available on January 7, 1983, 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) Use of Storage Fund

The Secretary may make expenditures from the Storage Fund,

subject to subsection (e) of this section, 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 part, including -

(1) the identification, development, licensing, construction,

operation, decommissioning, and post-decommissioning maintenance

and monitoring of any interim storage facility provided under

this part;

(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 10155 of this title;

(4) the cost of transportation of spent nuclear fuel; and

(5) impact assistance as described in subsection (e) of this

section.

(e) Impact assistance

(1) Beginning the first fiscal year which commences after January

7, 1983, 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 jurisdicational (!1) boundaries of such

government or governments and authorized under this part: 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

subchapter, 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 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) of this section.

(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 part 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" means a county, parish, township, municipality, and

shall include a borough existing in the State of Alaska on January

7, 1983, and any other unit of government below the State level

which is a unit of general government as determined by the

Secretary.

(f) Administration of Storage Fund

(1) The Secretary of the Treasury shall hold the Storage Fund

and, after consultation with the Secretary, annually report to the

Congress on the financial condition and operations of the Storage

Fund during the preceding fiscal year.

(2) The Secretary shall submit the budget of the Storage Fund to

the Office of Management and Budget triennially along with the

budget of the Department of Energy submitted at such time in

accordance with chapter 11 of title 31. The budget of the Storage

Fund shall consist of estimates made by the Secretary of

expenditures from the Storage Fund and other relevant financial

matters for the succeeding 3 fiscal years, and shall be included in

the Budget of the United States Government. The Secretary may make

expenditures from the Storage Fund, subject to appropriations which

shall remain available until expended. Appropriations shall be

subject to triennial authorization.

(3) If the Secretary determines that the Storage Fund contains at

any time amounts in excess of current needs, the Secretary may

request the Secretary of the Treasury to invest such amounts, or

any portion of such amounts as the Secretary determines to be

appropriate, in obligations of the United States -

(A) having maturities determined by the Secretary of the

Treasury to be appropriate to the needs of the Storage Fund; and

(B) bearing interest at rates determined to be appropriate by

the Secretary of the Treasury, taking into consideration the

current average market yield on outstanding marketable

obligations of the United States with remaining periods to

maturity comparable to the maturities of such investments, except

that the interest rate on such investments shall not exceed the

average interest rate applicable to existing borrowings.

(4) Receipts, proceeds, and recoveries realized by the Secretary

under this section, and expenditures of amounts from the Storage

Fund, shall be exempt from annual apportionment under the

provisions of subchapter II of chapter 15 of title 31.

(5) If at any time the moneys available in the Storage Fund are

insufficient to enable the Secretary to discharge his

responsibilities under this part, the Secretary shall issue to the

Secretary of the Treasury obligations in such forms and

denominations, bearing such maturities, and subject to such terms

and conditions as may be agreed to by the Secretary and the

Secretary of the Treasury. The total of such obligations shall not

exceed amounts provided in appropriation Acts. Redemption of such

obligations shall be made by the Secretary from moneys available in

the Storage Fund. Such obligations shall bear interest at a rate

determined by the Secretary of the Treasury, which shall be not

less than a rate determined by taking into consideration the

average market yield on outstanding marketable obligations of the

United States of comparable maturities during the month preceding

the issuance of the obligations under this paragraph. The Secretary

of the Treasury shall purchase any issued obligations, and for such

purpose the Secretary of the Treasury is authorized to use as a

public debt transaction the proceeds from the sale of any

securities issued under chapter 31 of title 31, and the purposes

for which securities may be issued under such Act (!2) are extended

to include any purchase of such obligations. The Secretary of the

Treasury may at any time sell any of the obligations acquired by

him under this paragraph. All redemptions, purchases, and sales by

the Secretary of the Treasury of obligations under this paragraph

shall be treated as public debt transactions of the United States.

(6) Any appropriations made available to the Storage Fund for any

purpose described in subsection (d) of this section shall be repaid

into the general fund of the Treasury, together with interest from

the date of availability of the appropriations until the date of

repayment. Such interest shall be paid on the cumulative amount of

appropriations available to the Storage Fund, less the average

undisbursed cash balance in the Storage Fund account during the

fiscal year involved. The rate of such interest shall be determined

by the Secretary of the Treasury taking into consideration the

average market yield during the month preceding each fiscal year on

outstanding marketable obligations of the United States of

comparable maturity. Interest payments may be deferred with the

approval of the Secretary of the Treasury, but any interest

payments so deferred shall themselves bear interest.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 136, Jan. 7, 1983, 96 Stat. 2237.)

-REFTEXT-

REFERENCES IN TEXT

Such Act, referred to in subsec. (f)(5), probably means chapter

31 of Title 31, Money and Finance.

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(f)(1) of this section relating to annual report to Congress, see

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance, and the 1st item on

page 140 of House Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10101, 10155, 10157,

10198 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "jurisdictional".

(!2) See References in Text note below.

-End-

-CITE-

42 USC Sec. 10157 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part B - Interim Storage Program

-HEAD-

Sec. 10157. Transportation

-STATUTE-

(a)(1) (!1) Transportation of spent nuclear fuel under section

10156(a) of this title shall be subject to licensing and regulation

by the Commission and by the Secretary of Transportation as

provided for transportation of commercial spent nuclear fuel under

existing law.

(2) The Secretary, in providing for the transportation of spent

nuclear fuel under this chapter, shall utilize by contract private

industry to the fullest extent possible in each aspect of such

transportation. The Secretary shall use direct Federal services for

such transportation only upon a determination of the Secretary of

Transportation, in consultation with the Secretary, that private

industry is unable or unwilling to provide such transportation

services at reasonable cost.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 137, Jan. 7, 1983, 96 Stat. 2241.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10156 of this title.

-FOOTNOTE-

(!1) So in original. No subsec. (b) has been enacted.

-End-

-CITE-

42 USC Part C - Monitored Retrievable Storage 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part C - Monitored Retrievable Storage

-HEAD-

PART C - MONITORED RETRIEVABLE STORAGE

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 10134, 10175 of this title.

-End-

-CITE-

42 USC Sec. 10161 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part C - Monitored Retrievable Storage

-HEAD-

Sec. 10161. Monitored retrievable storage

-STATUTE-

(a) Findings

The Congress finds that -

(1) long-term storage of high-level radioactive waste or spent

nuclear fuel in monitored retrievable storage facilities is an

option for providing safe and reliable management of such waste

or spent fuel;

(2) the executive branch and the Congress should proceed as

expeditiously as possible to consider fully a proposal for

construction of one or more monitored retrievable storage

facilities to provide such long-term storage;

(3) the Federal Government has the responsibility to ensure

that site-specific designs for such facilities are available as

provided in this section;

(4) the generators and owners of the high-level radioactive

waste and spent nuclear fuel to be stored in such facilities have

the responsibility to pay the costs of the long-term storage of

such waste and spent fuel; and

(5) disposal of high-level radioactive waste and spent nuclear

fuel in a repository developed under this chapter should proceed

regardless of any construction of a monitored retrievable storage

facility pursuant to this section.

(b) Submission of proposal by Secretary

(1) On or before June 1, 1985, the Secretary shall complete a

detailed study of the need for and feasibility of, and shall submit

to the Congress a proposal for, the construction of one or more

monitored retrievable storage facilities for high-level radioactive

waste and spent nuclear fuel. Each such facility shall be designed

(A) to accommodate spent nuclear fuel and high-level

radioactive waste resulting from civilian nuclear activities;

(B) to permit continuous monitoring, management, and

maintenance of such spent fuel and waste for the foreseeable

future;

waste for further processing or disposal; and

(D) to safely store such spent fuel and waste as long as may be

necessary by maintaining such facility through appropriate means,

including any required replacement of such facility.

(2) Such proposal shall include -

(A) the establishment of a Federal program for the siting,

development, construction, and operation of facilities capable of

safely storing high-level radioactive waste and spent nuclear

fuel, which facilities are to be licensed by the Commission;

(B) a plan for the funding of the construction and operation of

such facilities, which plan shall provide that the costs of such

activities shall be borne by the generators and owners of the

high-level radioactive waste and spent nuclear fuel to be stored

in such facilities;

sufficient to (i) solicit bids for the construction of the first

such facility; (ii) support congressional authorization of the

construction of such facility; and (iii) enable completion and

operation of such facility as soon as practicable following

congressional authorization of such facility; and

(D) a plan for integrating facilities constructed pursuant to

this section with other storage and disposal facilities

authorized in this chapter.

(3) In formulating such proposal, the Secretary shall consult

with the Commission and the Administrator, and shall submit their

comments on such proposal to the Congress at the time such proposal

is submitted.

(4) The proposal shall include, for the first such facility, at

least 3 alternative sites and at least 5 alternative combinations

of such proposed sites and facility designs consistent with the

criteria of paragraph (1). The Secretary shall recommend the

combination among the alternatives that the Secretary deems

preferable. The environmental assessment under subsection (c) of

this section shall include a full analysis of the relative

advantages and disadvantages of all 5 such alternative combinations

of proposed sites and proposed facility designs.

(1) Preparation and submission to the Congress of the proposal

required in this section shall not require the preparation of an

environmental impact statement under section 102(2)(C) of the

National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).

The Secretary shall prepare, in accordance with regulations issued

by the Secretary implementing such Act [42 U.S.C. 4321 et seq.], an

environmental assessment with respect to such proposal. Such

environmental assessment shall be based upon available information

regarding alternative technologies for the storage of spent nuclear

fuel and high-level radioactive waste. The Secretary shall submit

such environmental assessment to the Congress at the time such

proposal is submitted.

(2) If the Congress by law, after review of the proposal

submitted by the Secretary under subsection (b) of this section,

specifically authorizes construction of a monitored retrievable

storage facility, the requirements of the National Environmental

Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply with

respect to construction of such facility, except that any

environmental impact statement prepared with respect to such

facility shall not be required to consider the need for such

facility or any alternative to the design criteria for such

facility set forth in subsection (b)(1) of this section.

(d) Licensing

Any facility authorized pursuant to this section shall be subject

to licensing under section 5842(3) of this title. In reviewing the

application filed by the Secretary for licensing of the first such

facility, the Commission may not consider the need for such

facility or any alternative to the design criteria for such

facility set forth in subsection (b)(1) of this section.

(e) Clarification

Nothing in this section limits the consideration of alternative

facility designs consistent with the criteria of subsection (b)(1)

of this section in any environmental impact statement, or in any

licensing procedure of the Commission, with respect to any

monitored, retrievable facility authorized pursuant to this

section.

(f) Impact assistance

(1) Upon receipt by the Secretary of congressional authorization

to construct a facility described in subsection (b) of this

section, the Secretary shall commence making annual impact aid

payments to appropriate units of general local government in order

to mitigate any social or economic impacts resulting from the

construction and subsequent operation of any such facility within

the jurisdictional boundaries of any such unit.

(2) Payments made available to units of general local government

under this subsection shall be -

(A) allocated in a fair and equitable manner, with priority

given to units of general local government determined by the

Secretary to be most severely affected; and

(B) utilized by units of general local government only for

planning, construction, maintenance, and provision of public

services related to the siting of such facility.

(3) Such payments shall be subject to such terms and conditions

as the Secretary determines are necessary to ensure achievement of

the purposes of this subsection. The Secretary shall issue such

regulations as may be necessary to carry out the provisions of this

subsection.

(4) Such payments shall be made available entirely from funds

held in the Nuclear Waste Fund established in section 10222(c) of

this title and shall be available only to the extent provided in

advance in appropriation Acts.

(5) The Secretary may consult with appropriate units of general

local government in advance of commencement of construction of any

such facility in an effort to determine the level of payments each

such unit is eligible to receive under this subsection.

(g) Limitation

No monitored retrievable storage facility developed pursuant to

this section may be constructed in any State in which there is

located any site approved for site characterization under section

10132 of this title. The restriction in the preceding sentence

shall only apply until such time as the Secretary decides that such

candidate site is no longer a candidate site under consideration

for development as a repository. Such restriction shall continue to

apply to any site selected for construction as a repository.

(h) Participation of States and Indian tribes

Any facility authorized pursuant to this section shall be subject

to the provisions of sections 10135, 10136(a), 10136(b), 10136(d),

10137, and 10138 of this title. For purposes of carrying out the

provisions of this subsection, any reference in sections 10135

through 10138 of this title to a repository shall be considered to

refer to a monitored retrievable storage facility.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 141, Jan. 7, 1983, 96 Stat. 2241.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

subsec. (c), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 et

seq.) of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 4321 of this title

and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10101, 10168, 10200 of

this title.

-End-

-CITE-

42 USC Sec. 10162 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part C - Monitored Retrievable Storage

-HEAD-

Sec. 10162. Authorization of monitored retrievable storage

-STATUTE-

(a) Nullification of Oak Ridge siting proposal

The proposal of the Secretary (EC-1022, 100th Congress) to locate

a monitored retrievable storage facility at a site on the Clinch

River in the Roane County portion of Oak Ridge, Tennessee, with

alternative sites on the Oak Ridge Reservation of the Department of

Energy and on the former site of a proposed nuclear powerplant in

Hartsville, Tennessee, is annulled and revoked. In carrying out the

provisions of sections 10164 and 10165 of this title, the Secretary

shall make no presumption or preference to such sites by reason of

their previous selection.

(b) Authorization

The Secretary is authorized to site, construct, and operate one

monitored retrievable storage facility subject to the conditions

described in sections 10163 through 10169 of this title.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 142, as added Pub. L. 100-202, Sec.

101(d) [title III, Sec. 300], Dec. 22, 1987, 101 Stat. 1329-104,

1329-121; Pub. L. 100-203, title V, Sec. 5021, Dec. 22, 1987, 101

Stat. 1330-232.)

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10165, 10168 of this

title.

-End-

-CITE-

42 USC Sec. 10163 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part C - Monitored Retrievable Storage

-HEAD-

Sec. 10163. Monitored Retrievable Storage Commission

-STATUTE-

(a) (!1) Establishment

(1)(A) There is established a Monitored Retrievable Storage

Review Commission (hereinafter in this section referred to as the

"MRS Commission"), that shall consist of 3 members who shall be

appointed by and serve at the pleasure of the President pro tempore

of the Senate and the Speaker of the House of Representatives.

(B) Members of the MRS Commission shall be appointed not later

than 30 days after December 22, 1987, from among persons who as a

result of training, experience and attainments are exceptionally

well qualified to evaluate the need for a monitored retrievable

storage facility as a part of the Nation's nuclear waste management

system.

monitored retrievable storage facility as a part of a national

nuclear waste management system that achieves the purposes of this

chapter. In preparing the report under this subparagraph, the MRS

Commission shall -

(i) review the status and adequacy of the Secretary's

evaluation of the systems advantages and disadvantages of

bringing such a facility into the national nuclear waste disposal

system;

(ii) obtain comment and available data on monitored retrievable

storage from affected parties, including States containing

potentially acceptable sites;

(iii) evaluate the utility of a monitored retrievable storage

facility from a technical perspective; and

(iv) make a recommendation to Congress as to whether such a

facility should be included in the national nuclear waste

management system in order to achieve the purposes of this

chapter, including meeting needs for packaging and handling of

spent nuclear fuel, improving the flexibility of the repository

development schedule, and providing temporary storage of spent

nuclear fuel accepted for disposal.

(2) In preparing the report and making its recommendation under

paragraph (1) the MRS Commission shall compare such a facility to

the alternative of at-reactor storage of spent nuclear fuel prior

to disposal of such fuel in a repository under this chapter. Such

comparison shall take into consideration the impact on -

(A) repository design and construction;

(B) waste package design, fabrication and standardization;

(D) waste transportation systems;

(E) the reliability of the national system for the disposal of

radioactive waste;

(F) the ability of the Secretary to fulfill contractual

commitments of the Department under this chapter to accept spent

nuclear fuel for disposal; and

(G) economic factors, including the impact on the costs likely

to be imposed on ratepayers of the Nation's electric utilities

for temporary at-reactor storage of spent nuclear fuel prior to

final disposal in a repository, as well as the costs likely to be

imposed on ratepayers of the Nation's electric utilities in

building and operating such a facility.

(3) The report under this subsection, together with the

recommendation of the MRS Commission, shall be transmitted to

Congress on November 1, 1989.

(4)(A)(i) Each member of the MRS Commission shall be paid at the

rate provided for level III of the Executive Schedule for each day

(including travel time) such member is engaged in the work of the

MRS Commission, and shall receive travel expenses, including per

diem in lieu of subsistence in the same manner as is permitted

under sections 5702 and 5703 of title 5.

(ii) The MRS Commission may appoint and fix compensation, not to

exceed the rate of basic pay payable for GS-18 of the General

Schedule, for such staff as may be necessary to carry out its

functions.

(B)(i) The MRS Commission may hold hearings, sit and act at such

times and places, take such testimony and receive such evidence as

the MRS Commission considers appropriate. Any member of the MRS

Commission may administer oaths or affirmations to witnesses

appearing before the MRS Commission.

(ii) The MRS Commission may request any Executive agency,

including the Department, to furnish such assistance or

information, including records, data, files, or documents, as the

Commission considers necessary to carry out its functions. Unless

prohibited by law, such agency shall promptly furnish such

assistance or information.

(iii) To the extent permitted by law, the Administrator of the

General Services Administration shall, upon request of the MRS

Commission, provide the MRS Commission with necessary

administrative services, facilities, and support on a reimbursable

basis.

(iv) The MRS Commission may procure temporary and intermittent

services from experts and consultants to the same extent as is

authorized by section 3109(b) of title 5 at rates and under such

rules as the MRS Commission considers reasonable.

submission to Congress of the report required under this

subsection.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 143, as added Pub. L. 100-202, Sec.

101(d) [title III, Sec. 300], Dec. 22, 1987, 101 Stat. 1329-104,

1329-121; Pub. L. 100-203, title V, Sec. 5021, Dec. 22, 1987, 101

Stat. 1330-232; amended Pub. L. 100-507, Sec. 2, Oct. 18, 1988, 102

Stat. 2541.)

-REFTEXT-

REFERENCES IN TEXT

Level III of the Executive Schedule, referred to in subsec.

(a)(4)(A)(i), is set out in section 5314 of Title 5, Government

Organization and Employees.

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-MISC1-

AMENDMENTS

1988 - Subsec. (a)(3). Pub. L. 100-507 amended par. (3)

generally. Prior to amendment, par. (3) read as follows: "The

report under this subsection, together with the recommendation of

the MRS Commission, shall be transmitted to Congress on June 1,

1989."

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10162, 10164 of this

title.

-FOOTNOTE-

(!1) So in original. No subsec. (b) has been enacted.

-End-

-CITE-

42 USC Sec. 10164 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part C - Monitored Retrievable Storage

-HEAD-

Sec. 10164. Survey

-STATUTE-

After the MRS Commission submits its report to the Congress under

section 10163 of this title, the Secretary may conduct a survey and

evaluation of potentially suitable sites for a monitored

retrievable storage facility. In conducting such survey and

evaluation, the Secretary shall consider the extent to which siting

a monitored retrievable storage facility at each site surveyed

would -

(1) enhance the reliability and flexibility of the system for

the disposal of spent nuclear fuel and high-level radioactive

waste established under this chapter;

(2) minimize the impacts of transportation and handling of such

fuel and waste;

(3) provide for public confidence in the ability of such system

to safely dispose of the fuel and waste;

(4) impose minimal adverse effects on the local community and

the local environment;

(5) provide a high probability that the facility will meet

applicable environmental, health, and safety requirements in a

timely fashion;

(6) provide such other benefits to the system for the disposal

of spent nuclear fuel and high-level radioactive waste as the

Secretary deems appropriate; and

(7) unduly burden a State in which significant volumes of

high-level radioactive waste resulting from atomic energy defense

activities are stored.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 144, as added Pub. L. 100-202, Sec.

101(d) [title III, Sec. 300], Dec. 22, 1987, 101 Stat. 1329-104,

1329-121; Pub. L. 100-203, title V, Sec. 5021, Dec. 22, 1987, 101

Stat. 1330-234.)

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10162, 10165 of this

title.

-End-

-CITE-

42 USC Sec. 10165 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part C - Monitored Retrievable Storage

-HEAD-

Sec. 10165. Site selection

-STATUTE-

(a) In general

The Secretary may select the site evaluated under section 10164

of this title that the Secretary determines on the basis of

available information to be the most suitable for a monitored

retrievable storage facility that is an integral part of the system

for the disposal of spent nuclear fuel and high-level radioactive

waste established under this chapter.

(b) Limitation

The Secretary may not select a site under subsection (a) of this

section until the Secretary recommends to the President the

approval of a site for development as a repository under section

10134(a) of this title.

The Secretary may conduct such site specific activities at each

site surveyed under section 10164 of this title as he determines

may be necessary to support an application to the Commission for a

license to construct a monitored retrievable storage facility at

such site.

(d) Environmental assessment

Site specific activities and selection of a site under this

section shall not require the preparation of an environmental

impact statement under section 102(2)(C) of the National

Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). The

Secretary shall prepare an environmental assessment with respect to

such selection in accordance with regulations issued by the

Secretary implementing such Act [42 U.S.C. 4321 et seq.]. Such

environmental assessment shall be based upon available information

regarding alternative technologies for the storage of spent nuclear

fuel and high-level radioactive waste. The Secretary shall submit

such environmental assessment to the Congress at the time such site

is selected.

(e) Notification before selection

(1) At least 6 months before selecting a site under subsection

(a) of this section, the Secretary shall notify the Governor and

legislature of the State in which such site is located, or the

governing body of the affected Indian tribe where such site is

located, as the case may be, of such potential selection and the

basis for such selection.

(2) Before selecting any site under subsection (a) of this

section, the Secretary shall hold at least one public hearing in

the vicinity of such site to solicit any recommendations of

interested parties with respect to issues raised by the selection

of such site.

(f) Notification of selection

The Secretary shall promptly notify Congress and the appropriate

State or Indian tribe of the selection under subsection (a) of this

section.

(g) Limitation

No monitored retrievable storage facility authorized pursuant to

section 10162(b) of this title may be constructed in the State of

Nevada.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 145, as added Pub. L. 100-202, Sec.

101(d) [title III, Sec. 300], Dec. 22, 1987, 101 Stat. 1329-104,

1329-121; Pub. L. 100-203, title V, Sec. 5021, Dec. 22, 1987, 101

Stat. 1330-234.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

subsec. (d), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 et

seq.) of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 4321 of this title

and Tables.

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10162, 10166, 10167 of

this title.

-End-

-CITE-

42 USC Sec. 10166 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part C - Monitored Retrievable Storage

-HEAD-

Sec. 10166. Notice of disapproval

-STATUTE-

(a) In general

The selection of a site under section 10165 of this title shall

be effective at the end of the period of 60 calendar days beginning

on the date of notification under such subsection, unless the

governing body of the Indian tribe on whose reservation such site

is located, or, if the site is not on a reservation, the Governor

and the legislature of the State in which the site is located, has

submitted to Congress a notice of disapproval with respect to such

site. If any such notice of disapproval has been submitted under

this subsection, the selection of the site under section 10165 of

this title shall not be effective except as provided under section

10135(c) of this title.

(b) References

For purposes of carrying out the provisions of this subsection,

references in section 10135(c) of this title to a repository shall

be considered to refer to a monitored retrievable storage facility

and references to a notice of disapproval of a repository site

designation under section 10136(b) or 10138(a) of this title shall

be considered to refer to a notice of disapproval under this

section.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 146, as added Pub. L. 100-202, Sec.

101(d) [title III, Sec. 300], Dec. 22, 1987, 101 Stat. 1329-104,

1329-121; Pub. L. 100-203, title V, Sec. 5021, Dec. 22, 1987, 101

Stat. 1330-235.)

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10162, 10168 of this

title.

-End-

-CITE-

42 USC Sec. 10167 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part C - Monitored Retrievable Storage

-HEAD-

Sec. 10167. Benefits agreement

-STATUTE-

Once selection of a site for a monitored retrievable storage

facility is made by the Secretary under section 10165 of this

title, the Indian tribe on whose reservation the site is located,

or, in the case that the site is not located on a reservation, the

State in which the site is located, shall be eligible to enter into

a benefits agreement with the Secretary under section 10173 of this

title.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 147, as added Pub. L. 100-202, Sec.

101(d) [title III, Sec. 300], Dec. 22, 1987, 101 Stat. 1329-104,

1329-121; Pub. L. 100-203, title V, Sec. 5021, Dec. 22, 1987, 101

Stat. 1330-235.)

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10162 of this title.

-End-

-CITE-

42 USC Sec. 10168 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part C - Monitored Retrievable Storage

-HEAD-

Sec. 10168. Construction authorization

-STATUTE-

(a) Environmental impact statement

(1) Once the selection of a site is effective under section 10166

of this title, the requirements of the National Environmental

Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply with

respect to construction of a monitored retrievable storage

facility, except that any environmental impact statement prepared

with respect to such facility shall not be required to consider the

need for such facility or any alternative to the design criteria

for such facility set forth in section 10161(b)(1) of this title.

(2) Nothing in this section shall be construed to limit the

consideration of alternative facility designs consistent with the

criteria described in section 10161(b)(1) of this title in any

environmental impact statement, or in any licensing procedure of

the Commission, with respect to any monitored retrievable storage

facility authorized under section 10162(b) of this title.

(b) Application for construction license

Once the selection of a site for a monitored retrievable storage

facility is effective under section 10166 of this title, the

Secretary may submit an application to the Commission for a license

to construct such a facility as part of an integrated nuclear waste

management system and in accordance with the provisions of this

section and applicable agreements under this chapter affecting such

facility.

Any monitored retrievable storage facility authorized pursuant to

section 10162(b) of this title shall be subject to licensing under

section 5842(3) of this title. In reviewing the application filed

by the Secretary for licensing of such facility, the Commission may

not consider the need for such facility or any alternative to the

design criteria for such facility set forth in section 10161(b)(1)

of this title.

(d) Licensing conditions

Any license issued by the Commission for a monitored retrievable

storage facility under this section shall provide that -

(1) construction of such facility may not begin until the

Commission has issued a license for the construction of a

repository under section 10135(d) of this title;

(2) construction of such facility or acceptance of spent

nuclear fuel or high-level radioactive waste shall be prohibited

during such time as the repository license is revoked by the

Commission or construction of the repository ceases;

(3) the quantity of spent nuclear fuel or high-level

radioactive waste at the site of such facility at any one time

may not exceed 10,000 metric tons of heavy metal until a

repository under this chapter first accepts spent nuclear fuel or

solidified high-level radioactive waste; and

(4) the quantity of spent nuclear fuel or high-level

radioactive waste at the site of such facility at any one time

may not exceed 15,000 metric tons of heavy metal.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 148, as added Pub. L. 100-202, Sec.

101(d) [title III, Sec. 300], Dec. 22, 1987, 101 Stat. 1329-104,

1329-121; Pub. L. 100-203, title V, Sec. 5021, Dec. 22, 1987, 101

Stat. 1330-235.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

subsec. (a)(1), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 et

seq.) of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 4321 of this title

and Tables.

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10162 of this title.

-End-

-CITE-

42 USC Sec. 10169 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part C - Monitored Retrievable Storage

-HEAD-

Sec. 10169. Financial assistance

-STATUTE-

The provisions of section 10136(c) or 10138(b) of this title with

respect to grants, technical assistance, and other financial

assistance shall apply to the State, to affected Indian tribes and

to affected units of local government in the case of a monitored

retrievable storage facility in the same manner as for a

repository.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 149, as added Pub. L. 100-202, Sec.

101(d) [title III, Sec. 300], Dec. 22, 1987, 101 Stat. 1329-104,

1329-121; Pub. L. 100-203, title V, Sec. 5021, Dec. 22, 1987, 101

Stat. 1330-236.)

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10162 of this title.

-End-

-CITE-

42 USC Part D - Low-Level Radioactive Waste 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part D - Low-Level Radioactive Waste

-HEAD-

PART D - LOW-LEVEL RADIOACTIVE WASTE

-End-

-CITE-

42 USC Sec. 10171 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part D - Low-Level Radioactive Waste

-HEAD-

Sec. 10171. Financial arrangements for low-level radioactive waste

site closure

-STATUTE-

(a) Financial arrangements

(1) The Commission shall establish by rule, regulation, or order,

after public notice, and in accordance with section 2231 of this

title, such standards and instructions as the Commission may deem

necessary or desirable to ensure in the case of each license for

the disposal of low-level radioactive waste that an adequate bond,

surety, or other financial arrangement (as determined by the

Commission) will be provided by a licensee to permit completion of

all requirements established by the Commission for the

decontamination, decommissioning, site closure, and reclamation of

sites, structures, and equipment used in conjunction with such

low-level radioactive waste. Such financial arrangements shall be

provided and approved by the Commission, or, in the case of sites

within the boundaries of any agreement State under section 2021 of

this title, by the appropriate State or State entity, prior to

issuance of licenses for low-level radioactive waste disposal or,

in the case of licenses in effect on January 7, 1983, prior to

termination of such licenses.

(2) If the Commission determines that any long-term maintenance

or monitoring, or both, will be necessary at a site described in

paragraph (1), the Commission shall ensure before termination of

the license involved that the licensee has made available such

bonding, surety, or other financial arrangements as may be

necessary to ensure that any necessary long-term maintenance or

monitoring needed for such site will be carried out by the person

having title and custody for such site following license

termination.

(b) Title and custody

(1) The Secretary shall have authority to assume title and

custody of low-level radioactive waste and the land on which such

waste is disposed of, upon request of the owner of such waste and

land and following termination of the license issued by the

Commission for such disposal, if the Commission determines that -

(A) the requirements of the Commission for site closure,

decommissioning, and decontamination have been met by the

licensee involved and that such licensee is in compliance with

the provisions of subsection (a) of this section;

(B) such title and custody will be transferred to the Secretary

without cost to the Federal Government; and

or desirable in order to protect the public health and safety,

and the environment.

(2) If the Secretary assumes title and custody of any such waste

and land under this subsection, the Secretary shall maintain such

waste and land in a manner that will protect the public health and

safety, and the environment.

If the low-level radioactive waste involved is the result of a

licensed activity to recover zirconium, hafnium, and rare earths

from source material, the Secretary, upon request of the owner of

the site involved, shall assume title and custody of such waste and

the land on which it is disposed when such site has been

decontaminated and stabilized in accordance with the requirements

established by the Commission and when such owner has made adequate

financial arrangements approved by the Commission for the long-term

maintenance and monitoring of such site.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 151, Jan. 7, 1983, 96 Stat. 2244.)

-End-

-CITE-

42 USC Part E - Redirection of Nuclear Waste Program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part E - Redirection of Nuclear Waste Program

-HEAD-

PART E - REDIRECTION OF NUCLEAR WASTE PROGRAM

-End-

-CITE-

42 USC Sec. 10172 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part E - Redirection of Nuclear Waste Program

-HEAD-

Sec. 10172. Selection of Yucca Mountain site

-STATUTE-

(a) In general

(1) The Secretary shall provide for an orderly phase-out of site

specific activities at all candidate sites other than the Yucca

Mountain site.

(2) The Secretary shall terminate all site specific activities

(other than reclamation activities) at all candidate sites, other

than the Yucca Mountain site, within 90 days after December 22,

1987.

(b) Eligibility to enter into benefits agreement

Effective on December 22, 1987, the State of Nevada shall be

eligible to enter into a benefits agreement with the Secretary

under section 10173 of this title.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 160, as added Pub. L. 100-202, Sec.

101(d) [title III, Sec. 300], Dec. 22, 1987, 101 Stat. 1329-104,

1329-121; Pub. L. 100-203, title V, Sec. 5011(a), Dec. 22, 1987,

101 Stat. 1330-227.)

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-End-

-CITE-

42 USC Sec. 10172a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part E - Redirection of Nuclear Waste Program

-HEAD-

Sec. 10172a. Siting a second repository

-STATUTE-

(a) Congressional action required

The Secretary may not conduct site-specific activities with

respect to a second repository unless Congress has specifically

authorized and appropriated funds for such activities.

(b) Report

The Secretary shall report to the President and to Congress on or

after January 1, 2007, but not later than January 1, 2010, on the

need for a second repository.

Not later than 6 months after December 22, 1987, the Secretary

shall phase out in an orderly manner funding for all research

programs in existence on December 22, 1987, designed to evaluate

the suitability of crystalline rock as a potential repository host

medium.

(d) Additional siting criteria

In the event that the Secretary at any time after December 22,

1987, considers any sites in crystalline rock for characterization

or selection as a repository, the Secretary shall consider (as a

supplement to the siting guidelines under section 10132 of this

title) such potentially disqualifying factors as -

(1) seasonal increases in population;

(2) proximity to public drinking water supplies, including

those of metropolitan areas; and

(3) the impact that characterization or siting decisions would

have on lands owned or placed in trust by the United States for

Indian tribes.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 161, as added Pub. L. 100-202, Sec.

101(d) [title III, Sec. 300], Dec. 22, 1987, 101 Stat. 1329-104,

1329-121; Pub. L. 100-203, title V, Sec. 5012, Dec. 22, 1987, 101

Stat. 1330-231.)

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-End-

-CITE-

42 USC Part F - Benefits 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part F - Benefits

-HEAD-

PART F - BENEFITS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 10133 of this title.

-End-

-CITE-

42 USC Sec. 10173 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part F - Benefits

-HEAD-

Sec. 10173. Benefits agreements

-STATUTE-

(a) In general

(1) The Secretary may enter into a benefits agreement with the

State of Nevada concerning a repository or with a State or an

Indian tribe concerning a monitored retrievable storage facility

for the acceptance of high-level radioactive waste or spent nuclear

fuel in that State or on the reservation of that tribe, as

appropriate.

(2) The State or Indian tribe may enter into such an agreement

only if the State Attorney General or the appropriate governing

authority of the Indian tribe or the Secretary of the Interior, in

the absence of an appropriate governing authority, as appropriate,

certifies to the satisfaction of the Secretary that the laws of the

State or Indian tribe provide adequate authority for that entity to

enter into the benefits agreement.

(3) Any benefits agreement with a State under this section shall

be negotiated in consultation with affected units of local

government in such State.

(4) Benefits and payments under this part may be made available

only in accordance with a benefits agreement under this section.

(b) Amendment

A benefits agreement entered into under subsection (a) of this

section may be amended only by the mutual consent of the parties to

the agreement and terminated only in accordance with section 10173c

of this title.

The Secretary shall offer to enter into a benefits agreement with

the Governor of Nevada. Any benefits agreement with a State under

this subsection shall be negotiated in consultation with any

affected units of local government in such State.

(d) Monitored retrievable storage

The Secretary shall offer to enter into a benefits agreement

relating to a monitored retrievable storage facility with the

governing body of the Indian tribe on whose reservation the site

for such facility is located, or, if the site is not located on a

reservation, with the Governor of the State in which the site is

located and in consultation with affected units of local government

in such State.

(e) Limitation

Only one benefits agreement for a repository and only one

benefits agreement for a monitored retrievable storage facility may

be in effect at any one time.

(f) Judicial review

Decisions of the Secretary under this section are not subject to

judicial review.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 170, as added Pub. L. 100-202, Sec.

101(d) [title III, Sec. 300], Dec. 22, 1987, 101 Stat. 1329-104,

1329-121; Pub. L. 100-203, title V, Sec. 5031, Dec. 22, 1987, 101

Stat. 1330-237.)

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10167, 10172, 10173a of

this title.

-End-

-CITE-

42 USC Sec. 10173a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part F - Benefits

-HEAD-

Sec. 10173a. Content of agreements

-STATUTE-

(a) In general

(1) In addition to the benefits to which a State, an affected

unit of local government or Indian tribe is entitled under this

subchapter, the Secretary shall make payments to a State or Indian

tribe that is a party to a benefits agreement under section 10173

of this title in accordance with the following schedule:

BENEFITS SCHEDULE

(AMOUNTS IN $ MILLIONS)

--------------------------------------------------------------------

Event MRS Repository

--------------------------------------------------------------------

(A) Annual payments prior to first 5 10

spent fuel receipt

(B) Upon first spent fuel receipt 10 20

fuel receipt until closure of the

facility

--------------------------------------------------------------------

(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

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 one-twelfth of such annual payment under paragraph (1)(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 subchapter 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 10173 of this title covering such payments.

shall resolve such dispute, consistent with this chapter and

applicable State law.

(b) Contents

A benefits agreement under section 10173 of this title shall

provide that -

(1) a Review Panel be established in accordance with section

10173b of this title;

(2) the State or Indian tribe that is party to such agreement

waive its rights under this subchapter 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;

(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 10136(c)(1)(B)(ii), 10136(c)(2),

10138(b)(2)(A)(ii), and 10138(b)(3) of this title.

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 10173 of this title shall constitute a

commitment by the United States to make payments in accordance with

such agreement.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 171, as added Pub. L. 100-202, Sec.

101(d) [title III, Sec. 300], Dec. 22, 1987, 101 Stat. 1329-104,

1329-121; Pub. L. 100-203, title V, Sec. 5031, Dec. 22, 1987, 101

Stat. 1330-237.)

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10173b, 10174a of this

title.

-End-

-CITE-

42 USC Sec. 10173b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part F - Benefits

-HEAD-

Sec. 10173b. Review Panel

-STATUTE-

(a) In general

The Review Panel required to be established by section

10173a(b)(1) of this title 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.

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 (!1) make available promptly (!1)

any information in the Secretary's possession requested 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 subchapter.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 172, as added Pub. L. 100-202, Sec.

101(d) [title III, Sec. 300], Dec. 22, 1987, 101 Stat. 1329-104,

1329-121; Pub. L. 100-203, title V, Sec. 5031, Dec. 22, 1987, 101

Stat. 1330-239.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (e),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10173a of this title.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

42 USC Sec. 10173c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part F - Benefits

-HEAD-

Sec. 10173c. Termination

-STATUTE-

(a) In general

The Secretary may terminate a benefits agreement under this

subchapter if -

(1) the site under consideration is disqualified for its

failure to comply with guidelines and technical requirements

established by the Secretary in accordance with this chapter; or

(2) the Secretary determines that the Commission cannot license

the facility within a reasonable time.

(b) Termination by State or Indian tribe

A State or Indian tribe may terminate a benefits agreement under

this subchapter only if the Secretary disqualifies the site under

consideration for its failure to comply with technical requirements

established by the Secretary in accordance with this chapter or the

Secretary determines that the Commission cannot license the

facility within a reasonable time.

Decisions of the Secretary under this section shall be in

writing, shall be available to Congress and the public, and are not

subject to judicial review.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 173, as added Pub. L. 100-202, Sec.

101(d) [title III, Sec. 300], Dec. 22, 1987, 101 Stat. 1329-104,

1329-121; Pub. L. 100-203, title V, Sec. 5031, Dec. 22, 1987, 101

Stat. 1330-240.)

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10173 of this title.

-End-

-CITE-

42 USC Part G - Other Benefits 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part G - Other Benefits

-HEAD-

PART G - OTHER BENEFITS

-End-

-CITE-

42 USC Sec. 10174 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part G - Other Benefits

-HEAD-

Sec. 10174. Consideration in siting facilities

-STATUTE-

The Secretary, in siting Federal research projects, shall give

special consideration to proposals from States where a repository

is located.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 174, as added Pub. L. 100-202, Sec.

101(d) [title III, Sec. 300], Dec. 22, 1987, 101 Stat. 1329-104,

1329-121; Pub. L. 100-203, title V, Sec. 5031, Dec. 22, 1987, 101

Stat. 1330-240.)

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-End-

-CITE-

42 USC Sec. 10174a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part G - Other Benefits

-HEAD-

Sec. 10174a. Report

-STATUTE-

(a) In general

Within one year of December 22, 1987, the Secretary shall report

to Congress on the potential impacts of locating a repository at

the Yucca Mountain site, including the recommendations of the

Secretary for mitigation of such impacts and a statement of which

impacts should be dealt with by the Federal Government, which

should be dealt with by the State with State resources, including

the benefits payments under section 10173a of this title, and which

should be a joint Federal-State responsibility. The report under

this subsection shall include the analysis of the Secretary of the

authorities available to mitigate these impacts and the appropriate

sources of funds for such mitigation.

(b) Impacts to be considered

Potential impacts to be addressed in the report under this (!1)

subsection (a) of this section shall include impacts on -

(1) education, including facilities and personnel for

elementary and secondary schools, community colleges, vocational

and technical schools and universities;

(2) public health, including the facilities and personnel for

treatment and distribution of water, the treatment of sewage, the

control of pests and the disposal of solid waste;

(3) law enforcement, including facilities and personnel for the

courts, police and sheriff's departments, district attorneys and

public defenders and prisons;

(4) fire protection, including personnel, the construction of

fire stations, and the acquisition of equipment;

(5) medical care, including emergency services and hospitals;

(6) cultural and recreational needs, including facilities and

personnel for libraries and museums and the acquisition and

expansion of parks;

(7) distribution of public lands to allow for the timely

expansion of existing, or creation of new, communities and the

construction of necessary residential and commercial facilities;

(8) vocational training and employment services;

(9) social services, including public assistance programs,

vocational and physical rehabilitation programs, mental health

services, and programs relating to the abuse of alcohol and

controlled substances;

(10) transportation, including any roads, terminals, airports,

bridges, or railways associated with the facility and the repair

and maintenance of roads, terminals, airports, bridges, or

railways damaged as a result of the construction, operation, and

closure of the facility;

(11) equipment and training for State and local personnel in

the management of accidents involving high-level radioactive

waste;

(12) availability of energy;

(13) tourism and economic development, including the potential

loss of revenue and future economic growth; and

(14) other needs of the State and local governments that would

not have arisen but for the characterization of the site and the

construction, operation, and eventual closure of the repository

facility.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 175, as added Pub. L. 100-202, Sec.

101(d) [title III, Sec. 300], Dec. 22, 1987, 101 Stat. 1329-104,

1329-121; Pub. L. 100-203, title V, Sec. 5031, Dec. 22, 1987, 101

Stat. 1330-240.)

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-FOOTNOTE-

(!1) So in original. The word "this" probably should not appear.

-End-

-CITE-

42 USC Part H - Transportation 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part H - Transportation

-HEAD-

PART H - TRANSPORTATION

-End-

-CITE-

42 USC Sec. 10175 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE,

SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE

WASTE

Part H - Transportation

-HEAD-

Sec. 10175. Transportation

-STATUTE-

(a) Packaging

No spent nuclear fuel or high-level radioactive waste may be

transported by or for the Secretary under part A of this subchapter

or under part C of this subchapter except in packages that have

been certified for such purpose by the Commission.

(b) Advance notification

The Secretary shall abide by regulations of the Commission

regarding advance notification of State and local governments prior

to transportation of spent nuclear fuel or high-level radioactive

waste under part A of this subchapter or under part C of this

subchapter.

The Secretary shall provide technical assistance and funds to

States for training for public safety officials of appropriate

units of local government and Indian tribes through whose

jurisdiction the Secretary plans to transport spent nuclear fuel or

high-level radioactive waste under part A of this subchapter or

under part C of this subchapter. Training shall cover procedures

required for safe routine transportation of these materials, as

well as procedures for dealing with emergency response situations.

The Waste Fund shall be the source of funds for work carried out

under this subsection.

-SOURCE-

(Pub. L. 97-425, title I, Sec. 180, as added Pub. L. 100-202, Sec.

101(d) [title III, Sec. 300], Dec. 22, 1987, 101 Stat. 1329-104,

1329-121; Pub. L. 100-203, title V, Sec. 5061, Dec. 22, 1987, 101

Stat. 1330-251.)

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-End-

-CITE-

42 USC SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND

DEMONSTRATION REGARDING DISPOSAL OF

HIGH-LEVEL RADIOACTIVE WASTE AND SPENT

NUCLEAR FUEL 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION REGARDING

DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE AND

SPENT NUCLEAR FUEL

-HEAD-

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION REGARDING

DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE AND SPENT NUCLEAR FUEL

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 10139, 10222 of this

title.

-End-

-CITE-

42 USC Sec. 10191 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION REGARDING

DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE AND

SPENT NUCLEAR FUEL

-HEAD-

Sec. 10191. Purpose

-STATUTE-

It is the purpose of this subchapter -

(1) to provide direction to the Secretary with respect to the

disposal of high-level radioactive waste and spent nuclear fuel;

(2) to authorize the Secretary, pursuant to this subchapter -

(A) to provide for the construction, operation, and

maintenance of a deep geologic test and evaluation facility;

and

(B) to provide for a focused and integrated high-level

radioactive waste and spent nuclear fuel research and

development program, including the development of a test and

evaluation facility to carry out research and provide an

integrated demonstration of the technology for deep geologic

disposal of high-level radioactive waste, and the development

of the facilities to demonstrate dry storage of spent nuclear

fuel; and

(3) to provide for an improved cooperative role between the

Federal Government and States, affected Indian tribes, and units

of general local government in the siting of a test and

evaluation facility.

-SOURCE-

(Pub. L. 97-425, title II, Sec. 211, Jan. 7, 1983, 96 Stat. 2245.)

-End-

-CITE-

42 USC Sec. 10192 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION REGARDING

DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE AND

SPENT NUCLEAR FUEL

-HEAD-

Sec. 10192. Applicability

-STATUTE-

The provisions of this subchapter are subject to section 10107 of

this title and shall not apply to facilities that are used for the

disposal of high-level radioactive waste, low-level radioactive

waste, transuranic waste, or spent nuclear fuel resulting from

atomic energy defense activities.

-SOURCE-

(Pub. L. 97-425, title II, Sec. 212, Jan. 7, 1983, 96 Stat. 2245.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10197 of this title.

-End-

-CITE-

42 USC Sec. 10193 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION REGARDING

DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE AND

SPENT NUCLEAR FUEL

-HEAD-

Sec. 10193. Identification of sites

-STATUTE-

(a) Guidelines

Not later than 6 months after January 7, 1983, and

notwithstanding the failure of other agencies to promulgate

standards pursuant to applicable law, the Secretary, in

consultation with the Commission, the Director of the United States

Geological Survey, the Administrator, the Council on Environmental

Quality, and such other Federal agencies as the Secretary considers

appropriate, is authorized to issue, pursuant to section 553 of

title 5, general guidelines for the selection of a site for a test

and evaluation facility. Under such guidelines the Secretary shall

specify factors that qualify or disqualify a site for development

as a test and evaluation facility, including factors pertaining to

the location of valuable natural resources, hydrogeophysics,

seismic activity, and atomic energy defense activities, proximity

to water supplies, proximity to populations, the effect upon the

rights of users of water, and proximity to components of the

National Park System, the National Wildlife Refuge System, the

National Wild and Scenic Rivers System, the National Wilderness

Preservation System, or National Forest Lands. Such guidelines

shall require the Secretary to consider the various geologic media

in which the site for a test and evaluation facility may be located

and, to the extent practicable, to identify sites in different

geologic media. The Secretary shall use guidelines established

under this subsection in considering and selecting sites under this

subchapter.

(b) Site identification by Secretary

(1) Not later than 1 year after January 7, 1983, and following

promulgation of guidelines under subsection (a) of this section,

the Secretary is authorized to identify 3 or more sites, at least 2

of which shall be in different geologic media in the continental

United States, and at least 1 of which shall be in media other than

salt. Subject to Commission requirements, the Secretary shall give

preference to sites for the test and evaluation facility in media

possessing geochemical characteristics that retard aqueous

transport of radionuclides. In order to provide a greater possible

protection of public health and safety as operating experience is

gained at the test and evaluation facility, and with the exception

of the primary areas under review by the Secretary on January 7,

1983, for the location of a test and evaluation facility or

repository, all sites identified under this subsection shall be

more than 15 statute miles from towns having a population of

greater than 1,000 persons as determined by the most recent census

unless such sites contain high-level radioactive waste prior to

identification under this subchapter. Each identification of a site

shall be supported by an environmental assessment, which shall

include a detailed statement of the basis for such identification

and of the probable impacts of the siting research activities

planned for such site, and a discussion of alternative activities

relating to siting research that may be undertaken to avoid such

impacts. Such environmental assessment shall include -

(A) an evaluation by the Secretary as to whether such site is

suitable for siting research under the guidelines established

under subsection (a) of this section;

(B) an evaluation by the Secretary of the effects of the siting

research activities at such site on the public health and safety

and the environment;

such site with other sites and locations that have been

considered;

(D) a description of the decision process by which such site

was recommended; and

(E) an assessment of the regional and local impacts of locating

the proposed test and evaluation facility at such site.

(2) When the Secretary identifies a site, the Secretary shall as

soon as possible notify the Governor of the State in which such

site is located, or the governing body of the affected Indian tribe

where such site is located, of such identification and the basis of

such identification. Additional sites for the location of the test

and evaluation facility authorized in section 10222(d) of this

title may be identified after such 1 year period, following the

same procedure as if such sites had been identified within such

period.

-SOURCE-

(Pub. L. 97-425, title II, Sec. 213, Jan. 7, 1983, 96 Stat. 2245;

Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 1000.)

-CHANGE-

CHANGE OF NAME

"United States Geological Survey" substituted for "Geological

Survey" in subsec. (a) pursuant to provision of title I of Pub. L.

102-154, set out as a note under section 31 of Title 43, Public

Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10194, 10195, 10199 of

this title.

-End-

-CITE-

42 USC Sec. 10194 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION REGARDING

DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE AND

SPENT NUCLEAR FUEL

-HEAD-

Sec. 10194. Siting research and related activities

-STATUTE-

(a) In general

Not later than 30 months after the date on which the Secretary

completes the identification of sites under section 10193 of this

title, the Secretary is authorized to complete sufficient

evaluation of 3 sites to select a site for expanded siting research

activities and for other activities under section 10198 of this

title. The Secretary is authorized to conduct such preconstruction

activities relative to such site selection for the test and

evaluation facility as he deems appropriate. Additional sites for

the location of the test and evaluation facility authorized in

section 10222(d) of this title may be evaluated after such 30-month

period, following the same procedures as if such sites were to be

evaluated within such period.

(b) Public meetings and environmental assessment

Not later than 6 months after the date on which the Secretary

completes the identification of sites under section 10193 of this

title, and before beginning siting research activities, the

Secretary shall hold at least 1 public meeting in the vicinity of

each site to inform the residents of the area of the activities to

be conducted at such site and to receive their views.

Except as provided in section 10198 of this title with respect to

a test and evaluation facility, in conducting siting research

activities pursuant to subsection (a) of this section -

(1) the Secretary shall use the minimum quantity of high-level

radioactive waste or other radioactive materials, if any,

necessary to achieve the test or research objectives;

(2) the Secretary shall ensure that any radioactive material

used or placed on a site shall be fully retrievable; and

(3) upon termination of siting research activities at a site

for any reason, the Secretary shall remove any radioactive

material at or in the site as promptly as practicable.

(d) Title to material

The Secretary may take title, in the name of the Federal

Government, to the high-level radioactive waste, spent nuclear

fuel, or other radioactive material emplaced in a test and

evaluation facility. If the Secretary takes title to any such

material, the Secretary shall enter into the appropriate financial

arrangements described in subsection (a) or (b) of section 10222 of

this title for the disposal of such material.

-SOURCE-

(Pub. L. 97-425, title II, Sec. 214, Jan. 7, 1983, 96 Stat. 2247.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10197, 10198 of this

title.

-End-

-CITE-

42 USC Sec. 10195 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION REGARDING

DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE AND

SPENT NUCLEAR FUEL

-HEAD-

Sec. 10195. Test and evaluation facility siting review and reports

-STATUTE-

(a) Consultation and cooperation

The Governor of a State, or the governing body of an affected

Indian tribe, notified of a site identification under section 10193

of this title shall have the right to participate in a process of

consultation and cooperation as soon as the site involved has been

identified pursuant to such section and throughout the life of the

test and evaluation facility. For purposes of this section, the

term "process of consultation and cooperation" means a methodology

(1) by which the Secretary -

(A) keeps the Governor or governing body involved fully and

currently informed about any potential economic or public

health and safety impacts in all stages of the siting,

development, construction, and operation of a test and

evaluation facility;

(B) solicits, receives, and evaluates concerns and objections

of such Governor or governing body with regard to such test and

evaluation facility on an ongoing basis; and

concerns and objections; and

(2) by which the State or affected Indian tribe involved can

exercise reasonable independent monitoring and testing of onsite

activities related to all stages of the siting, development,

construction and operation of the test and evaluation facility,

except that any such monitoring and testing shall not

unreasonably interfere with onsite activities.

(b) Written agreements

The Secretary shall enter into written agreements with the

Governor of the State in which an identified site is located or

with the governing body of any affected Indian tribe where an

identified site is located in order to expedite the consultation

and cooperation process. Any such written agreement shall specify -

(1) procedures by which such Governor or governing body may

study, determine, comment on, and make recommendations with

regard to the possible health, safety, and economic impacts of

the test and evaluation facility;

(2) procedures by which the Secretary shall consider and

respond to comments and recommendations made by such Governor or

governing body, including the period in which the Secretary shall

so respond;

(3) the documents the Department is to submit to such Governor

or governing body, the timing for such submissions, the timing

for such Governor or governing body to identify public health and

safety concerns and the process to be followed to try to

eliminate those concerns;

(4) procedures by which the Secretary and either such Governor

or governing body may review or modify the agreement

periodically; and

(5) procedures for public notification of the procedures

specified under subparagraphs (A) through (D).

Except as specifically provided in this section, nothing in this

subchapter is intended to grant any State or affected Indian tribe

any authority with respect to the siting, development, or loading

of the test and evaluation facility.

-SOURCE-

(Pub. L. 97-425, title II, Sec. 215, Jan. 7, 1983, 96 Stat. 2247.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10199 of this title.

-End-

-CITE-

42 USC Sec. 10196 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION REGARDING

DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE AND

SPENT NUCLEAR FUEL

-HEAD-

Sec. 10196. Federal agency actions

-STATUTE-

(a) Cooperation and coordination

Federal agencies shall assist the Secretary by cooperating and

coordinating with the Secretary in the preparation of any necessary

reports under this subchapter and the mission plan under section

10221 of this title.

(b) Environmental review

(1) No action of the Secretary or any other Federal agency

required by this subchapter or section 10221 of this title with

respect to a test and evaluation facility to be taken prior to the

initiation of onsite construction of a test and evaluation facility

shall require the preparation of an environmental impact statement

under section 102(2)(C) of the Environmental Policy Act of 1969 (42

U.S.C. 4332(2)(C)), or to require the preparation of environmental

reports, except as otherwise specifically provided for in this

subchapter.

(2) The Secretary and the heads of all other Federal agencies

shall, to the maximum extent possible, avoid duplication of efforts

in the preparation of reports under the National Environmental

Policy Act of 1969 (42 U.S.C. 4321 et seq.).

-SOURCE-

(Pub. L. 97-425, title II, Sec. 216, Jan. 7, 1983, 96 Stat. 2248.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

subsec. (b)(2), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 et

seq.) of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 4321 of this title

and Tables.

-End-

-CITE-

42 USC Sec. 10197 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION REGARDING

DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE AND

SPENT NUCLEAR FUEL

-HEAD-

Sec. 10197. Research and development on disposal of high-level

radioactive waste

-STATUTE-

(a) Purpose

Not later than 64 months after January 7, 1983, the Secretary is

authorized to, to the extent practicable, begin at a site evaluated

under section 10194 of this title, as part of and as an extension

of siting research activities of such site under such section, the

mining and construction of a test and evaluation facility. Prior to

the mining and construction of such facility, the Secretary shall

prepare an environmental assessment. The purpose of such facility

shall be -

(1) to supplement and focus the repository site

characterization process;

(2) to provide the conditions under which known technological

components can be integrated to demonstrate a functioning

repository-like system;

(3) to provide a means of identifying, evaluating, and

resolving potential repository licensing issues that could not be

resolved during the siting research program conducted under

section 10192 of this title;

(4) to validate, under actual conditions, the scientific models

used in the design of a repository;

(5) to refine the design and engineering of repository

components and systems and to confirm the predicted behavior of

such components and systems;

(6) to supplement the siting data, the generic and specific

geological characteristics developed under section 10194 of this

title relating to isolating disposal materials in the physical

environment of a repository;

(7) to evaluate the design concepts for packaging, handling,

and emplacement of high-level radioactive waste and spent nuclear

fuel at the design rate; and

(8) to establish operating capability without exposing workers

to excessive radiation.

(b) Design

The Secretary shall design each test and evaluation facility -

(1) to be capable of receiving not more than 100 full-sized

canisters of solidified high-level radioactive waste (which

canisters shall not exceed an aggregate weight of 100 metric

tons), except that spent nuclear fuel may be used instead of such

waste if such waste cannot be obtained under reasonable

conditions;

(2) to permit full retrieval of solidified high-level

radioactive waste, or other radioactive material used by the

Secretary for testing, upon completion of the technology

demonstration activities; and

(3) based upon the principle that the high-level radioactive

waste, spent nuclear fuel, or other radioactive material involved

shall be isolated from the biosphere in such a way that the

initial isolation is provided by engineered barriers functioning

as a system with the geologic environment.

(1) Not later than 88 months after January 7, 1983, the Secretary

shall begin an in situ testing program at the test and evaluation

facility in accordance with the mission plan developed under

section 10221 of this title, for purposes of -

(A) conducting in situ tests of bore hole sealing, geologic

media fracture sealing, and room closure to establish the

techniques and performance for isolation of high-level

radioactive waste, spent nuclear fuel, or other radioactive

materials from the biosphere;

(B) conducting in situ tests with radioactive sources and

materials to evaluate and improve reliable models for

radionuclide migration, absorption, and containment within the

engineered barriers and geologic media involved, if the Secretary

finds there is reasonable assurance that such radioactive sources

and materials will not threaten the use of such site as a

repository;

ground water or brine flow through fractured geologic media;

(D) conducting in situ tests under conditions representing the

real time and the accelerated time behavior of the engineered

barriers within the geologic environment involved;

(E) conducting in situ tests to evaluate the effects of heat

and pressure on the geologic media involved, on the hydrology of

the surrounding area, and on the integrity of the disposal

packages;

(F) conducting in situ tests under both normal and abnormal

repository conditions to establish safe design limits for

disposal packages and to determine the effects of the gross

release of radionuclides into surroundings, and the effects of

various credible failure modes, including -

(i) seismic events leading to the coupling of aquifers

through the test and evaluation facility;

(ii) thermal pulses significantly greater than the maximum

calculated; and

(iii) human intrusion creating a direct pathway to the

biosphere; and

(G) conducting such other research and development activities

as the Secretary considers appropriate, including such activities

necessary to obtain the use of high-level radioactive waste,

spent nuclear fuel, or other radioactive materials (such as any

highly radioactive material from the Three Mile Island nuclear

powerplant or from the West Valley Demonstration Project) for

test and evaluation purposes, if such other activities are

reasonably necessary to support the repository program and if

there is reasonable assurance that the radioactive sources

involved will not threaten the use of such site as a repository.

(2) The in situ testing authorized in this subsection shall be

designed to ensure that the suitability of the site involved for

licensing by the Commission as a repository will not be adversely

affected.

(d) Use of existing Department facilities

During the conducting of siting research activities under section

10194 of this title and for such period thereafter as the Secretary

considers appropriate, the Secretary shall use Department

facilities owned by the Federal Government on January 7, 1983, for

the conducting of generically applicable tests regarding packaging,

handling, and emplacement technology for solidified high-level

radioactive waste and spent nuclear fuel from civilian nuclear

activities.

(e) Engineered barriers

The system of engineered barriers and selected geology used in a

test and evaluation facility shall have a design life at least as

long as that which the Commission requires by regulations issued

under this chapter, or under the Atomic Energy Act of 1954 (42

U.S.C. 2011 et seq.), for repositories.

(f) Role of Commission

(1)(A) Not later than 1 year after January 7, 1983, the Secretary

and the Commission shall reach a written understanding establishing

the procedures for review, consultation, and coordination in the

planning, construction, and operation of the test and evaluation

facility under this section. Such understanding shall establish a

schedule, consistent with the deadlines set forth in this

subchapter,(!1) for submission by the Secretary of, and review by

the Commission of and necessary action on -

(i) the mission plan prepared under section 10221 of this

title; and

(ii) such reports and other information as the Commission may

reasonably require to evaluate any health and safety impacts of

the test and evaluation facility.

(B) Such understanding shall also establish the conditions under

which the Commission may have access to the test and evaluation

facility for the purpose of assessing any public health and safety

concerns that it may have. No shafts may be excavated for the test

and evaluation until the Secretary and the Commission enter into

such understanding.

(2) Subject to section 10225 of this title, the test and

evaluation facility, and the facilities authorized in this section,

shall be constructed and operated as research, development, and

demonstration facilities, and shall not be subject to licensing

under section 5842 of this title.

(3)(A) The Commission shall carry out a continuing analysis of

the activities undertaken under this section to evaluate the

adequacy of the consideration of public health and safety issues.

(B) The Commission shall report to the President, the Secretary,

and the Congress as the Commission considers appropriate with

respect to the conduct of activities under this section.

(g) Environmental review

The Secretary shall prepare an environmental impact statement

under section 102(2)(C) of the National Environmental Policy Act of

1969 (42 U.S.C. 4332(2)(C)) prior to conducting tests with

radioactive materials at the test and evaluation facility. Such

environmental impact statement shall incorporate, to the extent

practicable, the environmental assessment prepared under subsection

(a) of this section. Nothing in this subsection may be construed to

limit siting research activities conducted under section 10194 of

this title. This subsection shall apply only to activities

performed exclusively for a test and evaluation facility.

(h) Limitations

(1) If the test and evaluation facility is not located at the

site of a repository, the Secretary shall obtain the concurrence of

the Commission with respect to the decontamination and

decommissioning of such facility.

(2) If the test and evaluation facility is not located at a

candidate site or repository site, the Secretary shall conduct only

the portion of the in situ testing program required in subsection

carrying out the purposes of this chapter.

(3) The operation of the test and evaluation facility shall

terminate not later than -

(A) 5 years after the date on which the initial repository

begins operation; or

(B) at such time as the Secretary determines that the continued

operation of a test and evaluation facility is not necessary for

research, development, and demonstration purposes;

whichever occurs sooner.

(4) Notwithstanding any other provisions of this subsection, as

soon as practicable following any determination by the Secretary,

with the concurrence of the Commission, that the test and

evaluation facility is unsuitable for continued operation, the

Secretary shall take such actions as are necessary to remove from

such site any radioactive material placed on such site as a result

of testing and evaluation activities conducted under this section.

Such requirement may be waived if the Secretary, with the

concurrence of the Commission, finds that short-term testing and

evaluation activities using radioactive material will not endanger

the public health and safety.

-SOURCE-

(Pub. L. 97-425, title II, Sec. 217, Jan. 7, 1983, 96 Stat. 2249.)

-REFTEXT-

REFERENCES IN TEXT

The Atomic Energy Act of 1954, referred to in subsec. (e), is act

Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073,

Sec. 1, 68 Stat. 921, and amended, which is classified generally to

chapter 23 (Sec. 2011 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 2011 of this title and Tables.

This subchapter, referred to in subsec. (f)(1)(A), was in the

original "this subtitle", and was translated as this subchapter to

reflect the probable intent of Congress because title II of Pub. L.

97-425, which enacted this subchapter, does not contain subtitles.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10199 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 10198 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION REGARDING

DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE AND

SPENT NUCLEAR FUEL

-HEAD-

Sec. 10198. Research and development on spent nuclear fuel

-STATUTE-

(a) Demonstration and cooperative programs

The Secretary shall establish a demonstration program, in

cooperation with the private sector, for the dry storage of spent

nuclear fuel at civilian nuclear power reactor sites, with the

objective of establishing one or more technologies that the

Commission may, by rule, approve for use at the sites of civilian

nuclear power reactors without, to the maximum extent practicable,

the need for additional site-specific approvals by the Commission.

Not later than 1 year after January 7, 1983, the Secretary shall

select at least 1, but not more than 3, sites evaluated under

section 10194 of this title at such power reactors. In selecting

such site or sites, the Secretary shall give preference to civilian

nuclear power reactors that will soon have a shortage of interim

storage capacity for spent nuclear fuel. Subject to reaching

agreement as provided in subsection (b) of this section, the

Secretary shall undertake activities to assist such power reactors

with demonstration projects at such sites, which may use one of the

following types of alternate storage technologies: spent nuclear

fuel storage casks, caissons, or silos. The Secretary shall also

undertake a cooperative program with civilian nuclear power

reactors to encourage the development of the technology for spent

nuclear fuel rod consolidation in existing power reactor water

storage basins.

(b) Cooperative agreements

To carry out the programs described in subsection (a) of this

section, the Secretary shall enter into a cooperative agreement

with each utility involved that specifies, at a minimum, that -

(1) such utility shall select the alternate storage technique

to be used, make the land and spent nuclear fuel available for

the dry storage demonstration, submit and provide site-specific

documentation for a license application to the Commission, obtain

a license relating to the facility involved, construct such

facility, operate such facility after licensing, pay the costs

required to construct such facility, and pay all costs associated

with the operation and maintenance of such facility;

(2) the Secretary shall provide, on a cost-sharing basis,

consultative and technical assistance, including design support

and generic licensing documentation, to assist such utility in

obtaining the construction authorization and appropriate license

from the Commission; and

(3) the Secretary shall provide generic research and

development of alternative spent nuclear fuel storage techniques

to enhance utility-provided, at-reactor storage capabilities, if

authorized in any other provision of this chapter or in any other

provision of law.

(1) The consultative and technical assistance referred to in

subsection (b)(2) of this section may include, but shall not be

limited to, the establishment of a research and development program

for the dry storage of not more than 300 metric tons of spent

nuclear fuel at facilities owned by the Federal Government on

January 7, 1983. The purpose of such program shall be to collect

necessary data to assist the utilities involved in the licensing

process.

(2) To the extent available, and consistent with the provisions

of section 10155 of this title, the Secretary shall provide spent

nuclear fuel for the research and development program authorized in

this subsection from spent nuclear fuel received by the Secretary

for storage under section 10155 of this title. Such spent nuclear

fuel shall not be subject to the provisions of section 10155(e) of

this title.

(d) Funding

The total contribution from the Secretary from Federal funds and

the use of Federal facilities or services shall not exceed 25

percent of the total costs of the demonstration program authorized

in subsection (a) of this section, as estimated by the Secretary.

All remaining costs of such program shall be paid by the utilities

involved or shall be provided by the Secretary from the Interim

Storage Fund established in section 10156 of this title.

(e) Relation to spent nuclear fuel storage program

The spent nuclear fuel storage program authorized in section

10155 of this title shall not be construed to authorize the use of

research development or demonstration facilities owned by the

Department unless -

(1) a period of 30 calendar days (not including any day in

which either House of Congress is not in session because of

adjournment of more than 3 calendar days to a day certain) has

passed after the Secretary has transmitted to the Committee on

Science, Space, and Technology of the House of Representatives

and the Committee on Energy and Natural Resources of the Senate a

written report containing a full and complete statement

concerning (A) the facility involved; (B) any necessary

modifications; (C) the cost thereof; and (D) the impact on the

authorized research and development program; or

(2) each such committee, before the expiration of such period,

has transmitted to the Secretary a written notice to the effect

that such committee has no objection to the proposed use of such

facility.

-SOURCE-

(Pub. L. 97-425, title II, Sec. 218, Jan. 7, 1983, 96 Stat. 2252;

Pub. L. 103-437, Sec. 15(c)(10), Nov. 2, 1994, 108 Stat. 4592.)

-MISC1-

AMENDMENTS

1994 - Subsec. (e)(1). Pub. L. 103-437 substituted "Committee on

Science, Space, and Technology" for "Committee on Science and

Technology".

-CHANGE-

CHANGE OF NAME

Committee on Science, Space, and Technology of House of

Representatives treated as referring to Committee on Science of

House of Representatives by section 1(a) of Pub. L. 104-14, set out

as a note preceding section 21 of Title 2, The Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10153, 10155, 10194 of

this title.

-End-

-CITE-

42 USC Sec. 10199 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION REGARDING

DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE AND

SPENT NUCLEAR FUEL

-HEAD-

Sec. 10199. Payments to States and Indian tribes

-STATUTE-

(a) Payments

Subject to subsection (b) of this section, the Secretary shall

make payments to each State or affected Indian tribe that has

entered into an agreement pursuant to section 10195 of this title.

The Secretary shall pay an amount equal to 100 percent of the

expenses incurred by such State or Indian tribe in engaging in any

monitoring, testing, evaluation, or other consultation and

cooperation activity under section 10195 of this title with respect

to any site. The amount paid by the Secretary under this paragraph

shall not exceed $3,000,000 per year from the date on which the

site involved was identified to the date on which the

decontamination and decommission of the facility is complete

pursuant to section 10197(h) of this title. Any such payment may

only be made to a State in which a potential site for a test and

evaluation facility has been identified under section 10193 of this

title, or to an affected Indian tribe where the potential site has

been identified under such section.

(b) Limitation

The Secretary shall make any payment to a State under subsection

(a) of this section only if such State agrees to provide, to each

unit of general local government within the jurisdictional

boundaries of which the potential site or effectively selected site

involved is located, at least one-tenth of the payments made by the

Secretary to such State under such subsection. A State or affected

Indian tribe receiving any payment under subsection (a) of this

section shall otherwise have discretion to use such payment for

whatever purpose it deems necessary, including the State or tribal

activities pursuant to agreements entered into in accordance with

section 10195 of this title. Annual payments shall be prorated on a

365-day basis to the specified dates.

-SOURCE-

(Pub. L. 97-425, title II, Sec. 219, Jan. 7, 1983, 96 Stat. 2253.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10222 of this title.

-End-

-CITE-

42 USC Sec. 10200 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION REGARDING

DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE AND

SPENT NUCLEAR FUEL

-HEAD-

Sec. 10200. Study of research and development needs for monitored

retrievable storage proposal

-STATUTE-

Not later than 6 months after January 7, 1983, the Secretary

shall submit to the Congress a report describing the research and

development activities the Secretary considers necessary to develop

the proposal required in section 10161(b) of this title with

respect to a monitored retrievable storage facility.

-SOURCE-

(Pub. L. 97-425, title II, Sec. 220, Jan. 7, 1983, 96 Stat. 2254.)

-End-

-CITE-

42 USC Sec. 10201 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION REGARDING

DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE AND

SPENT NUCLEAR FUEL

-HEAD-

Sec. 10201. Judicial review

-STATUTE-

Judicial review of research and development activities under this

subchapter shall be in accordance with the provisions of section

10139 of this title.

-SOURCE-

(Pub. L. 97-425, title II, Sec. 221, Jan. 7, 1983, 96 Stat. 2254.)

-End-

-CITE-

42 USC Sec. 10202 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION REGARDING

DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE AND

SPENT NUCLEAR FUEL

-HEAD-

Sec. 10202. Research on alternatives for permanent disposal of

high-level radioactive waste

-STATUTE-

The Secretary shall continue and accelerate a program of

research, development, and investigation of alternative means and

technologies for the permanent disposal of high-level radioactive

waste from civilian nuclear activities and Federal research and

development activities except that funding shall be made from

amounts appropriated to the Secretary for purposes of carrying out

this section. Such program shall include examination of various

waste disposal options.

-SOURCE-

(Pub. L. 97-425, title II, Sec. 222, Jan. 7, 1983, 96 Stat. 2254.)

-End-

-CITE-

42 USC Sec. 10203 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION REGARDING

DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE AND

SPENT NUCLEAR FUEL

-HEAD-

Sec. 10203. Technical assistance to non-nuclear weapon states in

field of spent fuel storage and disposal

-STATUTE-

(a) Statement of policy

It shall be the policy of the United States to cooperate with and

provide technical assistance to non-nuclear weapon states in the

field of spent fuel storage and disposal.

(b) Publication of joint notice; update

(1) Within 90 days of January 7, 1983, the Secretary and the

Commission shall publish a joint notice in the Federal Register

stating that the United States is prepared to cooperate with and

provide technical assistance to non-nuclear weapon states in the

fields of at-reactor spent fuel storage; away-from-reactor spent

fuel storage; monitored, retrievable spent fuel storage; geologic

disposal of spent fuel; and the health, safety, and environmental

regulation of such activities. The notice shall summarize the

resources that can be made available for international cooperation

and assistance in these fields through existing programs of the

Department and the Commission, including the availability of: (i)

data from past or ongoing research and development projects; (ii)

consultations with expert Department or Commission personnel or

contractors; and (iii) liaison with private business entities and

organizations working in these fields.

(2) The joint notice described in the preceding subparagraph

shall be updated and reissued annually for 5 succeeding years.

interest

Following publication of the annual joint notice referred to in

paragraph (2), the Secretary of State shall inform the governments

of non-nuclear weapon states and, as feasible, the organizations

operating nuclear powerplants in such states, that the United

States is prepared to cooperate with and provide technical

assistance to non-nuclear weapon states in the fields of spent fuel

storage and disposal, as set forth in the joint notice. The

Secretary of State shall also solicit expressions of interest from

non-nuclear weapon state governments and non-nuclear weapon state

nuclear power reactor operators concerning their participation in

expanded United States cooperation and technical assistance

programs in these fields. The Secretary of State shall transmit any

such expressions of interest to the Department and the Commission.

(d) Funding requests

With his budget presentation materials for the Department and the

Commission for fiscal years 1984 through 1989, the President shall

include funding requests for an expanded program of cooperation and

technical assistance with non-nuclear weapon states in the fields

of spent fuel storage and disposal as appropriate in light of

expressions of interest in such cooperation and assistance on the

part of non-nuclear weapon state governments and non-nuclear weapon

state nuclear power reactor operators.

(e) "Non-nuclear weapon state" defined

For the purposes of this subsection,(!1) the term "non-nuclear

weapon state" shall have the same meaning as that set forth in

article IX of the Treaty on the Non-Proliferation of Nuclear

Weapons (21 U.S.C.(!2) 438).

(f) Unauthorized actions

Nothing in this subsection (!1) shall authorize the Department or

the Commission to take any action not authorized under existing

law.

-SOURCE-

(Pub. L. 97-425, title II, Sec. 223, Jan. 7, 1983, 96 Stat. 2254.)

-REFTEXT-

REFERENCES IN TEXT

The Treaty on the Non-Proliferation of Nuclear Weapons, referred

to in subsec. (e), is set out in 21 UST 483; TIAS 6839.

-FOOTNOTE-

(!1) So in original. Probably should be "section".

(!2) So in original. Probably should be "UST".

-End-

-CITE-

42 USC Sec. 10204 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER II - RESEARCH, DEVELOPMENT, AND DEMONSTRATION REGARDING

DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE AND

SPENT NUCLEAR FUEL

-HEAD-

Sec. 10204. Subseabed disposal

-STATUTE-

(a) Repealed. Pub. L. 104-66, title I, Sec. 1051(d), Dec. 21, 1995,

109 Stat. 716

(b) Office of Subseabed Disposal Research

(1) There is hereby established an Office of Subseabed Disposal

Research within the Office of Science of the Department of Energy.

The Office shall be headed by the Director, who shall be a member

of the Senior Executive Service appointed by the Director of the

Office of Science, and compensated at a rate determined by

applicable law.

(2) The Director of the Office of Subseabed Disposal Research

shall be responsible for carrying out research, development, and

demonstration activities on all aspects of subseabed disposal of

high-level radioactive waste and spent nuclear fuel, subject to the

general supervision of the Secretary. The Director of the Office

shall be directly responsible to the Director of the Office of

Science, and the first such Director shall be appointed within 30

days of December 22, 1987.

(3) In carrying out his responsibilities under this chapter, the

Secretary may make grants to, or enter into contracts with, the

Subseabed Consortium described in subsection (d) of this section,

and other persons.

(4)(A) Within 60 days of December 22, 1987, the Secretary shall

establish a university-based Subseabed Consortium involving leading

oceanographic universities and institutions, national laboratories,

and other organizations to investigate the technical and

institutional feasibility of subseabed disposal.

(B) The Subseabed Consortium shall develop a research plan and

budget to achieve the following objectives by 1995:

(i) demonstrate the capacity to identify and characterize

potential subseabed disposal sites;

(ii) develop conceptual designs for a subseabed disposal

system, including estimated costs and institutional requirements;

and

(iii) identify and assess the potential impacts of subseabed

disposal on the human and marine environment.

report to Congress on the progress being made in achieving the

objectives of paragraph (2).

-SOURCE-

(Pub. L. 97-425, title II, Sec. 224, as added Pub. L. 100-202, Sec.

101(d) [title III], Dec. 22, 1987, 101 Stat. 1329-104, 1329-121;

Pub. L. 100-203, title V, Sec. 5063, Dec. 22, 1987, 101 Stat.

1330-253; amended Pub. L. 104-66, title I, Sec. 1051(d), Dec. 21,

1995, 109 Stat. 716; Pub. L. 105-245, title III, Sec. 309(b)(2)(E),

Oct. 7, 1998, 112 Stat. 1853.)

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-MISC1-

AMENDMENTS

1998 - Subsec. (b)(1). Pub. L. 105-245 which directed the

substitution of "Science" for "Energy Research", was executed by

making the substitution in two places to reflect the probable

intent of Congress.

Subsec. (b)(2). Pub. L. 105-245 substituted "Office of Science"

for "Office of Energy Research".

1995 - Subsec. (a). Pub. L. 104-66 struck out subsec. (a) which

required Secretary of Energy to report to Congress on subseabed

disposal of spent nuclear fuel and high-level radioactive waste.

Subsec. (b)(5). Pub. L. 104-66 struck out par. (5) which read as

follows: "The Director of the Office of Subseabed Disposal Research

shall annually prepare and submit a report to the Congress on the

activities and expenditures of the Office."

-End-

-CITE-

42 USC SUBCHAPTER III - OTHER PROVISIONS RELATING TO

RADIOACTIVE WASTE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER III - OTHER PROVISIONS RELATING TO RADIOACTIVE WASTE

-HEAD-

SUBCHAPTER III - OTHER PROVISIONS RELATING TO RADIOACTIVE WASTE

-End-

-CITE-

42 USC Sec. 10221 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER III - OTHER PROVISIONS RELATING TO RADIOACTIVE WASTE

-HEAD-

Sec. 10221. Mission plan

-STATUTE-

(a) Contents of mission plan

The Secretary shall prepare a comprehensive report, to be known

as the mission plan, which shall provide an informational basis

sufficient to permit informed decisions to be made in carrying out

the repository program and the research, development, and

demonstration programs required under this chapter. The mission

plan shall include -

(1) an identification of the primary scientific, engineering,

and technical information, including any necessary demonstration

of engineering or systems integration, with respect to the siting

and construction of a test and evaluation facility and

repositories;

(2) an identification of any information described in paragraph

(1) that is not available because of any unresolved scientific,

engineering, or technical questions, or undemonstrated

engineering or systems integration, a schedule including specific

major milestones for the research, development, and technology

demonstration program required under this chapter and any

additional activities to be undertaken to provide such

information, a schedule for the activities necessary to achieve

important programmatic milestones, and an estimate of the costs

required to carry out such research, development, and

demonstration programs;

(3) an evaluation of financial, political, legal, or

institutional problems that may impede the implementation of this

chapter, the plans of the Secretary to resolve such problems, and

recommendations for any necessary legislation to resolve such

problems;

(4) any comments of the Secretary with respect to the purpose

and program of the test and evaluation facility;

(5) a discussion of the significant results of research and

development programs conducted and the implications for each of

the different geologic media under consideration for the siting

of repositories, and, on the basis of such information, a

comparison of the advantages and disadvantages associated with

the use of such media for repository sites;

(6) the guidelines issued under section 10132(a) of this title;

(7) a description of known sites at which site characterization

activities should be undertaken, a description of such siting

characterization activities, including the extent of planned

excavations, plans for onsite testing with radioactive or

nonradioactive material, plans for any investigations activities

which may affect the capability of any such site to isolate

high-level radioactive waste or spent nuclear fuel, plans to

control any adverse, safety-related impacts from such site

characterization activities, and plans for the decontamination

and decommissioning of such site if it is determined unsuitable

for licensing as a repository;

(8) an identification of the process for solidifying high-level

radioactive waste or packaging spent nuclear fuel, including a

summary and analysis of the data to support the selection of the

solidification process and packaging techniques, an analysis of

the requirements for the number of solidification packaging

facilities needed, a description of the state of the art for the

materials proposed to be used in packaging such waste or spent

fuel and the availability of such materials including impacts on

strategic supplies and any requirements for new or reactivated

facilities to produce any such materials needed, and a

description of a plan, and the schedule for implementing such

plan, for an aggressive research and development program to

provide when needed a high-integrity disposal package at a

reasonable price;

(9) an estimate of (A) the total repository capacity required

to safely accommodate the disposal of all high-level radioactive

waste and spent nuclear fuel expected to be generated through

December 31, 2020, in the event that no commercial reprocessing

of spent nuclear fuel occurs, as well as the repository capacity

that will be required if such reprocessing does occur; (B) the

number and type of repositories required to be constructed to

provide such disposal capacity; (C) a schedule for the

construction of such repositories; and (D) an estimate of the

period during which each repository listed in such schedule will

be accepting high-level radioactive waste or spent nuclear fuel

for disposal;

(10) an estimate, on an annual basis, of the costs required (A)

to construct and operate the repositories anticipated to be

needed under paragraph (9) based on each of the assumptions

referred to in such paragraph; (B) to construct and operate a

test and evaluation facility, or any other facilities, other than

repositories described in subparagraph (A), determined to be

necessary; and (C) to carry out any other activities under this

chapter; and

(11) an identification of the possible adverse economic and

other impacts to the State or Indian tribe involved that may

arise from the development of a test and evaluation facility or

repository at a site.

(b) Submission of mission plan

(1) Not later than 15 months after January 7, 1983, the Secretary

shall submit a draft mission plan to the States, the affected

Indian tribes, the Commission, and other Government agencies as the

Secretary deems appropriate for their comments.

(2) In preparing any comments on the mission plan, such agencies

shall specify with precision any objections that they may have.

Upon submission of the mission plan to such agencies, the Secretary

shall publish a notice in the Federal Register of the submission of

the mission plan and of its availability for public inspection,

and, upon receipt of any comments of such agencies respecting the

mission plan, the Secretary shall publish a notice in the Federal

comments for public inspection. If the Secretary does not revise

the mission plan to meet objections specified in such comments, the

Secretary shall publish in the Federal Register a detailed

statement for not so revising the mission plan.

(3) The Secretary, after reviewing any other comments made by

such agencies and revising the mission plan to the extent that the

Secretary may consider to be appropriate, shall submit the mission

plan to the appropriate committees of the Congress not later than

17 months after January 7, 1983. The mission plan shall be used by

the Secretary at the end of the first period of 30 calendar days

(not including any day on which either House of Congress is not in

session because of adjournment of more than 3 calendar days to a

day certain) following receipt of the mission plan by the Congress.

-SOURCE-

(Pub. L. 97-425, title III, Sec. 301, Jan. 7, 1983, 96 Stat. 2255.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10196, 10197 of this

title.

-End-

-CITE-

42 USC Sec. 10222 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER III - OTHER PROVISIONS RELATING TO RADIOACTIVE WASTE

-HEAD-

Sec. 10222. Nuclear Waste Fund

-STATUTE-

(a) Contracts

(1) In the performance of his functions under this chapter, the

Secretary is authorized to enter into contracts with any person who

generates or holds title to high-level radioactive waste, or spent

nuclear fuel, of domestic origin for the acceptance of title,

subsequent transportation, and disposal of such waste or spent

fuel. Such contracts shall provide for payment to the Secretary of

fees pursuant to paragraphs (2) and (3) sufficient to offset

expenditures described in subsection (d) of this section.

(2) For electricity generated by a civilian nuclear power reactor

and sold on or after the date 90 days after January 7, 1983, the

fee under paragraph (1) shall be equal to 1.0 mil per

kilowatt-hour.

(3) For spent nuclear fuel, or solidified high-level radioactive

waste derived from spent nuclear fuel, which fuel was used to

generate electricity in a civilian nuclear power reactor prior to

the application of the fee under paragraph (2) to such reactor, the

Secretary shall, not later than 90 days after January 7, 1983,

establish a 1 time fee per kilogram of heavy metal in spent nuclear

fuel, or in solidified high-level radioactive waste. Such fee shall

be in an amount equivalent to an average charge of 1.0 mil per

kilowatt-hour for electricity generated by such spent nuclear fuel,

or such solidified high-level waste derived therefrom, to be

collected from any person delivering such spent nuclear fuel or

high-level waste, pursuant to section 10143 of this title, to the

Federal Government. Such fee shall be paid to the Treasury of the

United States and shall be deposited in the separate fund

established by subsection (c) of this section.(!1) In paying such a

fee, the person delivering spent fuel, or solidified high-level

radioactive wastes derived therefrom, to the Federal Government

shall have no further financial obligation to the Federal

Government for the long-term storage and permanent disposal of such

spent fuel, or the solidified high-level radioactive waste derived

therefrom.

(4) Not later than 180 days after January 7, 1983, the Secretary

shall establish procedures for the collection and payment of the

fees established by paragraph (2) and paragraph (3). The Secretary

shall annually review the amount of the fees established by

paragraphs (2) and (3) above to evaluate whether collection of the

fee will provide sufficient revenues to offset the costs as defined

in subsection (d) of this section. In the event the Secretary

determines that either insufficient or excess revenues are being

collected, in order to recover the costs incurred by the Federal

Government that are specified in subsection (d) of this section,

the Secretary shall propose an adjustment to the fee to insure full

cost recovery. The Secretary shall immediately transmit this

proposal for such an adjustment to Congress. The adjusted fee

proposed by the Secretary shall be effective after a period of 90

days of continuous session have elapsed following the receipt of

such transmittal unless during such 90-day period either House of

Congress adopts a resolution disapproving the Secretary's proposed

adjustment in accordance with the procedures set forth for

congressional review of an energy action under section 6421 of this

title.

(5) Contracts entered into under this section shall provide that

(A) following commencement of operation of a repository, the

Secretary shall take title to the high-level radioactive waste or

spent nuclear fuel involved as expeditiously as practicable upon

the request of the generator or owner of such waste or spent

fuel; and

(B) in return for the payment of fees established by this

section, the Secretary, beginning not later than January 31,

1998, will dispose of the high-level radioactive waste or spent

nuclear fuel involved as provided in this subchapter.(!1)

(6) The Secretary shall establish in writing criteria setting

forth the terms and conditions under which such disposal services

shall be made available.

(b) Advance contracting requirement

(1)(A) The Commission shall not issue or renew a license to any

person to use a utilization or production facility under the

authority of section 2133 or 2134 of this title unless -

(i) such person has entered into a contract with the Secretary

under this section; or

(ii) the Secretary affirms in writing that such person is

actively and in good faith negotiating with the Secretary for a

contract under this section.

(B) The Commission, as it deems necessary or appropriate, may

require as a precondition to the issuance or renewal of a license

under section 2133 or 2134 of this title that the applicant for

such license shall have entered into an agreement with the

Secretary for the disposal of high-level radioactive waste and

spent nuclear fuel that may result from the use of such license.

(2) Except as provided in paragraph (1), no spent nuclear fuel or

high-level radioactive waste generated or owned by any person

(other than a department of the United States referred to in

section 101 or 102 of title 5) may be disposed of by the Secretary

in any repository constructed under this chapter unless the

generator or owner of such spent fuel or waste has entered into a

contract with the Secretary under this section by not later than -

(A) June 30, 1983; or

(B) the date on which such generator or owner commences

generation of, or takes title to, such spent fuel or waste;

whichever occurs later.

(3) The rights and duties of a party to a contract entered into

under this section may be assignable with transfer of title to the

spent nuclear fuel or high-level radioactive waste involved.

(4) No high-level radioactive waste or spent nuclear fuel

generated or owned by any department of the United States referred

to in section 101 or 102 of title 5 may be disposed of by the

Secretary in any repository constructed under this chapter unless

such department transfers to the Secretary, for deposit in the

Nuclear Waste Fund, amounts equivalent to the fees that would be

paid to the Secretary under the contracts referred to in this

section if such waste or spent fuel were generated by any other

person.

There hereby is established in the Treasury of the United States

a separate fund, to be known as the Nuclear Waste Fund. The Waste

Fund shall consist of -

(1) all receipts, proceeds, and recoveries realized by the

Secretary under subsections (a), (b), and (e) of this section,

which shall be deposited in the Waste Fund immediately upon their

realization;

(2) any appropriations made by the Congress to the Waste Fund;

and

(3) any unexpended balances available on January 7, 1983, for

functions or activities necessary or incident to the disposal of

civilian high-level radioactive waste or civilian spent nuclear

fuel, which shall automatically be transferred to the Waste Fund

on such date.

(d) Use of Waste Fund

The Secretary may make expenditures from the Waste Fund, subject

to subsection (e) of this section, only for purposes of radioactive

waste disposal activities under subchapters I and II of this

chapter, including -

(1) the identification, development, licensing, construction,

operation, decommissioning, and post-decommissioning maintenance

and monitoring of any repository, monitored,(!2) retrievable

storage facility (!3) or test and evaluation facility constructed

under this chapter;

(2) the conducting of nongeneric research, development, and

demonstration activities under this chapter;

(3) the administrative cost of the radioactive waste disposal

program;

(4) any costs that may be incurred by the Secretary in

connection with the transportation, treating, or packaging of

spent nuclear fuel or high-level radioactive waste to be disposed

of in a repository, to be stored in a monitored,(!2) retrievable

storage site (!3) or to be used in a test and evaluation

facility;

(5) the costs associated with acquisition, design,

modification, replacement, operation, and construction of

facilities at a repository site, a monitored,(!2) retrievable

storage site (!3) or a test and evaluation facility site and

necessary or incident to such repository, monitored,(!2)

retrievable storage facility (!3) or test and evaluation

facility; and

(6) the provision of assistance to States, units of general

local government, and Indian tribes under sections 10136, 10138,

and 10199 of this title.

No amount may be expended by the Secretary under this subchapter

(!4) for the construction or expansion of any facility unless such

construction or expansion is expressly authorized by this or

subsequent legislation. The Secretary hereby is authorized to

construct one repository and one test and evaluation facility.

(e) Administration of Waste Fund

(1) The Secretary of the Treasury shall hold the Waste Fund and,

after consultation with the Secretary, annually report to the

Congress on the financial condition and operations of the Waste

Fund during the preceding fiscal year.

(2) The Secretary shall submit the budget of the Waste Fund to

the Office of Management and Budget triennially along with the

budget of the Department of Energy submitted at such time in

accordance with chapter 11 of title 31. The budget of the Waste

Fund shall consist of the estimates made by the Secretary of

expenditures from the Waste Fund and other relevant financial

matters for the succeeding 3 fiscal years, and shall be included in

the Budget of the United States Government. The Secretary may make

expenditures from the Waste Fund, subject to appropriations which

shall remain available until expended. Appropriations shall be

subject to triennial authorization.

(3) If the Secretary determines that the Waste Fund contains at

any time amounts in excess of current needs, the Secretary may

request the Secretary of the Treasury to invest such amounts, or

any portion of such amounts as the Secretary determines to be

appropriate, in obligations of the United States -

(A) having maturities determined by the Secretary of the

Treasury to be appropriate to the needs of the Waste Fund; and

(B) bearing interest at rates determined to be appropriate by

the Secretary of the Treasury, taking into consideration the

current average market yield on outstanding marketable

obligations of the United States with remaining periods to

maturity comparable to the maturities of such investments, except

that the interest rate on such investments shall not exceed the

average interest rate applicable to existing borrowings.

(4) Receipts, proceeds, and recoveries realized by the Secretary

under this section, and expenditures of amounts from the Waste

Fund, shall be exempt from annual apportionment under the

provisions of subchapter II of chapter 15 of title 31.

(5) If at any time the moneys available in the Waste Fund are

insufficient to enable the Secretary to discharge his

responsibilities under this subchapter,(!5) the Secretary shall

issue to the Secretary of the Treasury obligations in such forms

and denominations, bearing such maturities, and subject to such

terms and conditions as may be agreed to by the Secretary and the

Secretary of the Treasury. The total of such obligations shall not

exceed amounts provided in appropriation Acts. Redemption of such

obligations shall be made by the Secretary from moneys available in

the Waste Fund. Such obligations shall bear interest at a rate

determined by the Secretary of the Treasury, which shall be not

less than a rate determined by taking into consideration the

average market yield on outstanding marketable obligations of the

United States of comparable maturities during the month preceding

the issuance of the obligations under this paragraph. The Secretary

of the Treasury shall purchase any issued obligations, and for such

purpose the Secretary of the Treasury is authorized to use as a

public debt transaction the proceeds from the sale of any

securities issued under chapter 31 of title 31, and the purposes

for which securities may be issued under such Act (!5) are extended

to include any purchase of such obligations. The Secretary of the

Treasury may at any time sell any of the obligations acquired by

him under this paragraph. All redemptions, purchases, and sales by

the Secretary of the Treasury of obligations under this paragraph

shall be treated as public debt transactions of the United States.

(6) Any appropriations made available to the Waste Fund for any

purpose described in subsection (d) of this section shall be repaid

into the general fund of the Treasury, together with interest from

the date of availability of the appropriations until the date of

repayment. Such interest shall be paid on the cumulative amount of

appropriations available to the Waste Fund, less the average

undisbursed cash balance in the Waste Fund account during the

fiscal year involved. The rate of such interest shall be determined

by the Secretary of the Treasury taking into consideration the

average market yield during the month preceding each fiscal year on

outstanding marketable obligations of the United States of

comparable maturity. Interest payments may be deferred with the

approval of the Secretary of the Treasury, but any interest

payments so deferred shall themselves bear interest.

-SOURCE-

(Pub. L. 97-425, title III, Sec. 302, Jan. 7, 1983, 96 Stat. 2257.)

-REFTEXT-

REFERENCES IN TEXT

Subsection (c) of this section, referred to in subsec. (a)(3),

was in the original "subsection (c) 126(b)" and was translated as

subsection (c) of this section as the probable intent of Congress

in view of the establishment of the Nuclear Waste Fund by subsec.

97-425.

This subchapter, referred to in subsecs. (a)(5)(B), (d), and

(e)(5), was in the original "this subtitle", and was translated as

this subchapter to reflect the probable intent of Congress because

title III of Pub. L. 97-425, which enacted this subchapter, does

not contain subtitles.

Such Act, referred to in subsec. (e)(5), probably means chapter

31 of Title 31, Money and Finance.

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(e)(1) of this section relating to annual report to Congress, see

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance, and the 4th item on

page 143 of House Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2210, 2214, 10101, 10107,

10138, 10161, 10193, 10194, 10251, 10269 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. The comma probably should not appear.

(!3) So in original. Probably should be followed by a comma.

(!4) See References in Text note below.

(!5) See References in Text note below.

-End-

-CITE-

42 USC Sec. 10223 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER III - OTHER PROVISIONS RELATING TO RADIOACTIVE WASTE

-HEAD-

Sec. 10223. Alternative means of financing

-STATUTE-

The Secretary shall undertake a study with respect to alternative

approaches to managing the construction and operation of all

civilian radioactive waste management facilities, including the

feasibility of establishing a private corporation for such

purposes. In conducting such study, the Secretary shall consult

with the Director of the Office of Management and Budget, the

Chairman of the Commission, and such other Federal agency

representatives as may be appropriate. Such study shall be

completed, and a report containing the results of such study shall

be submitted to the Congress, within 1 year after January 7, 1983.

-SOURCE-

(Pub. L. 97-425, title III, Sec. 303, Jan. 7, 1983, 96 Stat. 2261.)

-End-

-CITE-

42 USC Sec. 10224 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER III - OTHER PROVISIONS RELATING TO RADIOACTIVE WASTE

-HEAD-

Sec. 10224. Office of Civilian Radioactive Waste Management

-STATUTE-

(a) Establishment

There hereby is established within the Department of Energy an

Office of Civilian Radioactive Waste Management. The Office shall

be headed by a Director, who shall be appointed by the President,

by and with the advice and consent of the Senate, and who shall be

compensated at the rate payable for level IV of the Executive

Schedule under section 5315 of title 5.

(b) Functions of Director

The Director of the Office shall be responsible for carrying out

the functions of the Secretary under this chapter, subject to the

general supervision of the Secretary. The Director of the Office

shall be directly responsible to the Secretary.

The Director of the Office shall annually prepare and submit to

the Congress a comprehensive report on the activities and

expenditures of the Office.

(d) Audit by GAO

If requested by either House of the Congress (or any committee

thereof) or if considered necessary by the Comptroller General, the

General Accounting Office shall conduct an audit of the Office, in

accord with such regulations as the Comptroller General may

prescribe. The Comptroller General shall have access to such books,

records, accounts, and other materials of the Office as the

Comptroller General determines to be necessary for the preparation

of such audit. The Comptroller General shall submit a report on the

results of each audit conducted under this section.

-SOURCE-

(Pub. L. 97-425, title III, Sec. 304, Jan. 7, 1983, 96 Stat. 2261;

Pub. L. 104-66, title I, Sec. 1052(l), Dec. 21, 1995, 109 Stat.

719.)

-MISC1-

AMENDMENTS

1995 - Subsec. (d). Pub. L. 104-66 amended heading and text of

subsec. (d) generally. Prior to amendment, text read as follows:

"The Comptroller General of the United States shall annually make

an audit of the Office, in accordance with such regulations as the

Comptroller General may prescribe. The Comptroller General shall

have access to such books, records, accounts, and other materials

of the Office as the Comptroller General determines to be necessary

for the preparation of such audit. The Comptroller General shall

submit to the Congress a report on the results of each audit

conducted under this section."

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

Congress, see section 3003 of Pub. L. 104-66, as amended, set out

as a note under section 1113 of Title 31, Money and Finance, and

the 13th item on page 91 of House Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7267, 10101 of this

title.

-End-

-CITE-

42 USC Sec. 10225 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER III - OTHER PROVISIONS RELATING TO RADIOACTIVE WASTE

-HEAD-

Sec. 10225. Location of test and evaluation facility

-STATUTE-

(a) Report to Congress

Not later than 1 year after January 7, 1983, the Secretary shall

transmit to the Congress a report setting forth whether the

Secretary plans to locate the test and evaluation facility at the

site of a repository.

(b) Procedures

(1) If the test and evaluation facility is to be located at any

candidate site or repository site (A) site selection and

development of such facility shall be conducted in accordance with

the procedures and requirements established in subchapter I of this

chapter with respect to the site selection and development of

repositories; and (B) the Secretary may not commence construction

of any surface facility for such test and evaluation facility prior

to issuance by the Commission of a construction authorization for a

repository at the site involved.

(2) No test and evaluation facility may be converted into a

repository unless site selection and development of such facility

was conducted in accordance with the procedures and requirements

established in subchapter I of this chapter with respect to the

site selection and development of respositories.(!1)

(3) The Secretary may not commence construction of a test and

evaluation facility at a candidate site or site recommended as the

location for a repository prior to the date on which the

designation of such site is effective under section 10135 of this

title.

-SOURCE-

(Pub. L. 97-425, title III, Sec. 305, Jan. 7, 1983, 96 Stat. 2262.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10132, 10197 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be "repositories."

-End-

-CITE-

42 USC Sec. 10226 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER III - OTHER PROVISIONS RELATING TO RADIOACTIVE WASTE

-HEAD-

Sec. 10226. Nuclear Regulatory Commission training authorization

-STATUTE-

The Nuclear Regulatory Commission is authorized and directed to

promulgate regulations, or other appropriate Commission regulatory

guidance, for the training and qualifications of civilian nuclear

powerplant operators, supervisors, technicians and other

appropriate operating personnel. Such regulations or guidance shall

establish simulator training requirements for applicants for

civilian nuclear powerplant operator licenses and for operator

requalification programs; requirements governing NRC administration

of requalification examinations; requirements for operating tests

at civilian nuclear powerplant simulators, and instructional

requirements for civilian nuclear powerplant licensee personnel

training programs. Such regulations or other regulatory guidance

shall be promulgated by the Commission within the 12-month period

following January 7, 1983, and the Commission within the 12-month

period following January 7, 1983, shall submit a report to Congress

setting forth the actions the Commission has taken with respect to

fulfilling its obligations under this section.

-SOURCE-

(Pub. L. 97-425, title III, Sec. 306, Jan. 7, 1983, 96 Stat. 2262.)

-End-

-CITE-

42 USC SUBCHAPTER IV - NUCLEAR WASTE NEGOTIATOR 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER IV - NUCLEAR WASTE NEGOTIATOR

-HEAD-

SUBCHAPTER IV - NUCLEAR WASTE NEGOTIATOR

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 10101, 10136 of this

title.

-End-

-CITE-

42 USC Sec. 10241 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER IV - NUCLEAR WASTE NEGOTIATOR

-HEAD-

Sec. 10241. "State" defined

-STATUTE-

For purposes of this subchapter, the term "State" means each of

the several States and the District of Columbia.

-SOURCE-

(Pub. L. 97-425, title IV, Sec. 401, as added Pub. L. 100-202, Sec.

101(d) [title III], Dec. 22, 1987, 101 Stat. 1329-104, 1329-121;

Pub. L. 100-203, title V, Sec. 5041, Dec. 22, 1987, 101 Stat.

1330-243; amended Pub. L. 102-486, title VIII, Sec. 802(b), Oct.

24, 1992, 106 Stat. 2923.)

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-486 substituted "several States and the

District of Columbia." for "several States, the District of

Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,

Guam, American Samoa, the Northern Mariana Islands, the Trust

Territory of the Pacific Islands, any other territory or possession

of the United States, and the Republic of the Marshall Islands."

-End-

-CITE-

42 USC Sec. 10242 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER IV - NUCLEAR WASTE NEGOTIATOR

-HEAD-

Sec. 10242. Office of Nuclear Waste Negotiator

-STATUTE-

(a) Establishment

There is established the Office of the Nuclear Waste Negotiator

that shall be an independent establishment in the executive branch.

(b) Nuclear Waste Negotiator

(1) The Office shall be headed by a Nuclear Waste Negotiator who

shall be appointed by the President, by and with the advice and

consent of the Senate. The Negotiator shall hold office at the

pleasure of the President, and shall be compensated at the rate

provided for level III of the Executive Schedule in section 5314 of

title 5.

(2) The Negotiator shall attempt to find a State or Indian tribe

willing to host a repository or monitored retrievable storage

facility at a technically qualified site on reasonable terms and

shall negotiate with any State or Indian tribe which expresses an

interest in hosting a repository or monitored retrievable storage

facility.

-SOURCE-

(Pub. L. 97-425, title IV, Sec. 402, as added Pub. L. 100-202, Sec.

101(d) [title III], Dec. 22, 1987, 101 Stat. 1329-104, 1329-121;

Pub. L. 100-203, title V, Sec. 5041, Dec. 22, 1987, 101 Stat.

1330-243; amended Pub. L. 100-507, Sec. 1, Oct. 18, 1988, 102 Stat.

2541.)

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-MISC1-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-507 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: "There

is established within the Executive Office of the President the

Office of the Nuclear Waste Negotiator."

-End-

-CITE-

42 USC Sec. 10243 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER IV - NUCLEAR WASTE NEGOTIATOR

-HEAD-

Sec. 10243. Duties of Negotiator

-STATUTE-

(a) Negotiations with potential hosts

(1) The Negotiator shall -

(A) seek to enter into negotiations on behalf of the United

States, with -

(i) the Governor of any State in which a potential site is

located; and

(ii) the governing body of any Indian tribe on whose

reservation a potential site is located; and

(B) attempt to reach a proposed agreement between the United

States and any such State or Indian tribe specifying the terms

and conditions under which such State or tribe would agree to

host a repository or monitored retrievable storage facility

within such State or reservation.

(2) In any case in which State law authorizes any person or

entity other than the Governor to negotiate a proposed agreement

under this section on behalf of the State, any reference in this

subchapter to the Governor shall be considered to refer instead to

such other person or entity.

(b) Consultation with affected States, subdivisions of States, and

tribes

In addition to entering into negotiations under subsection (a) of

this section, the Negotiator shall consult with any State, affected

unit of local government, or any Indian tribe that the Negotiator

determines may be affected by the siting of a repository or

monitored retrievable storage facility and may include in any

proposed agreement such terms and conditions relating to the

interest of such States, affected units of local government, or

Indian tribes as the Negotiator determines to be reasonable and

appropriate.

The Negotiator may solicit and consider the comments of the

Secretary, the Nuclear Regulatory Commission, or any other Federal

agency on the suitability of any potential site for site

characterization. Nothing in this subsection shall be construed to

require the Secretary, the Nuclear Regulatory Commission, or any

other Federal agency to make a finding that any such site is

suitable for site characterization.

(d) Proposed agreement

(1) The Negotiator shall submit to the Congress any proposed

agreement between the United States and a State or Indian tribe

negotiated under subsection (a) of this section and an

environmental assessment prepared under section 10244(a) of this

title for the site concerned.

(2) Any such proposed agreement shall contain such terms and

conditions (including such financial and institutional

arrangements) as the Negotiator and the host State or Indian tribe

determine to be reasonable and appropriate and shall contain such

provisions as are necessary to preserve any right to participation

or compensation of such State, affected unit of local government,

or Indian tribe under sections 10136(c), 10137, and 10138(b) of

this title.

(3)(A) No proposed agreement entered into under this section

shall have legal effect unless enacted into Federal law.

(B) A State or Indian tribe shall enter into an agreement under

this section in accordance with the laws of such State or tribe.

Nothing in this section may be construed to prohibit the

disapproval of a proposed agreement between a State and the United

States under this section by a referendum or an act of the

legislature of such State.

(4) Notwithstanding any proposed agreement under this section,

the Secretary may construct a repository or monitored retrievable

storage facility at a site agreed to under this subchapter only if

authorized by the Nuclear Regulatory Commission in accordance with

the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.], title II of

the Energy Reorganization Act of 1982 (42 U.S.C. 5841 et seq.) and

any other law applicable to authorization of such construction.

-SOURCE-

(Pub. L. 97-425, title IV, Sec. 403, as added Pub. L. 100-202, Sec.

101(d) [title III], Dec. 22, 1987, 101 Stat. 1329-104, 1329-121;

Pub. L. 100-203, title V, Sec. 5041, Dec. 22, 1987, 101 Stat.

1330-244.)

-REFTEXT-

REFERENCES IN TEXT

The Atomic Energy Act of 1954, referred to in subsec. (d)(4), is

act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073,

Sec. 1, 68 Stat. 921, and amended, which is classified generally to

chapter 23 (Sec. 2011 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 2011 of this title and Tables.

The Energy Reorganization Act of 1982, referred to in subsec.

(d)(4), probably means the Energy Reorganization Act of 1974, Pub.

L. 93-438, Oct. 11, 1974, 88 Stat. 1233, as amended. Title II of

the Energy Reorganization Act of 1974 is classified generally to

subchapter II (Sec. 5841 et seq.) of chapter 73 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 5801 of this title and Tables.

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10244, 10245, 10246 of

this title.

-End-

-CITE-

42 USC Sec. 10244 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER IV - NUCLEAR WASTE NEGOTIATOR

-HEAD-

Sec. 10244. Environmental assessment of sites

-STATUTE-

(a) In general

Upon the request of the Negotiator, the Secretary shall prepare

an environmental assessment of any site that is the subject of

negotiations under section 10243(a) of this title.

(b) Contents

(1) Each environmental assessment prepared for a repository site

shall include a detailed statement of the probable impacts of

characterizing such site and the construction and operation of a

repository at such site.

(2) Each environmental assessment prepared for a monitored

retrievable storage facility site shall include a detailed

statement of the probable impacts of construction and operation of

such a facility at such site.

The issuance of an environmental assessment under subsection (a)

of this section shall be considered to be a final agency action

subject to judicial review in accordance with the provisions of

chapter 7 of title 5 and section 10139 of this title.

(d) Public hearings

(1) In preparing an environmental assessment for any repository

or monitored retrievable storage facility site, the Secretary shall

hold public hearings in the vicinity of such site to inform the

residents of the area in which such site is located that such site

is being considered and to receive their comments.

(2) At such hearings, the Secretary shall solicit and receive any

recommendations of such residents with respect to issues that

should be addressed in the environmental assessment required under

subsection (a) of this section and the site characterization plan

described in section 10133(b)(1) of this title.

(e) Public availability

Each environmental assessment prepared under subsection (a) of

this section shall be made available to the public.

(f) Evaluation of sites

(1) In preparing an environmental assessment under subsection (a)

of this section, the Secretary shall use available geophysical,

geologic, geochemical and hydrologic, and other information and

shall not conduct any preliminary borings or excavations at any

site that is the subject of such assessment unless -

(A) such preliminary boring or excavation activities were in

progress on or before December 22, 1987; or

(B) the Secretary certifies that, in the absence of preliminary

borings or excavations, adequate information will not be

available to satisfy the requirements of this chapter or any

other law.

(2) No preliminary boring or excavation conducted under this

section shall exceed a diameter of 40 inches.

-SOURCE-

(Pub. L. 97-425, title IV, Sec. 404, as added Pub. L. 100-202, Sec.

101(d) [title III], Dec. 22, 1987, 101 Stat. 1329-104, 1329-121;

Pub. L. 100-203, title V, Sec. 5041, Dec. 22, 1987, 101 Stat.

1330-245.)

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10243 of this title.

-End-

-CITE-

42 USC Sec. 10245 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER IV - NUCLEAR WASTE NEGOTIATOR

-HEAD-

Sec. 10245. Site characterization; licensing

-STATUTE-

(a) Site characterization

Upon enactment of legislation to implement an agreement to site a

repository negotiated under section 10243(a) of this title, the

Secretary shall conduct appropriate site characterization

activities for the site that is the subject of such agreement

subject to the conditions and terms of such agreement. Any such

site characterization activities shall be conducted in accordance

with section 10133 of this title, except that references in such

section to the Yucca Mountain site and the State of Nevada shall be

deemed to refer to the site that is the subject of the agreement

and the State or Indian tribe entering into the agreement.

(b) Licensing

(1) Upon the completion of site characterization activities

carried out under subsection (a) of this section, the Secretary

shall submit to the Nuclear Regulatory Commission an application

for construction authorization for a repository at such site.

(2) The Nuclear Regulatory Commission shall consider an

application for a construction authorization for a repository or

monitored retrievable storage facility in accordance with the laws

applicable to such applications, except that the Nuclear Regulatory

Commission shall issue a final decision approving or disapproving

the issuance of a construction authorization not later than 3 years

after the date of the submission of such application.

-SOURCE-

(Pub. L. 97-425, title IV, Sec. 405, as added Pub. L. 100-202, Sec.

101(d) [title III], Dec. 22, 1987, 101 Stat. 1329-104, 1329-121;

Pub. L. 100-203, title V, Sec. 5041, Dec. 22, 1987, 101 Stat.

1330-246.)

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10247 of this title.

-End-

-CITE-

42 USC Sec. 10246 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER IV - NUCLEAR WASTE NEGOTIATOR

-HEAD-

Sec. 10246. Monitored retrievable storage

-STATUTE-

(a) Construction and operation

Upon enactment of legislation to implement an agreement

negotiated under section 10243(a) of this title to site a monitored

retrievable storage facility, the Secretary shall construct and

operate such facility as part of an integrated nuclear waste

management system in accordance with the terms and conditions of

such agreement.

(b) Financial assistance

The Secretary may make grants to any State, Indian tribe, or

affected unit of local government to assess the feasibility of

siting a monitored retrievable storage facility under this section

at a site under the jurisdiction of such State, tribe, or affected

unit of local government.

-SOURCE-

(Pub. L. 97-425, title IV, Sec. 406, as added Pub. L. 100-202, Sec.

101(d) [title III], Dec. 22, 1987, 101 Stat. 1329-104, 1329-121;

Pub. L. 100-203, title V, Sec. 5041, Dec. 22, 1987, 101 Stat.

1330-246.)

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-End-

-CITE-

42 USC Sec. 10247 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER IV - NUCLEAR WASTE NEGOTIATOR

-HEAD-

Sec. 10247. Environmental impact statement

-STATUTE-

(a) In general

Issuance of a construction authorization for a repository or

monitored retrievable storage facility under section 10245(b) of

this title shall be considered a major Federal action significantly

affecting the quality of the human environment for purposes of the

National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(b) Preparation

A final environmental impact statement shall be prepared by the

Secretary under such Act and shall accompany any application to the

Nuclear Regulatory Commission for a construction authorization.

(1) Any such environmental impact statement shall, to the extent

practicable, be adopted by the Nuclear Regulatory Commission, in

accordance with section 1506.3 of title 40, Code of Federal

Regulations, in connection with the issuance by the Nuclear

Regulatory Commission of a construction authorization and license

for such repository or monitored retrievable storage facility.

(2)(A) In any such statement prepared with respect to a

repository to be constructed under this subchapter at the Yucca

Mountain site, the Nuclear Regulatory Commission need not consider

the need for a repository, the time of initial availability of a

repository, alternate sites to the Yucca Mountain site, or

nongeologic alternatives to such site.

(B) In any such statement prepared with respect to a repository

to be constructed under this subchapter at a site other than the

Yucca Mountain site, the Nuclear Regulatory Commission need not

consider the need for a repository, the time of initial

availability of a repository, or nongeologic alternatives to such

site but shall consider the Yucca Mountain site as an alternate to

such site in the preparation of such statement.

-SOURCE-

(Pub. L. 97-425, title IV, Sec. 407, as added Pub. L. 100-202, Sec.

101(d) [title III], Dec. 22, 1987, 101 Stat. 1329-104, 1329-121;

Pub. L. 100-203, title V, Sec. 5041, Dec. 22, 1987, 101 Stat.

1330-246.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

subsecs. (a) and (b), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat.

852, as amended, which is classified generally to chapter 55 (Sec.

4321 et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 4321 of

this title and Tables.

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-End-

-CITE-

42 USC Sec. 10248 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER IV - NUCLEAR WASTE NEGOTIATOR

-HEAD-

Sec. 10248. Administrative powers of Negotiator

-STATUTE-

In carrying out his functions under this subchapter, the

Negotiator may -

(1) appoint such officers and employees as he determines to be

necessary and prescribe their duties;

(2) obtain services as authorized by section 3109 of title 5,

at rates not to exceed the rate prescribed for grade GS-18 of the

General Schedule by section 5332 of title 5;

(3) promulgate such rules and regulations as may be necessary

to carry out such functions;

(4) utilize the services, personnel, and facilities of other

Federal agencies (subject to the consent of the head of any such

agency);

(5) for purposes of performing administrative functions under

this subchapter, and to the extent funds are appropriated, enter

into and perform such contracts, leases, cooperative agreements,

or other transactions as may be necessary and on such terms as

the Negotiator determines to be appropriate, with any agency or

instrumentality of the United States, or with any public or

private person or entity;

(6) accept voluntary and uncompensated services,

notwithstanding the provisions of section 1342 of title 31;

(7) adopt an official seal, which shall be judicially noticed;

(8) use the United States mails in the same manner and under

the same conditions as other departments and agencies of the

United States;

(9) hold such hearings as are necessary to determine the views

of interested parties and the general public; and

(10) appoint advisory committees under the Federal Advisory

Committee Act (5 U.S.C. App.).

-SOURCE-

(Pub. L. 97-425, title IV, Sec. 408, as added Pub. L. 100-202, Sec.

101(d) [title III], Dec. 22, 1987, 101 Stat. 1329-104, 1329-121;

Pub. L. 100-203, title V, Sec. 5041, Dec. 22, 1987, 101 Stat.

1330-247.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in par. (10), is

Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-MISC1-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-End-

-CITE-

42 USC Sec. 10249 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER IV - NUCLEAR WASTE NEGOTIATOR

-HEAD-

Sec. 10249. Cooperation of other departments and agencies

-STATUTE-

Each department, agency, and instrumentality of the United

States, including any independent agency, may furnish the

Negotiator such information as he determines to be necessary to

carry out his functions under this subchapter.

-SOURCE-

(Pub. L. 97-425, title IV, Sec. 409, as added Pub. L. 100-202, Sec.

101(d) [title III], Dec. 22, 1987, 101 Stat. 1329-104, 1329-121;

Pub. L. 100-203, title V, Sec. 5041, Dec. 22, 1987, 101 Stat.

1330-247.)

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-End-

-CITE-

42 USC Sec. 10250 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER IV - NUCLEAR WASTE NEGOTIATOR

-HEAD-

Sec. 10250. Termination of Office

-STATUTE-

The Office shall cease to exist not later than 30 days after the

date 7 years after December 22, 1987.

-SOURCE-

(Pub. L. 97-425, title IV, Sec. 410, as added Pub. L. 100-202, Sec.

101(d) [title III], Dec. 22, 1987, 101 Stat. 1329-104, 1329-121;

Pub. L. 100-203, title V, Sec. 5041, Dec. 22, 1987, 101 Stat.

1330-247; amended Pub. L. 102-486, title VIII, Sec. 802(a), Oct.

24, 1992, 106 Stat. 2923.)

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-486 substituted "7 years" for "5 years".

-End-

-CITE-

42 USC Sec. 10251 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER IV - NUCLEAR WASTE NEGOTIATOR

-HEAD-

Sec. 10251. Authorization of appropriations

-STATUTE-

Notwithstanding subsection (d) of section 10222 of this title,

and subject to subsection (e) of such section, there are authorized

to be appropriated for expenditures from amounts in the Waste Fund

established in subsection (c) of such section, such sums as may be

necessary to carry out the provisions of this subchapter.

-SOURCE-

(Pub. L. 97-425, title IV, Sec. 411, as added Pub. L. 100-202, Sec.

101(d) [title III], Dec. 22, 1987, 101 Stat. 1329-104, 1329-121;

Pub. L. 100-203, title V, Sec. 5041, Dec. 22, 1987, 101 Stat.

1330-248.)

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-End-

-CITE-

42 USC SUBCHAPTER V - NUCLEAR WASTE TECHNICAL REVIEW

BOARD 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER V - NUCLEAR WASTE TECHNICAL REVIEW BOARD

-HEAD-

SUBCHAPTER V - NUCLEAR WASTE TECHNICAL REVIEW BOARD

-End-

-CITE-

42 USC Sec. 10261 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER V - NUCLEAR WASTE TECHNICAL REVIEW BOARD

-HEAD-

Sec. 10261. Definitions

-STATUTE-

As used in this subchapter:

(1) The term "Chairman" means the Chairman of the Nuclear Waste

Technical Review Board.

(2) The term "Board" means the Nuclear Waste Technical Review

Board established under section 10262 of this title.

-SOURCE-

(Pub. L. 97-425, title V, Sec. 501, as added Pub. L. 100-202, Sec.

101(d) [title III], Dec. 22, 1987, 101 Stat. 1329-104, 1329-121;

Pub. L. 100-203, title V, Sec. 5051, Dec. 22, 1987, 101 Stat.

1330-248.)

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-End-

-CITE-

42 USC Sec. 10262 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER V - NUCLEAR WASTE TECHNICAL REVIEW BOARD

-HEAD-

Sec. 10262. Nuclear Waste Technical Review Board

-STATUTE-

(a) Establishment

There is established a Nuclear Waste Technical Review Board that

shall be an independent establishment within the executive branch.

(b) Members

(1) The Board shall consist of 11 members who shall be appointed

by the President not later than 90 days after December 22, 1987,

from among persons nominated by the National Academy of Sciences in

accordance with paragraph (3).

(2) The President shall designate a member of the Board to serve

as chairman.

(3)(A) The National Academy of Sciences shall, not later than 90

days after December 22, 1987, nominate not less than 22 persons for

appointment to the Board from among persons who meet the

qualifications described in subparagraph (C).

(B) The National Academy of Sciences shall nominate not less than

2 persons to fill any vacancy on the Board from among persons who

meet the qualifications described in subparagraph (C).

(C)(i) Each person nominated for appointment to the Board shall

be -

(I) eminent in a field of science or engineering, including

environmental sciences; and

(II) selected solely on the basis of established records of

distinguished service.

(ii) The membership of the Board shall be representative of the

broad range of scientific and engineering disciplines related to

activities under this subchapter.

(iii) No person shall be nominated for appointment to the Board

who is an employee of -

(I) the Department of Energy;

(II) a national laboratory under contract with the Department

of Energy; or

(III) an entity performing high-level radioactive waste or

spent nuclear fuel activities under contract with the Department

of Energy.

(4) Any vacancy on the Board shall be filled by the nomination

and appointment process described in paragraphs (1) and (3).

(5) Members of the Board shall be appointed for terms of 4 years,

each such term to commence 120 days after December 22, 1987, except

that of the 11 members first appointed to the Board, 5 shall serve

for 2 years and 6 shall serve for 4 years, to be designated by the

President at the time of appointment.

-SOURCE-

(Pub. L. 97-425, title V, Sec. 502, as added Pub. L. 100-202, Sec.

101(d) [title III], Dec. 22, 1987, 101 Stat. 1329-104, 1329-121;

Pub. L. 100-203, title V, Sec. 5051, Dec. 22, 1987, 101 Stat.

1330-248.)

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-MISC1-

CONTINUED BOARD SERVICE AFTER EXPIRATION OF TERM

Pub. L. 104-46, title V, Sec. 503, Nov. 13, 1995, 109 Stat. 419,

provided that: "Without fiscal year limitation and notwithstanding

section 502(b)(5) of the Nuclear Waste Policy Act, as amended [42

U.S.C. 10262(b)(5)], or any other provision of law, a member of the

Nuclear Waste Technical Review Board whose term has expired may

continue to serve as a member of the Board until such member's

successor has taken office."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10261 of this title.

-End-

-CITE-

42 USC Sec. 10263 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER V - NUCLEAR WASTE TECHNICAL REVIEW BOARD

-HEAD-

Sec. 10263. Functions

-STATUTE-

The Board shall evaluate the technical and scientific validity of

activities undertaken by the Secretary after December 22, 1987,

including -

(1) site characterization activities; and

(2) activities relating to the packaging or transportation of

high-level radioactive waste or spent nuclear fuel.

-SOURCE-

(Pub. L. 97-425, title V, Sec. 503, as added Pub. L. 100-202, Sec.

101(d) [title III], Dec. 22, 1987, 101 Stat. 1329-104, 1329-121;

Pub. L. 100-203, title V, Sec. 5051, Dec. 22, 1987, 101 Stat.

1330-249.)

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-End-

-CITE-

42 USC Sec. 10264 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER V - NUCLEAR WASTE TECHNICAL REVIEW BOARD

-HEAD-

Sec. 10264. Investigatory powers

-STATUTE-

(a) Hearings

Upon request of the Chairman or a majority of the members of the

Board, the Board may hold such hearings, sit and act at such times

and places, take such testimony, and receive such evidence, as the

Board considers appropriate. Any member of the Board may administer

oaths or affirmations to witnesses appearing before the Board.

(b) Production of documents

(1) Upon the request of the Chairman or a majority of the members

of the Board, and subject to existing law, the Secretary (or any

contractor of the Secretary) shall provide the Board with such

records, files, papers, data, or information as may be necessary to

respond to any inquiry of the Board under this subchapter.

(2) Subject to existing law, information obtainable under

paragraph (1) shall not be limited to final work products of the

Secretary, but shall include drafts of such products and

documentation of work in progress.

-SOURCE-

(Pub. L. 97-425, title V, Sec. 504, as added Pub. L. 100-202, Sec.

101(d) [title III], Dec. 22, 1987, 101 Stat. 1329-104, 1329-121;

Pub. L. 100-203, title V, Sec. 5051, Dec. 22, 1987, 101 Stat.

1330-249.)

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-End-

-CITE-

42 USC Sec. 10265 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER V - NUCLEAR WASTE TECHNICAL REVIEW BOARD

-HEAD-

Sec. 10265. Compensation of members

-STATUTE-

(a) In general

Each member of the Board shall be paid at the rate of pay payable

for level III of the Executive Schedule for each day (including

travel time) such member is engaged in the work of the Board.

(b) Travel expenses

Each member of the Board may receive travel expenses, including

per diem in lieu of subsistence, in the same manner as is permitted

under sections 5702 and 5703 of title 5.

-SOURCE-

(Pub. L. 97-425, title V, Sec. 505, as added Pub. L. 100-202, Sec.

101(d) [title III], Dec. 22, 1987, 101 Stat. 1329-104, 1329-121;

Pub. L. 100-203, title V, Sec. 5051, Dec. 22, 1987, 101 Stat.

1330-249.)

-REFTEXT-

REFERENCES IN TEXT

Level III of the Executive Schedule, referred to in subsec. (a),

is set out in section 5314 of Title 5, Government Organization and

Employees.

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-End-

-CITE-

42 USC Sec. 10266 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER V - NUCLEAR WASTE TECHNICAL REVIEW BOARD

-HEAD-

Sec. 10266. Staff

-STATUTE-

(a) Clerical staff

(1) Subject to paragraph (2), the Chairman may appoint and fix

the compensation of such clerical staff as may be necessary to

discharge the responsibilities of the Board.

(2) Clerical staff shall be appointed subject to the provisions

of title 5 governing appointments in the competitive service, and

shall be paid in accordance with the provisions of chapter 51 and

subchapter III of chapter 53 of such title relating to

classification and General Schedule pay rates.

(b) Professional staff

(1) Subject to paragraphs (2) and (3), the Chairman may appoint

and fix the compensation of such professional staff as may be

necessary to discharge the responsibilities of the Board.

(2) Not more than 10 professional staff members may be appointed

under this subsection.

(3) Professional staff members may be appointed without regard to

the provisions of title 5 governing appointments in the competitive

service, and may be paid without regard to the provisions of

chapter 51 and subchapter III of chapter 53 of such title relating

to classification and General Schedule pay rates, except that no

individual so appointed may receive pay in excess of the annual

rate of basic pay payable for GS-18 of the General Schedule.

-SOURCE-

(Pub. L. 97-425, title V, Sec. 506, as added Pub. L. 100-202, Sec.

101(d) [title III], Dec. 22, 1987, 101 Stat. 1329-104, 1329-121;

Pub. L. 100-203, title V, Sec. 5051, Dec. 22, 1987, 101 Stat.

1330-249.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsecs. (a)(2) and (b)(3), are

classified generally to section 3301 et seq. of Title 5, Government

Organization and Employees.

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-MISC1-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-End-

-CITE-

42 USC Sec. 10267 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER V - NUCLEAR WASTE TECHNICAL REVIEW BOARD

-HEAD-

Sec. 10267. Support services

-STATUTE-

(a) General services

To the extent permitted by law and requested by the Chairman, the

Administrator of General Services shall provide the Board with

necessary administrative services, facilities, and support on a

reimbursable basis.

(b) Accounting, research, and technology assessment services

The Comptroller General, the Librarian of Congress, and the

Director of the Office of Technology Assessment shall, to the

extent permitted by law and subject to the availability of funds,

provide the Board with such facilities, support, funds and

services, including staff, as may be necessary for the effective

performance of the functions of the Board.

Upon the request of the Chairman, the Board may secure directly

from the head of any department or agency of the United States

information necessary to enable it to carry out this subchapter.

(d) Mails

The Board may use the United States mails in the same manner and

under the same conditions as other departments and agencies of the

United States.

(e) Experts and consultants

Subject to such rules as may be prescribed by the Board, the

Chairman may procure temporary and intermittent services under

section 3109(b) of title 5, but at rates for individuals not to

exceed the daily equivalent of the maximum annual rate of basic pay

payable for GS-18 of the General Schedule.

-SOURCE-

(Pub. L. 97-425, title V, Sec. 507, as added Pub. L. 100-202, Sec.

101(d) [title III], Dec. 22, 1987, 101 Stat. 1329-104, 1329-121;

Pub. L. 100-203, title V, Sec. 5051, Dec. 22, 1987, 101 Stat.

1330-250.)

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-MISC1-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-End-

-CITE-

42 USC Sec. 10268 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER V - NUCLEAR WASTE TECHNICAL REVIEW BOARD

-HEAD-

Sec. 10268. Report

-STATUTE-

The Board shall report not less than 2 times per year to Congress

and the Secretary its findings, conclusions, and recommendations.

The first such report shall be submitted not later than 12 months

after December 22, 1987.

-SOURCE-

(Pub. L. 97-425, title V, Sec. 508, as added Pub. L. 100-202, Sec.

101(d) [title III], Dec. 22, 1987, 101 Stat. 1329-104, 1329-121;

Pub. L. 100-203, title V, Sec. 5051, Dec. 22, 1987, 101 Stat.

1330-250.)

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of this

section relating to reporting to Congress 2 times per year, see

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance, and the last item on

page 186 of House Document No. 103-7.

-End-

-CITE-

42 USC Sec. 10269 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER V - NUCLEAR WASTE TECHNICAL REVIEW BOARD

-HEAD-

Sec. 10269. Authorization of appropriations

-STATUTE-

Notwithstanding subsection (d) of section 10222 of this title,

and subject to subsection (e) of such section, there are authorized

to be appropriated for expenditures from amounts in the Waste Fund

established in subsection (c) of such section such sums as may be

necessary to carry out the provisions of this subchapter.

-SOURCE-

(Pub. L. 97-425, title V, Sec. 509, as added Pub. L. 100-202, Sec.

101(d) [title III], Dec. 22, 1987, 101 Stat. 1329-104, 1329-121;

Pub. L. 100-203, title V, Sec. 5051, Dec. 22, 1987, 101 Stat.

1330-251.)

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-End-

-CITE-

42 USC Sec. 10270 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 108 - NUCLEAR WASTE POLICY

SUBCHAPTER V - NUCLEAR WASTE TECHNICAL REVIEW BOARD

-HEAD-

Sec. 10270. Termination of Board

-STATUTE-

The Board shall cease to exist not later than 1 year after the

date on which the Secretary begins disposal of high-level

radioactive waste or spent nuclear fuel in a repository.

-SOURCE-

(Pub. L. 97-425, title V, Sec. 510, as added Pub. L. 100-202, Sec.

101(d) [title III], Dec. 22, 1987, 101 Stat. 1329-104, 1329-121;

Pub. L. 100-203, title V, Sec. 5051, Dec. 22, 1987, 101 Stat.

1330-251.)

-COD-

CODIFICATION

Pub. L. 100-202 and Pub. L. 100-203 added identical sections.

-End-

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Enviado por:	El remitente no desea revelar su nombre
Idioma:	inglés
País:	Estados Unidos

Palabras clave:

Codificación normativa de EEUU (Estados Unidos)Legislación federal estadounidense # The Public Health and Welfare

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