-CITE-
    42 USC CHAPTER 108 - NUCLEAR WASTE POLICY                   01/02/2006

-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.                       
                  (c)  Applicability to certain repositories.         
    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.      
                  (c)  Presidential review of recommended candidate
                        sites.                                        
                  (d)  Preliminary activities.                        
    10133.      Site characterization.                                
                  (a)  In general.                                    
                  (b)  Commission and States.                         
                  (c)  Restrictions.                                  
                  (d)  Preliminary activities.                        
    10134.      Site approval and construction authorization.         
                  (a)  Hearings and Presidential recommendation.      
                  (b)  Submission of application.                     
                  (c)  Status report on 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.               
                  (c)  Congressional review of 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.                                    
                  (c)  Financial assistance.                          
                  (d)  Additional notification and consultation.      
    10137.      Consultation with States and affected Indian tribes.  
                  (a)  Provision of information.                      
                  (b)  Consultation and cooperation.                  
                  (c)  Written agreement.                             
                  (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.                                      
                  (c)  Deadline for commencing action.                
    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.          
                  (c)  Environmental impact statement.                
    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.                          
                  (c)  Judicial review.                               
    10155.      Storage of spent nuclear fuel.                        
                  (a)  Storage capacity.                              
                  (b)  Contracts.                                     
                  (c)  Environmental review.                          
                  (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.                                    
                  (c)  Establishment of Interim Storage Fund.         
                  (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.           
                  (c)  Environmental impact statements.               
                  (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.                                    
                  (c)  Site specific activities.                      
                  (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.          
                  (c)  Licensing.                                     
                  (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.                             
                  (c)  Special sites.                                 

               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.                                        
                  (c)  Termination of granite research.               
                  (d)  Additional siting criteria.                    

                             PART F - BENEFITS                         
    10173.      Benefits agreements.                                  
                  (a)  In general.                                    
                  (b)  Amendment.                                     
                  (c)  Agreement with Nevada.                         
                  (d)  Monitored retrievable storage.                 
                  (e)  Limitation.                                    
                  (f)  Judicial review.                               
    10173a.     Content of agreements.                                
                  (a)  In general.                                    
                  (b)  Contents.                                      
                  (c)  Payments by Secretary.                         
    10173b.     Review Panel.                                         
                  (a)  In general.                                    
                  (b)  Terms.                                         
                  (c)  Duties.                                        
                  (d)  Information.                                   
                  (e)  Federal Advisory Committee Act.                
    10173c.     Termination.                                          
                  (a)  In general.                                    
                  (b)  Termination by State or Indian tribe.          
                  (c)  Decisions of Secretary.                        

                          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.                          
                  (c)  Training for public safety officials.          

    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.  
                  (c)  Restrictions.                                  
                  (d)  Title to material.                             
    10195.      Test and evaluation facility siting review and
                 reports.                                             
                  (a)  Consultation and cooperation.                  
                  (b)  Written agreements.                            
                  (c)  Limitation.                                    
    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.                                        
                  (c)  Operation.                                     
                  (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.                        
                  (c)  Dry storage research and development.          
                  (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.           
                  (c)  Notification to non-nuclear weapon states;
                        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.               
                  (c)  Establishment of Nuclear Waste Fund.           
                  (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.                         
                  (c)  Annual report to Congress.                     
                  (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.                        
                  (c)  Consultation with other Federal agencies.      
                  (d)  Proposed agreement.                            
    10244.      Environmental assessment of sites.                    
                  (a)  In general.                                    
                  (b)  Contents.                                      
                  (c)  Judicial review.                               
                  (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.                                   
                  (c)  Adoption.                                      
    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.                                     
                  (c)  Additional support.                            
                  (d)  Mails.                                         
                  (e)  Experts and consultants.                       
    10268.      Report.                                               
    10269.      Authorization of appropriations.                      
    10270.      Termination of Board.                                 

-End-

-CITE-
    42 USC Sec. 10101                                           01/02/2006

-EXPCITE-
    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;
          (C) verification and control technology;
          (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;
        or
          (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."

-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-

-CITE-
    42 USC Sec. 10102                                           01/02/2006

-EXPCITE-
    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-

-CITE-
    42 USC Sec. 10103                                           01/02/2006

-EXPCITE-
    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-

-CITE-
    42 USC Sec. 10104                                           01/02/2006

-EXPCITE-
    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-

-CITE-
    42 USC Sec. 10105                                           01/02/2006

-EXPCITE-
    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-

-CITE-
    42 USC Sec. 10106                                           01/02/2006

-EXPCITE-
    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                                           01/02/2006

-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.
    (c) Applicability to certain repositories
      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.)

-End-

-CITE-
    42 USC Sec. 10108                                           01/02/2006

-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                     01/02/2006

-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

-End-

-CITE-
    42 USC Sec. 10121                                           01/02/2006

-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                                  01/02/2006

-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

-End-

-CITE-
    42 USC Sec. 10131                                           01/02/2006

-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                                           01/02/2006

-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.
      (C) Such recommendations under subparagraph (B) shall be
    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.
    (c) Presidential review of recommended candidate sites
      (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.

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

-End-

-CITE-
    42 USC Sec. 10133                                           01/02/2006

-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
        (C) a conceptual repository design that takes into account
      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.
    (c) Restrictions
      (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;
        (C) remove any high-level radioactive waste, spent nuclear
      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."

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

-End-

-CITE-
    42 USC Sec. 10134                                           01/02/2006

-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;
        (C) a discussion of data, obtained in site characterization
      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.
    (c) Status report on 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."

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

-End-

-CITE-
    42 USC Sec. 10135                                           01/02/2006

-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.
    (c) Congressional review of petitions
      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.
      (C) Immediately following the conclusion of the debate on a
    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
      (c) of this section and the 60-day period referred to in
      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."

-End-

-CITE-
    42 USC Sec. 10136                                           01/02/2006

-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.
    (c) Financial assistance
      (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.

      (C) Any salary or travel expense that would ordinarily be
    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.
      (C) As soon as practicable after the Secretary has submitted such
    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.
      (C) At the end of the 2-year period beginning on the effective
    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).

-End-

-CITE-
    42 USC Sec. 10137                                           01/02/2006

-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.

    (c) Written agreement
      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).

-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                                           01/02/2006

-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.
      (C) At the end of the 2-year period beginning on the effective
    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).

-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                                           01/02/2006

-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;
        (C) challenging the constitutionality of any decision made, or
      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.
    (c) (!1) Deadline for commencing action

      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.

-FOOTNOTE-
    (!1) So in original. No subsec. (b) has been enacted.

-End-

-CITE-
    42 USC Sec. 10140                                           01/02/2006

-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.)

-End-

-CITE-
    42 USC Sec. 10141                                           01/02/2006

-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.
      (C) Such requirements and criteria shall not be inconsistent with
    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).
    (c) Environmental impact statement
      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                                           01/02/2006

-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                                           01/02/2006

-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.)

-End-

-CITE-
    42 USC Sec. 10144                                           01/02/2006

-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                                           01/02/2006

-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                     01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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.
    (c) Judicial review
      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                                           01/02/2006

-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;
        (C) construction of storage capacity at any site of a civilian
      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.
    (c) Environmental review
      (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.
      (C) The authority of the Governor and legislature of each State
    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.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 10156                                           01/02/2006

-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
    Register under this paragraph shall remain effective for a period
    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.
    (c) Establishment of Interim Storage Fund
      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.

-FOOTNOTE-
    (!1) So in original. Probably should be "jurisdictional".

    (!2) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 10157                                           01/02/2006

-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.)

-FOOTNOTE-
    (!1) So in original. No subsec. (b) has been enacted.

-End-

-CITE-
    42 USC Part C - Monitored Retrievable Storage               01/02/2006

-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              

-End-

-CITE-
    42 USC Sec. 10161                                           01/02/2006

-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;
        (C) to provide for the ready retrieval of such spent fuel and
      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;
        (C) site-specific designs, specifications, and cost estimates
      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.
    (c) Environmental impact statements
      (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.

-End-

-CITE-
    42 USC Sec. 10162                                           01/02/2006

-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.

-End-

-CITE-
    42 USC Sec. 10163                                           01/02/2006

-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.
      (C) The MRS Commission shall prepare a report on the need for a
    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;
        (C) waste preparation;
        (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.
      (C) The MRS Commission shall cease to exist 60 days after the
    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.

-FOOTNOTE-
    (!1) So in original. No subsec. (b) has been enacted.

-End-

-CITE-
    42 USC Sec. 10164                                           01/02/2006

-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.

-End-

-CITE-
    42 USC Sec. 10165                                           01/02/2006

-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.
    (c) Site specific activities
      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.

-End-

-CITE-
    42 USC Sec. 10166                                           01/02/2006

-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.

-End-

-CITE-
    42 USC Sec. 10167                                           01/02/2006

-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.

-End-

-CITE-
    42 USC Sec. 10168                                           01/02/2006

-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.
    (c) Licensing
      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.

-End-

-CITE-
    42 USC Sec. 10169                                           01/02/2006

-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.

-End-

-CITE-
    42 USC Part D - Low-Level Radioactive Waste                 01/02/2006

-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                                           01/02/2006

-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
        (C) Federal ownership and management of such site is necessary
      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.
    (c) Special sites
      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        01/02/2006

-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                                           01/02/2006

-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                                          01/02/2006

-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.
    (c) Termination of granite research
      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                                    01/02/2006

-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                         

-End-

-CITE-
    42 USC Sec. 10173                                           01/02/2006

-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.
    (c) Agreement with Nevada
      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.

-End-

-CITE-
    42 USC Sec. 10173a                                          01/02/2006

-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
    (C) Annual payments after first spent            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
        (C) "first spent fuel receipt" does not include receipt of
      spent fuel or high-level radioactive waste for purposes of
      testing or operational demonstration.

      (3) Annual payments prior to first spent fuel receipt under
    paragraph (1)(A) shall be made on the date of execution of the
    benefits agreement and thereafter on the anniversary date of such
    execution. Annual payments after the first spent fuel receipt until
    closure of the facility under paragraph (1)(C) shall be made on the
    anniversary date of such first spent fuel receipt.
      (4) If the first spent fuel payment under paragraph (1)(B) is
    made within six months after the last annual payment prior to the
    receipt of spent fuel under paragraph (1)(A), such first spent fuel
    payment under paragraph (1)(B) shall be reduced by an amount equal
    to 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.
      (C) In the event of a dispute concerning such plan, the Secretary
    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.
    (c) Payments by Secretary
      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.

-End-

-CITE-
    42 USC Sec. 10173b                                          01/02/2006

-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.
    (c) Duties
      The Review Panel shall - 
        (1) advise the Secretary on matters relating to the proposed
      repository or monitored retrievable storage facility, including
      issues relating to design, construction, operation, and
      decommissioning of the facility;
        (2) evaluate performance of the repository or monitored
      retrievable storage facility, as it considers appropriate;
        (3) recommend corrective actions to the Secretary;
        (4) assist in the presentation of State or affected Indian
      tribe and local perspectives to the Secretary; and
        (5) participate in the planning for and the review of
      preoperational data on environmental, demographic, and
      socioeconomic conditions of the site and the local community.
    (d) Information
      The Secretary shall promptly (!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.

-FOOTNOTE-
    (!1) So in original.

-End-

-CITE-
    42 USC Sec. 10173c                                          01/02/2006

-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.
    (c) Decisions of Secretary
      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.

-End-

-CITE-
    42 USC Part G - Other Benefits                              01/02/2006

-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                                           01/02/2006

-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                                          01/02/2006

-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                              01/02/2006

-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                                           01/02/2006

-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.
    (c) Training for public safety officials
      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                                    01/02/2006

-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

-End-

-CITE-
    42 USC Sec. 10191                                           01/02/2006

-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                                           01/02/2006

-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.)

-End-

-CITE-
    42 USC Sec. 10193                                           01/02/2006

-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;
        (C) a reasonable comparative evaluation by the Secretary of
      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.

-End-

-CITE-
    42 USC Sec. 10194                                           01/02/2006

-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.
    (c) Restrictions
      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.)

-End-

-CITE-
    42 USC Sec. 10195                                           01/02/2006

-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
          (C) works diligently and cooperatively to resolve such
        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).
    (c) Limitation
      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.)

-End-

-CITE-
    42 USC Sec. 10196                                           01/02/2006

-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                                           01/02/2006

-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.
    (c) Operation
      (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;
        (C) conducting in situ tests to evaluate and improve models for
      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
    (c) of this section determined by the Secretary to be useful in
    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.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 10198                                           01/02/2006

-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.
    (c) Dry storage research and development
      (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.

-End-

-CITE-
    42 USC Sec. 10199                                           01/02/2006

-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.)

-End-

-CITE-
    42 USC Sec. 10200                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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.
    (c) Notification to non-nuclear weapon states; expressions of
      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                                           01/02/2006

-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.

      (C) In 1990, and again in 1995, the Subseabed Consortium shall
    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                               01/02/2006

-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                                           01/02/2006

-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
    Register of the receipt of comments and of the availability of the
    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.)

-End-

-CITE-
    42 USC Sec. 10222                                           01/02/2006

-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.
    (c) Establishment of Nuclear Waste Fund
      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.
    (c) of this section and the absence of a section 126 in Pub. L. 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.

-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                                           01/02/2006

-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                                           01/02/2006

-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.
    (c) Annual report to Congress
      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
    Government Accountability 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; Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (d). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".
      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.
    (c) of this section relating to annual submittal of 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 13th item on page 91 of House Document No. 103-7.

-End-

-CITE-
    42 USC Sec. 10225                                           01/02/2006

-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.)

-FOOTNOTE-               

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

-End-

-CITE-
    42 USC Sec. 10226                                           01/02/2006

-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             01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 108 - NUCLEAR WASTE POLICY
    SUBCHAPTER IV - NUCLEAR WASTE NEGOTIATOR

-HEAD-
                 SUBCHAPTER IV - NUCLEAR WASTE NEGOTIATOR             

-End-

-CITE-
    42 USC Sec. 10241                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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.
    (c) Consultation with other Federal agencies
      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.

-End-

-CITE-
    42 USC Sec. 10244                                           01/02/2006

-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.
    (c) Judicial review
      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.

-End-

-CITE-
    42 USC Sec. 10245                                           01/02/2006

-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.

-End-

-CITE-
    42 USC Sec. 10246                                           01/02/2006

-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                                           01/02/2006

-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.
    (c) Adoption
      (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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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."

-End-

-CITE-
    42 USC Sec. 10263                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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.
    (c) Additional support
      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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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-