dreamproit/uscode huggingface dataset:
42 U.S.C. § 10145 (THE PUBLIC HEALTH AND WELFARE)
§ 10145. Termination of certain provisions
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.
(Pub. L. 97–425, title I, § 125, Jan. 7, 1983, 96 Stat. 2229.)
42 U.S.C. § 10151 (THE PUBLIC HEALTH AND WELFARE)
§ 10151. Findings and purposes
(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.
(Pub. L. 97–425, title I, § 131, Jan. 7, 1983, 96 Stat. 2229.)
42 U.S.C. § 10152 (THE PUBLIC HEALTH AND WELFARE)
§ 10152. Available capacity for interim storage of spent nuclear fuel
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.
(Pub. L. 97–425, title I, § 132, Jan. 7, 1983, 96 Stat. 2230.)
42 U.S.C. § 10153 (THE PUBLIC HEALTH AND WELFARE)
§ 10153. Interim at-reactor storage
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.
(Pub. L. 97–425, title I, § 133, Jan. 7, 1983, 96 Stat. 2230.)
heading: References in Text
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.
42 U.S.C. § 10157 (THE PUBLIC HEALTH AND WELFARE)
§ 10157. Transportation
(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.
(Pub. L. 97–425, title I, § 137, Jan. 7, 1983, 96 Stat. 2241.)
42 U.S.C. § 10162 (THE PUBLIC HEALTH AND WELFARE)
§ 10162. Authorization of monitored retrievable storage
(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.
(Pub. L. 97–425, title I, § 142, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5021, Dec. 22, 1987, 101 Stat. 1330–232.)
heading: Codification
text: Pub. L. 100–202 and Pub. L. 100–203 added identical sections.
42 U.S.C. § 10164 (THE PUBLIC HEALTH AND WELFARE)
§ 10164. Survey
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.
(Pub. L. 97–425, title I, § 144, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5021, Dec. 22, 1987, 101 Stat. 1330–234.)
heading: Codification
text: Pub. L. 100–202 and Pub. L. 100–203 added identical sections.
42 U.S.C. § 10166 (THE PUBLIC HEALTH AND WELFARE)
§ 10166. Notice of disapproval
(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,1 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,1 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.
(Pub. L. 97–425, title I, § 146, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5021, Dec. 22, 1987, 101 Stat. 1330–235.)
heading: Codification
text: Pub. L. 100–202 and Pub. L. 100–203 added identical sections.
42 U.S.C. § 10167 (THE PUBLIC HEALTH AND WELFARE)
§ 10167. Benefits agreement
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.
(Pub. L. 97–425, title I, § 147, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5021, Dec. 22, 1987, 101 Stat. 1330–235.)
heading: Codification
text: Pub. L. 100–202 and Pub. L. 100–203 added identical sections.
42 U.S.C. § 10169 (THE PUBLIC HEALTH AND WELFARE)
§ 10169. Financial assistance
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.
(Pub. L. 97–425, title I, § 149, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5021, Dec. 22, 1987, 101 Stat. 1330–236.)
heading: Codification
text: Pub. L. 100–202 and Pub. L. 100–203 added identical sections.
42 U.S.C. § 10172 (THE PUBLIC HEALTH AND WELFARE)
§ 10172. Selection of Yucca Mountain site
(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.
(Pub. L. 97–425, title I, § 160, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5011(a), Dec. 22, 1987, 101 Stat. 1330–227.)
heading: Codification
text: Pub. L. 100–202 and Pub. L. 100–203 added identical sections.
42 U.S.C. § 10172a (THE PUBLIC HEALTH AND WELFARE)
§ 10172a. Siting a second repository
(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.
(Pub. L. 97–425, title I, § 161, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5012, Dec. 22, 1987, 101 Stat. 1330–231.)
heading: Codification
text: Pub. L. 100–202 and Pub. L. 100–203 added identical sections.
42 U.S.C. § 10173 (THE PUBLIC HEALTH AND WELFARE)
§ 10173. Benefits agreements
(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.
(Pub. L. 97–425, title I, § 170, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5031, Dec. 22, 1987, 101 Stat. 1330–237.)
heading: Codification
text: Pub. L. 100–202 and Pub. L. 100–203 added identical sections.
42 U.S.C. § 10173b (THE PUBLIC HEALTH AND WELFARE)
§ 10173b. Review Panel
(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.
(Pub. L. 97–425, title I, § 172, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5031, Dec. 22, 1987, 101 Stat. 1330–239.)
heading: References in Text
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.
heading: Codification
text: Pub. L. 100–202 and Pub. L. 100–203 added identical sections.
42 U.S.C. § 10173c (THE PUBLIC HEALTH AND WELFARE)
§ 10173c. Termination
(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.
(Pub. L. 97–425, title I, § 173, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5031, Dec. 22, 1987, 101 Stat. 1330–240.)
heading: Codification
text: Pub. L. 100–202 and Pub. L. 100–203 added identical sections.
42 U.S.C. § 10174 (THE PUBLIC HEALTH AND WELFARE)
§ 10174. Consideration in siting facilities
The Secretary, in siting Federal research projects, shall give special consideration to proposals from States where a repository is located.
(Pub. L. 97–425, title I, § 174, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5031, Dec. 22, 1987, 101 Stat. 1330–240.)
heading: Codification
text: Pub. L. 100–202 and Pub. L. 100–203 added identical sections.
42 U.S.C. § 10175 (THE PUBLIC HEALTH AND WELFARE)
§ 10175. Transportation
(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.
(Pub. L. 97–425, title I, § 180, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5061, Dec. 22, 1987, 101 Stat. 1330–251.)
heading: Codification
text: Pub. L. 100–202 and Pub. L. 100–203 added identical sections.
42 U.S.C. § 10191 (THE PUBLIC HEALTH AND WELFARE)
§ 10191. Purpose
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.
(Pub. L. 97–425, title II, § 211, Jan. 7, 1983, 96 Stat. 2245.)
42 U.S.C. § 10192 (THE PUBLIC HEALTH AND WELFARE)
§ 10192. Applicability
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.
(Pub. L. 97–425, title II, § 212, Jan. 7, 1983, 96 Stat. 2245.)