Nuclear Waste Policy Act of 1982
PL 97-425 (H.R.3809), enacted 01/07/1983

note. 
PUBLIC LAW 97-425—JAN. 7, 1983 
96 STAT. 2201 
Public Law 97-425 
97th Congress 
An Act 
To provide for the development of repositories for the disposal of high-level radioac- 
Jan. 7, 1983 
tive waste and spent nuclear fuel, to establish a program of research, development, 
rjj jj 3309] 
and demonstration regarding the disposal of high-level radioactive waste and spent 
nuclear fuel, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
S^"r^®^^ Waste 
' 
° 
Policy Act of 
1982 
SHORT TITLE AND TABLE OF CONTENTS 
42 USC 10101 
SECTION 1. This Act may be cited as the "Nuclear Waste Policy 
Act of 1982". 
TABLE OF CONTENTS 
Sec. 1. Short title and table of contents. 
Sec. 2. Definitions. 
Sec. 3. Separability. 
Sec. 4. Territories and possessions. 
Sec. 5. Ocean disposal. 
Sec. 6. Limitation on spending authority. 
Sec. 7. Protection of classified national security information. 
Sec. 8. Applicability. 
Sec. 9. Applicability. 
TITLE I—DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE, 
SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE WASTE 
Sec. 101. State emd affected Indian tribe participation in development of proposed 
repositories for defense waste. 
SUBTITLE A—REPOSITORIES FOR DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE AND 
SPENT NUCLEAR FUEL 
Sec. 111. Findings and purposes. 
Sec. 112. Recommendation of candidate sites for site characterization. 
Sec. 113. Site characterization. 
Sec. 114. Site approval and construction authorization. 
Sec. 115. Review of repository site selection. 
Sec. 116. Participation of States. 
Sec. 117. Consultation with States and Indian tribes. 
Sec. 118. Participation of Indian tribes. 
Sec. 119. Judicifd review of agency actions. 
Sec. 120. Expedited authorizations. 
Sec. 121. Certain standards and criteria. 
Sec. 122. Disposal of spent nuclear fuel. 
Sec. 123. Title to material. 
Sec. 124. Consideration of effect of acquisition of water rights. 
Sec. 125. Termination of certain provisions. 
SUBTITLE B—INTERIM STORAGE PROGRAM 
Sec. 131. Findings and purposes. 
Sec. 132. Available capacity for interim storage of spent nucletur fuel. 
Sec. 133. Interim at-reactor storage. 
Sec. 134. Licensing of facility expansions and transshipments. 
Sec. 135. Storage of spent nuclear fuel. 
Sec. 136. Interim Storage Fund. 
Sec. 137. Transportation. 
96 STAT. 2202 
PUBLIC LAW 97-425—JAN. 7, 1983 
SUBTITLE C—MONITORED RETRIEVABLE STORAGE 
Sec. 141. Monitored retrievable storage. 
SUBTITLE D—LOW-LEVEL RADIOACTIVE WASTE 
Sec. 151. Financial arrangements for site closure. 
TITLE II—RESEARCH, DEVELOPMENT, AND DEMONSTRATION REGARDING 
DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE AND SPENT NUCLEAR 
FUEL 
Sec. 211. Purpose. 
Sec. 212. Applicability. 
Sec. 213. Identification of sites. 
Sec. 214. Siting research and related activities. 
Sec. 215. Test and evaluation facility siting review and reports. 
Sec. 216. Federal agency actions. 
Sec. 217. Research and development on disposal of high-level radioactive waste. 
Sec. 218. Research and development on spent nuclear fuel. 
Sec. 219. Payments to States and affected Indian tribes. 
Sec. 220. Study of research and development needs for monitored retrievable stor-
age proposal. 
Sec. 221. Judicial review. 
Sec. 222. Research on alternatives for the permanent disposal of high-level radioac-
tive waste. 
Sec. 223. Technical assistance to non-nuclear weapon states in the field of spent 
fuel storage and disposal. 
TITLE III-OTHER PROVISIONS RELATING TO RADIOACTIVE WASTE 
Sec. 301. Mission plan. 
Sec. 302. Nuclear Waste Fund. 
Sec. 303. Alternate means of financing. 
Sec. 304. Office of Civilian Radioactive Waste Management. 
Sec. 305. Location of test and evaluation facility. 
Sec. 306. Nuclear Regulatory Commission training authorization. 
DEFINITIONS 
42 use 10101. 
SEC. 2. For purposes of this Act: 
(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; 
(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 confine-
ment fusion; 
(C) verification and control technology; 
(D) defense nuclear materials production; 
(E) defense nuclear waste and materials by-products man-
agement; 
PUBLIC LAW 97-425—JAN. 7, 1983 
96 STAT. 2203 
(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 geo-
logic and hydrologic system, that is recommended by the Secre-
tary under section 112 for site characterization, approved by the 
President under section 112 for site characterization, or under-
going site characterization under section 113. 
(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 civil-
ian nuclear powerplant required to be licensed under section 
103 or 104 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2133, 
2134(b)). 
(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 reposi-
tory of high-level radioactive waste, spent nuclear fuel, or other 
highly radioactive material with no foreseeable intent of recov-
ery, 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 radio-
active materials, and any overpacks that are emplaced at a 
repository. 
(11) The term "engineered barriers" means manmade compo-
nents 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 radio-
active 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 prod-
ucts in sufficient concentrations; and 
(B) other highly radioactive material that the Commis-
sion, 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, United States Code. 
(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 recog-
nized 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 
96 STAT. 2204 
PUBLIC LAW 97-425—JAN. 7, 1983 
section lle(2) of the Atomic Energy Act of 1954 (42 U.S.C. 
2014(e)(2)); and 
(B) the Commission, consistent with existing law, classi-
fies as low-level radioactive waste. 
(17) The term "Office" means the Office of Civilian Radioac-
Post, p. 2262. 
tive Waste Management established in section 305. 
(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 activi-
ties are conducted. 
(19) The term "reservation" means— 
(A) any Indian reservation or dependent Indian com-
munity referred to in clause (a) or (b) of section 1151 of title 
18, United States Code; 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 
ondition and the 
ranges of the parameters of a candidate ^^te relevant to the 
location of a repository, including borings, surface excava-
tions, 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 loca-
tion of a repository, but not including preliminary borings 
and geophysical testing needed to assess whether site char-
acterization should be undertaken. 
(22) The term "siting research" means activities, including 
borings, surface excavations, shaft excavations, subsurface lat-
eral 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 radioac-
tive waste, spent nuclear fuel, or transuranic waste with the 
intent to recover such waste or fuel for subsequent use, process-
ing, or disposal. 
(26) The term "Storage Fund" means the Interim Storage 
Post, p. 2237. 
Fund established in section 137(c). 
(27) The term "test and evaluation facility" means an at-
depth, prototypic, underground cavity with subsurface lateral 
PUBLIC LAW 97-425—JAN. 7, 1983 
96 STAT. 2205 
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 302(c). 
Post, p. 2257. 
SEPARABILITY 
SEC. 3. If any provision of this Act, or the application of such 42 use 10102. 
provision to any person or circumstance, is held invalid, the remain-
der of this Act, 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. 
TERRITORIES AND POSSESSIONS 
SEC. 4. Nothing in this Act shall be deemed to repeal, modify, or 
42 use 10103. 
amend the provisions of section 605 of the Act of March 12, 1980 (48 
U.S.C. 1491). 
OCEAN DISPOSAL 
SEC. 5. Nothing in this Act shall be deemed to affect the Marine 
42 use 10104. 
Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et 
seq.). 
LIMITATION ON SPENDING AUTHORITY 
SEC. 6. The authority under this Act to incur indebtedness, or 
42 use 10105. 
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. 
PROTECTION OF CLASSIFIED NATIONAL SECURITY INFORMATION 
SEC. 7. Nothing in this Act shall require the release or disclosure 
42 use 10106. 
to any person or to the Commission of any classified national 
security information. 
APPLICABILITY 
SEC. 8. (a) ATOMIC ENERGY DEFENSE ACTIVITIES.—Subject to the 
42 use 10107. 
provisions of subsection (c), the provisions of this Act shall not apply 
with respect to any atomic energy defense activity or to any facility 
used in connection with any such activity. 
Ob) EVALUATION BY PRESIDENT.—(1) Not later than 2 years after 
the date of the enactment of this Act, the President shall evaluate 
the use of disposal capacity at one or more repositories to be 
developed under subtitle A of title I for the disposal of high-level 
Post, p. 2207. 
radioactive waste resulting from atomic energy defense activities. 
Such evaluation shall take into consideration factors relating to cost 
96 STAT. 2206 
PUBLIC LAW 97-425—JAN. 7, 1983 
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 
Post, p. 2207. 
repositories to be developed under subtitle A of title I for the 
disposal of such waste. Such arrangements shall include the alloca-
tion of costs of developing, constructing, and operating this reposi-
tory 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 
Post, p. 2257. 
established under section 302. 
(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 202 of the Energy Reorganization 
Act of 1973 (42 U.S.C. 5842); and (B) comply with all requirements of 
the Commission for the siting, development, construction, and oper-
ation of a repository. 
(c) APPLICABILITY TO CERTAIN REPOSITORIES.—The provisions of 
this Act shall apply with respect to any repository not used exclu-
sively 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. 
APPLICABILITY 
42 use 10108. 
SEC. 9. TRANSPORTATION.—Nothing in this Act shall be construed 
to affect Federal, State, or local laws pertaining to the transporta-
tion of spent nuclear fuel or high-level radioactive waste. 
TITLE I—DISPOSAL AND STORAGE OF HIGH-LEVEL RADIO-
ACTIVE WASTE, SPENT NUCLEAR FUEL, AND LOW-LEVEL 
RADIOACTIVE WASTE 
STATE AND AFFECTED INDIAN TRIBE PARTICIPATION IN DEVELOPMENT 
OF PROPOSED REPOSITORIES FOR DEFENSE WASTE 
42 use 10121. 
SEC 101. (a) NOTIFICATION TO STATES AND AFFECTED INDIAN 
TRIBES.—Notwithstanding the provisions of section 8, 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.—Fol-
lowing the receipt of any notification under subsection (a), the State 
or Indian tribe involved shall be entitled, with respect to the pro-
posed repository involved, to rights of participation and consultation 
identical to those provided in sections 115 through 118, except that 
PUBLIC LAW 97-425—JAN. 7, 1983 
96 STAT. 2207 
any financial assistance authorized to be provided to such State or 
Edited Indian tribe under section 116(c) or 118(b) shall be made 
from amounts appropriated to the Secretary for purposes of carrying 
out this section. 
SUBTITLE A—REPOSITORIES FOR DISPOSAL OF HIGH-LEVEL 
RADIOACTIVE WASTE AND SPENT NUCLEAR FUEL 
FINDINGS AND PURPOSES 
SEC. 111. (a) FINDINGS.—The Congress finds that— 
42 use ioi3i. 
(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) radioac-
tive waste from (i) reprocessing of spent nuclear fuel; (ii) activi-
ties related to medical research, diagnosis, and treatment; and 
(iii) other sources; 
(3) Federal efforts during the past 30 years to devise a perma-
nent solution to the problems of civilian radioactive waste 
disposal have not been adequate; 
(4) while the Federal Grovernment 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 environ-
ment, 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 pro-
vide 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 Act; 
(6) State and public participation in the planning and develop-
ment 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 pre-
cautions must be taken to ensure that such wsiste and spent fuel 
do not adversely affect the public health and safety and the 
environment for this or future generations. 
(b) PURPOSES.—The purposes of this subtitle are— 
(1) to establish a schedule for the siting, construction, and 
operation of repositories that will provide a reasonable assur-
ance 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 Govern-
ment 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 
96 STAT. 2208 
PUBLIC LAW 97-425—JAN. 7, 1983 
relating to the disposal of such waste and spent fuel will be 
borne by the persons responsible for generating such waste and 
spent fuel. 
42 u s e 10132. 
Recommenda-
tion date. 
RECOMMENDATION OF CANDIDATE SITES FOR SITE CHARACTERIZATION 
SEC. 112. (a) GUIDEUNES.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary, following consultation 
with the Council on Environmental Quality, the Administrator of 
the Environmental Protection Agency, the Director of the Geologi-
cal 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 geo-
logic 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, prox-
imity 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 transporta-
tion and safety factors involved in moving such waste to a reposi-
tory. Such guidelines shall specify population factors that will dis-
qualify 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). The Secretary may revise such guidelines from time to time, 
consistent with the provisions of this subsection. 
(b) RECOMMENDATION BY SECRETARY TO THE PRESIDENT.—(1)(A) 
Following the issuance of guidelines under subsection (a) and consul-
tation with the Governors of affected States, the Secretary shall 
nominate at least 5 sites that he determines suitable for site charac-
terization for selection of the first repository site. 
(B) Subsequent to such nomination, the Secretary shall recom-
mend to the President 3 of the nominated sites not later than 
January 1,1985 for characterization as candidate sites. 
(C) 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 Presi-
dent 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 previ-
PUBLIC LAW 97-425—JAN. 7, 1983 
96 STAT. 2209 
ously nominated under subparagraph (A), that was not recom-
mended as a candidate site under subparagraph (B). 
(D) Such recommendations under subparagraphs (B) and (C) shall 
be consistent with the provisions of section 305. 
(E) Each nomination of a site under this subsection shall be 
accompanied by an environmental assessment, which shall include a 
detailed statement of the bsisis 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 estab-
lished under subsection (a); 
(ii) an evaluation by the Secretaiy as to whether such site is 
suitable for development as a repository under each such guide-
line 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 consid-
ered; 
(v) a description of the decision process by which such site was 
recommended; and 
(vi) an Eissessment of the regional and local impacts of locat-
ing the proposed repository at such site. 
(F)(i) 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, United States Code, and section 119. 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 subpara-
graph (E). 
(G) Each environmental assessment prepared under this para-
graph shall be made available to the public. 
(H) Before nominating a site, the Secretary shall notify the Gover-
nor 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 113(bXl). 
(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 hydrolo-
gic, 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 upon the date of enactment of 
this Act or (ii) the Secretary certifies that such available informa-
Post, p. 2262. 
Environmental 
assessment. 
Judicial review. 
5 u s e 701 et seq. 
Public 
availability. 
Hearings. 
notification. 
96 STAT. 2210 
PUBLIC LAW 97-425—JAN. 7, 1983 
tion from other sources, in the absence of preliminary borings or 
excavations, will not be adequate to satisfy applicable requirements 
of this Act 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 
Decision 
made by the Secretary under subsection (b). Not later than 60 days 
l^^^«!?ll**^ ^^ 
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 writ-
ten 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 legisla-
ture, or governing body of the affected Indian tribe, of the approval 
of such candidate site by reason of the inaction of the President. 
(d) 
CONTINUATION OF CANDIDATE SITE SCREENING.—After 
the 
required recommendation of candidate sites under subsection (b), 
the Secretary may continue, as he determines necessary, to identify 
and study other sites to determine their suitability for recommenda-
tion for site characterization, in accordance with the procedures 
described in this section. 
(e) PREUMINARY 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 envi-
ronmental 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. 
(f) TIMELY SITE CHARACTERIZATION.—Nothing in this section may 
be construed as prohibiting the Secretary from continuing ongoing 
or presently planned site characterization at any site on Depart-
ment 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) 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 
PUBLIC LAW 97-425—JAN. 7, 1983 
96 STAT. 2211 
candidate sites recommended by the Secretary under the first sen-
tence of subsection (b) for site characterization and approved by the 
President under subsection (c); and (3) the Secretary shall conduct 
public hearings under 113(b)(2) and comply with requirements under 
section 117 of this Act within one year of the date of enactment. 
Hearings. 
SITE CHARACTERIZATION 
SEC. 113. (a) IN GENERAL.—The Secretary shall carry out, in 
accordance with the provisions of this section, appropriate site 
characterization activities beginning with the candidate sites that 
have been approved under section 112 and are located in various 
geologic media. The Secretary shall consider fully the comments 
received under subsection (b)(2) and section 112(b)(2) and shall, to the 
maximum extent practicable and in consultation with the Governor 
of the State involved or the governing body of the affected Indian 
tribe involved, conduct site characterization activities in a manner 
that minimizes any significant adverse environmental impacts iden-
tified in such comments or in the environmental assessment submit-
ted under subsection (bXD. 
(b) COMMISSION AND STATES.—(1) Before proceeding to sink shafts 
at any candidate site, the Secretary shall submit for such candidate 
site to the Commission 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 on whose reservation such candi-
date site is located, as the case may be, 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 nonradioac-
tive 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 signifi-
cant adverse environmental impacts caused by site charac-
terization activities if it is determined unsuitable for appli-
cation 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 112(a); 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 em-
placed in such repository, a description, to the extent practica-
ble, 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. 
42 u s e 10133. 
Plan submittal, 
review and 
comment. 
96 STAT. 2212 
PUBLIC LAW 97-425—JAN. 7, 1983 
Public 
availability; 
hearings. 
Report. 
Notification of 
site termination. 
(2) Before proceeding to sink shafts at any candidate site, the 
Secretary shall (A) make available to the public the site character-
ization 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 a 
candidate site, the Secretary shall report not less than once every 6 
months to the Commission and to either the Governor and legisla-
ture 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, on the nature and extent of such 
activities and the information developed from such activities. 
(c) RESTRICTIONS.—(1) The Secretary may conduct at any candidate 
site only such site characterization activities as the Secretary con-
siders necessary to provide the data required for evaluation of the 
suitability of such candidate site for an application to be submitted 
to the Commission for a construction authorization for a repository 
at such candidate site, and for compliance with the National Envi-
ronmental 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 
candidate 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 candidate site; and 
(B) if any radioactive material is used at a candidate site— 
(i) the Secretary shall use the minimum quantity neces-
sary to determine the suitability of such candidate 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 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 char-
acterization activities. 
(d) PRELIMINARY ACTIVITIES.—Each activity of the Secretary under 
this section that is in compliance with the provisions of subsection 
(c) shall be considered a preliminary decisionmaking activity. No 
such activity shall require the preparation of an environmental 
impact statement under section 102(2XC) of the National Environ-
mental 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. 
PUBLIC LAW 97-425—JAN. 7, 1983 
96 STAT. 2213 
SITE APPROVAL AND CONSTRUCTION AUTHORIZATION 
SEC. 114. (a) HEARINGS AND PRESIDENTIAL RECOMMENDATION.—(1) 
The Secretary shall hold public hearings in the vicinity of each site 
under consideration for recommendation to the President under this 
paragraph as a site for the development of a repository, for the 
purposes of informing the residents of the area in which such site is 
located of such consideration and receiving their comments regard-
ing the possible recommendation of such site. If, upon completion of 
such hearings and completion of site characterization 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, under section 113, the Secretary decides to recommend 
approval of such site to the President, 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 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 113 and 
this section, including the information described in subparagraph 
(A) through subparagraph (G). In making site recommendations and 
approvals subsequent to the first site recommendation, the Secre-
tary 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. Together with any rec-
ommendation of a site under this paragraph, the Secretary shall 
make available to the public, and submit to the President, a compre-
hensive statement of the basis of such recommendation, including 
the following: 
(A) a description of the proposed repository, including prelimi-
nary 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 pursu-
ant to subsection (f) 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 candi-
date sites for the first proposed respository or to all of the 
characterized sites for the development of subsequent repositor-
ies, with respect to which site characterization is completed 
under section 113, together with comments made concerning 
such environmental impact statement by the Secretary of the 
Interior, the Council on Environmental Quality, the Adminis-
trator, and the Commission, except that any such environmen-
tal impact statement concerning the first repository to be devel-
oped under this Act shall not be required to consider the need 
for a repository or the alternatives to geologic disposal; 
(E) preliminary comments of the Commission concerning the 
extent to which the at-depth site characterization analysis and 
42 u s e 10134. 
Notification of 
decision. 
Public 
availability. 
96 STAT. 2214 
PUBLIC LAW 97-425—JAN. 7, 1983 
Submittal to 
Congress. 
Deadlines, 
extensions. 
Submittal to 
Congress. 
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 appro-
priate; and 
(H) any impact report submitted under section 116(c)(2)(B) by 
the State in which such site is located, or under section 
118(b)(3)(B) by the affected Indian tribe where such site is 
located, as the case may be. 
(2)(A) Not later than March 31,1987, the President shall submit to 
the Congress a recommendation of one site from the three sites 
initially characterized that the President considers qualified for 
application for a construction authorization for a repository. Not 
later than March 31, 1990, the President shall submit to the Con-
gress a recommendation of a second site from any sites already 
characterized that the President considers qualified for a construc-
tion authorization for a second repository. The President shall 
submit with such recommendation a copy of the report for such site 
prepared by the Secretary under paragraph (1). After submission of 
the second such recommendation, the President may submit to the 
Congress recommendations for other sites, in accorance with the 
provisions of this subtitle. 
(B) The President may extend the deadlines described in subpara-
graph (A) by not more than 12 months if, before March 31, 1986, for 
the first site, and March 31, 1989, for the second site, (i) the 
President determines that such extension is necessary; and (ii) 
transmits to the Congress a report setting forth the reasons for such 
extension. 
(3) 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 116 or the governing body of an affected Indian 
tribe under section 118, 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. 
(4)(A) The President may not recommend the approval of any site 
under this subsection unless the Secretary has recommended to the 
President under paragraph (1) approval of such site and has submit-
ted to the President a report 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(2X0 of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332(2)(C)), or to require any environ-
mental review under subparagraph (E) or (F) of section 102(2) of 
such Act. 
(b) SUBMISSION OF APPUCATION.—If the President recommends to 
the Congress a site for a repository under subsection (a) and the site 
designation is permitted to take effect under section 115, the Secre-
tary shall submit to the Commission an application for a construc-
tion 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 
PUBLIC LAW 97-425—JAN. 7, 1983 
96 STAT. 2215 
legislature of the State in which such site is located, or the govern-
ing body of the affected Indian tribe where such site is located, as 
the case may be, a copy of such application. 
(c) STATUS REPORT ON APPUCATION.—Not later than 1 year after 
the date on which an application for a construction authorization is 
submitted under subsection (b), and annually thereafter until the 
date on which such authorization is granted, the Commission shall 
submit a report to the Congress describing the proceedings under-
taken through the date of such report with regard to such applica-
tion, 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 appli-
cation 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 disap-
proving the issuance of a construction authorization not later 
than— 
(1) January 1, 1989, for the first such application, and Janu-
ary 1,1992, for the second such application; or 
(2) 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 report-
ing requirements established in subsection (e)(2); 
whichever occurs later. The Commission decision approving the first 
such application shall prohibit the emplacement in the first reposi-
tory 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 pursu-
ant to subtitle C of this Act, 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 WEiste 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 involved, within the time 
periods specified in this subtitle. 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 
Construction 
authorization 
application. 
Report submittal 
to Secretary amd 
Congress. 
96 STAT. 2216 
PUBLIC LAW 97-425—JAN. 7, 1983 
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 recommenda-
tions 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 
Report response, the delay involved. The Secretary, within 30 days after receiving 
filing with 
any such report, shall file with the Congress his response to such 
Congress. 
report, including the reasons why the Secretary could not amend 
the project decision schedule to accommodate the Federal agency 
involved. 
(f) ENVIRONMENTAL IMPACT STATEMENT.—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. 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 Act 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. For purposes of complying with the requirements of 
the National Environmental Policy Act of 1969 (42 U.S.C. 1321 et 
42 use 4321 et 
seq.) and this section, the Secretary shall consider as alternate sites 
^9- 
for the first repository to be developed under this subtitle 3 candi-
date sites with respect to which (1) site characterization has been 
completed under section 113; and (2) the Secretary has made a 
preliminary determination, that such sites are suitable for develop-
ment as respositories consistent with the guidelines promulgated 
under section 112(a). The Secretary shall consider as alternative 
sites for subsequent repositories at least three of the remaining sites 
recommended by the Secretary by January 1, 1985, and by July 1, 
1989, pursuant to section 112(b) and approved by the President for 
site characterization pursuant to section 112(c) for which (1) site 
characterization has been completed under section 113; and (2) the 
Secretary has made a preliminary determination that such sites are 
suitable for development as respositories consistent with the guide-
lines promulgated under section 112(a). Any environmental impact 
statement prepared in connection with a repository proposed to be 
constructed by the Secretary under this subtitle 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 Environmen-
tal Policy Act of 1969 (42 U.S.C. 4321 et seq.) and no further 
consideration shall be required, except that nothing in this subsec-
tion 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.). Nothing in this Act shall be con-
strued to amend or otherwise detract from the licensing require-
ments of the Nucler Regulatory Commission as established in title II 
42 use 5841. 
of the Energy Reorganization Act of 1974 (Public Law 93-438). In 
PUBLIC LAW 97-425—JAN. 7, 1983 
96 STAT. 2217 
any such statement prepared with respect to the first repository to 
be constructed under this subtitle, the need for a repository or 
nongeologic alternatives to the site of such repository shall not be 
considered. 
REVIEW OF REPOSITORY SITE SELECTION 
SEC. 115. (a) DEFINITION.—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 submit-
ted 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 reposi-
tory shall be effective at the end of the 60-day pjeriod beginning on 
the date that the President recommends such site to the Congress 
under section 114, 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 
116 or 118. If any such notice of disapproval has been submitted, the 
designation of such site shall not be effective except as provided 
under subsection (c). 
(c) CONGRESSIONAL REVIEW OF PETITIONS.—If any notice of disap-
proval of a repository site designation has been submitted to the 
Congress under section 116 or 118 after a recommendation for 
approval of such site is made by the President under section 114, 
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 accord-
ance with this subsection approving sucn site, and such resolution 
thereafter becomes law. 
(d) PROCEDURES APPUCABLE TO THE 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 116 or 118, a resolution of 
42 use 10135. 
Notice of 
disapproval, 
submittal to 
Congress. 
Introduction of 
resolution. 
96 STAT. 2218 
PUBLIC LAW 97-425—JAN. 7, 1983 
Committee 
recommenda-
tions. 
Discharge of 
committee. 
Debate. 
Appeals. 
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 recommenda-
tions 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 introduc-
tion 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 ap-
proval 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 considera-
tion of such resolution. Such motion shall be highly privileged and 
shall not be debatable. Such motion shall not be subject to amend-
ment, 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 resolu-
tion 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 applica-
tion 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 proce-
dure shall apply: 
PUBLIC LAW 97-425—JAN. 7, 1983 
96 STAT. 2219 
(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 THE 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 introduc-
tion, be immediately referred by the Speaker of the House to the 
appropriate committee or committees of the House. Any such resolu-
tion 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 legisla-
tive days. When any such resolution is called up, the House shall 
proceed to its immediate consideration and the Speaker shall recog-
nize 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 proce-
dure 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— 
Discharge of 
committee. 
Resolution, 
consideration 
and debate. 
96 STAT. 2220 
PUBLIC LAW 97-425—JAN. 7, 1983 
(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) and the 60-day period referred to in subsections (d) 
and (e). 
(g) INFORMATION PROVIDED TO CONGRESS.—In considering any 
notice of disapproval submitted to the Congress under section 116 or 
118, the Congress may obtain any comments of the Commission with 
respect to such notice of disapproval. The provision of such com-
ments by the Commission shall not be construed as binding the 
Commission with respect to any licensing or authorization action 
concerning the repository involved. 
42 use 10136. 
"Potentially 
acceptable site." 
Notice of 
disapproval, 
submittal to 
Congress. 
PARTICIPATION OF STATES 
SEC. 116. (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 the date of 
enactment of this Act. 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 title, 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 subtitle to the Governor 
or legislature of sucn 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 legisla-
ture 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 disap-
proval to the Congress not later than the 60 days after the date that 
the President recommends such site to the Congress under section 
114. 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 state-
PUBLIC LAW 97-425—JAN. 7, 1983 
96 STAT. 2221 
ment of reasons explaining why such Governor or legislature disap-
proved 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.—(IXA) The Secretary shall make 
grants to each State notified under subsection (a) for the purpose of 
participating in activities required by sections 116 and 117 or au-
thorized by written agreement entered into pursuant to subsection 
117(c). Any salary or travel expense that would ordinarily be in-
curred by such State, or by any political subdivision of such State, 
may not be considered eligible for funding under this paragraph. 
(B) The Secretary shall make grants to each State in which a 
candidate site for a repository is approved under section 112(c). Such 
grants may be made to each such State only for purposes of enabling 
such State— 
(i) to review activities taken under this subtitle 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 State and its residents; 
(ii) to develop a request for impact assistance under para-
graph (2); 
(iii) to engage in any monitoring, testing, or evaluation activi-
ties with respect to site characterization programs with regard 
to such site; 
(iv) to provide information to its 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 subtitle with respect to such site. 
(C) Any salary or travel expense that would ordinarily be incurred 
by such State, or by any political subdivision of such State, may not 
be considered eligible for funding under this paragraph. 
(2)(A) The Secretary shall provide financial and technical assist-
ance" to any State requesting such assistance in which 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 State of the development of such repository. Such 
assistance to such State 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 State 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 in such 
State. 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 authori-
zation for such repository, the Secretary shall seek to enter into a 
binding agreement with the State involved setting forth the amount 
of assistance to be provided to such State under this paragraph and 
the procedures to be followed in providing such assistance. 
Grants. 
Construction 
authorization. 
Report 
submittal. 
96 STAT. 2222 
PUBLIC LAW 97-425—JAN. 7, 1983 
Grants, 
limitations. 
Funding 
limitations. 
Post, p. 2257. 
(3) The Secretary shall also grant to each State and unit of general 
local government in which a site for a repository is approved under 
section 112(c) an amount each fiscal year equal to the amount such 
State and unit of general local government, respectively, would 
receive were they authorized to tax site characterization activities at 
such site, and the development and operation of such repository, as 
such State and unit of general local government tax the other real 
property and industrial activities occurring within such State and 
unit of general local government. Such grants shedl continue until 
such time as all such activities, development, and operation are 
terminated at such site. 
(4XA) A State may not receive anv 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 involved of the termination of site 
characterization activities at the candidate site involved in such 
State; 
(ii) the date on which the site in such State is disapproved 
under section 115; or 
(iii) the date on which the Commission disapproves an applica-
tion for a construction authorization for a repository at such 
site; 
whichever occurs first, unless there is another candidate site in the 
State approved under section 112(c) with respect to which the 
actions described in clauses (i), (ii), and (iii) have not been taken. 
(B) A State may not receive any further assistance under para-
graph (2) with respect to a site if repository construction activities at 
such site are terminated by the Secretary or if such activities are 
perm£uiently 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 under para-
graph (1) or (2), except for— 
(i) such funds as may be necessary to support State 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; and 
(ii) such funds as may be necessary to support State activities 
pursuant to agreements or contracts for impact Eissistance en-
tered into, under paragraph (2), by such State with the Secre-
tary during such 2-year period. 
(5) Financial assistance authorized in this subsection shall be 
made out of amounts held in the Nuclear Waste Fund established in 
section 302. 
(d) ADDITIONAL NOTIFICATION AND CONSULTATION.—Whenever the 
Secretary is required under any provision of this Act to notify or 
consult with the governing body of an affected Indian tribe where a 
site is located, the Secretsay shall also notify or consult with, as the 
case may be, the Governor of the State in which such reservation is 
located. 
CONSULTATION WITH STATES AND AFFECTED INDIAN TRIBES 
42 use 10137. 
SEC. 117. (a) PROVISION OF INFORMATION.—(1) The Secretary, the 
Commission, and other agencies involved in the construction, oper-
ation, or regulation of any aspect of a repository in a State shall 
provide to the Governor and legislature of such State, and to the 
PUBLIC LAW 97-425—JAN. 7, 1983 
96 STAT. 2223 
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, con-
struction, operation, regulation, or decommissioning of such reposi-
tory. 
(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 subtitle, 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 112(c), and in 
subsequently developing and loading 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 subtitle, the Secretary shall take 
such concerns into account to the maximum extent feasible and as 
specified in written agreements entered into under subsection (c). 
(c) WRITTEN AGREEMENT.—Not later than 60 days after (1) the 
approval of a site for site characterization for such a repository 
under section 112(c), or (2) the written request of the State or Indian 
tribe in any affected State notified under section 116(a) to the 
Secretary, whichever, 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 boidy of any affected Indian tribe, 
setting forth (but not limited to) the procedures under which the 
requirements of subsections (a) and (b), and the provisions of such 
written agreement, shall be carried out. Any such written agree-
ment shall not affect the authority of the Commission under exist-
ing law. Each such written agreement shall, to the maximum extent 
feasible, be completed not later than 6 months after such notifica-
tion. 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 
Information 
request, 
response. 
Report to 
Congress. 
Report, review 
and comments. 
96 STAT. 2224 
PUBLIC LAW 97-425—JAN. 7, 1983 
Review and 
modification. 
Report. 
Transportation 
of radioactive 
waste and spent 
nuclear fuel, 
State 
notification. 
Monitoring and 
testing. 
report prior to submission to the Congress. 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, com-
ment on, and make recommendations with regard to the possi-
ble public health and safety, environmental, social, and eco-
nomic impacts of any such repositoir; 
(2) by which the Secretary shall consider and respond to 
comments and recommendations made by such State or govern-
ing 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 116(c) or section 118(b), 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 reposi-
tory 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 pre-
paredness and emergency response, monitoring of transporta-
tion of high-level radioactive waste and spent nuclear fuel 
through such State, conduct of baseline health studies of inhabi-
tants in neighboring communities near the repository site and 
reasonable periodic monitoring thereafter, and monitoring of 
the repository site upon any decommissioning and decontamina-
tion; 
(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 evalu-
ation, 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 monitor-
ing 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, con-
struction, operation, or closure of such a facility within such 
State through negotiation, arbitration, or other appropriate 
mechanisms. 
PUBLIC LAW 97-425—JAN. 7, 1983 
96 STAT. 2225 
PARTICIPATION OF INDIAN TRIBES 
SEC. 118. (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 IncQan tribe may disapprove the site designation and submit to 
the Congress a notice of msapproval. 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 recom-
mends such site to the Congress under section 114. 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 repositonr site involved. 
(b) F^ANCiAL ASSISTANCE.—(1) The Secretary shall make grants 
to each affected tribe notified under section 116(a) for the purpose of 
participating in activities required by section 117 or authorized by 
written agreement entered into pursuant to section 117(c). Any 
salary or travel expense that would ordinarily be incurred by such 
tribe, may not be considered eligible for funding under this para-
graph. 
(2KA) The Secretary shall make grants to each affected Indian 
tribe where a candidate site for a repository is approved under 
section 112(c). 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 subtitle 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 para-
graph (2); 
(iii) to engage in any monitoring, testing, or evaluation activi-
ties 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 subtitle 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) Tiie Secretary shall provide financial and technical assist-
ance 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 develop-
ment of such repository. Such assistance to such Indian tribe shall 
'^mmence withm 6 months following the granting by the Commis-
Notice of 
disapproval, 
submittal to 
Congress 
42 u s e 10138. 
Grants. 
96 STAT. 2226 
PUBLIC LAW 97-425—JAN. 7, 1983 
Report 
submittal. 
Grants, 
limitation. 
Funding. 
sion of a construction authorization for such repository and follow-
ing the initiation of construction activities at such site. 
(B) Any affected Indian tribe desiring assistance under this para-
graph 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 charac-
terization 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 agree-
ment 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 112(c) 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 reser-
vation. Such grants shall continue until such time as all such 
activities, development, and operation are terminated at such site. 
(5) 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 
115; or 
(iii) the date on which the Commission disapproves an applica-
tion for a construction authorization for a repository at such 
site; 
whichever occurs first, unless there is another candidate site on the 
reservation of such Indian tribe that is approved under section 
112(c) 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 assist-
ance under paragraph (2) with respect to a site if repository con-
struction 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. 
PUBLIC LAW 97-425—JAN. 7, 1983 
96 STAT. 2227 
(6) Financial assistance authorized in this subsection shall be 
made out of amounts held in the Nuclear Waste Fund established in 
section 302. 
^««^' P- 2257. 
JUDICIAL REVIEW OF AGENCY ACTIONS 
SEC. 119. (a) JURISDICTION OF UNITED STATES COURTS OF APPEALS.— 
42 use 10139. 
(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 subtitle; 
(B) alleging the failure of the Secretary, the President, or the 
Commission to make any decision, or take any action, required 
under this subtitle; 
(C) challenging the constitutionality of any decision made, or 
action taken, under any provision of this subtitle; 
(D) for review of any environmental impact statement pre-
pared pursuant to the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) with respect to any action under 
this subtitle, or as required under section 135(cXl), or alleging a 
failure to prepare such statement with respect to emy such 
action; 
(E) for review of any environmental assessment prepared 
under section 112(bXl) or 135(cX2); or 
(F) for review of any research and development activity under 
title IL 
Post, p. 2245. 
(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) DEADUNE FOR COMMENCING ACTION.—A civil action for judicial 
review described under subsection (aXD may be brought not later 
than the 180th day after the date of the decision or action or failure 
to act involved, £is 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. 
EXPEDITED AUTHORIZATIONS 
SEC. 120. (a) ISSUANCE OF AUTHORIZATIONS.—(1) To the extent that 
42 use ioi40. 
the taking of any action related to the site characterization of a site 
or the construction or initial operation of a repository under this 
subtitle 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 provi-
sions of law administered by such agency or officer. AH actions of a 
Federal agency or officer with respect to consideration of applica-
tions 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. 
97-200 O—84—pt. 2 
28 : QL3 
96 STAT. 2228 
PUBLIC LAW 97-425~JAN. 7, 1983 
(2) The provisions of paragraph (1) shall not apply to any certifi-
cate, 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) shall include such terms and 
conditions as may be required by law, and may include terms and 
conditions permitted by law. 
CERTAIN STANDARDS AND CRITERIA 
42 use 10141. 
SEC. 121. (a) ENVIRONMENTAL PROTECTION AGENCY STANDARDS.— 
Not later than 1 year after the date of the enactment of this Act, the 
Administrator, pursuant to authority under other provisions of law, 
shall, by rule, promulgate generally applicable standards for protec-
tion of the general environment from offsite releases from radioac-
tive material in repositories. 
(b) COMMISSION REQUIREMENTS AND CRITERIA.—(IXA) Not later 
than January 1, 1984, the Commission, pursuant to authority under 
other provisions of law, shall, by rule, promulgate technical require-
ments 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 reposi-
tories; and 
(iii) applications for authorization for closure and decommis-
sioning 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 radioac-
tive waste and spent fuel emplaced in the repository as the Commis-
sion deems appropriate. 
(C) Such requirements and criteria shall not be inconsistent with 
any comparable standards promulgated by the Administrator under 
subsection (a). 
(2) For purposes of this Act, nothing in this section shall be 
construed to prohibit the Commission from promulgating require-
ments and criteria under paragraph (1) before the Administrator 
promulgates standards under subsection (a). If the Administrator 
promulgates standards under subsection (a) 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 (IXC). 
(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(2XC) of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4332(2XC)), or to require any 
environmental review under subparagraph (E) or (F) of section 
102(2) of such Act. 
DISPOSAL OF SPENT NUCLEAR FUEL 
42 use 10142. 
SEC. 122. Notwithstanding any other provision of this subtitle, any 
repository constructed on a site approved under this subtitle shall be 
designed and constructed to permit the retrieval of any spent 
PUBLIC LAW 97-425—JAN. 7, 1983 
96 STAT. 2229 
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 permit-
ting 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 con-
struction authorization process under subsections (b) through (d) of 
section 114. 
TITLE TO MATERIAL 
SEC. 123. Delivery, and acceptance by the Secretary, of any high- 
42 use 10143. 
level radioactive waste or spent nuclear fuel for a repository 
constructed under this subtitle shall constitute a transfer to the 
Secretary of title to such waste or spent fuel. 
CONSIDERATION OF EFFECT OF ACQUISITION OF WATER RIGHTS 
SEC. 124. The Secretary shall give full consideration to whether 
42 use 10144. 
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 develop-
ment of the area in which such repository is located. The Secretary 
shall mitigate any such adverse effects to the maximum extent 
practicable. 
TERMINATION OF CERTAIN PROVISIONS 
SEC. 125. Sections 119 and 120 shall cease to have effect at such 
42 use ioi45. 
time as a repository developed under this subtitle is licensed to 
receive and possess high-level radioactive waste and spent nuclear 
fuel. 
SUBTITLE B—INTERIM STORAGE PROGRAM 
FINDINGS AND PURPOSES 
SEC. 131. (a) FINDINGS.—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 encour-
age 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 subtitle, 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 
42 use 10151. 
96 STAT. 2230 
PUBLIC LAW 97-425—JAN. 7, 1983 
reactors when needed to assure the continued, orderly operation 
of such reactors. 
Ob) PURPOSES.—The purposes of this subtitle 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 subti-
tle, 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. 
AVAILABLE CAPACITY FOR INTERIM STORAGE OP SPENT NUCLEAR FUEL 
42 use 10152. 
SEC 132. The Secretary, the Commission, and other authorized 
Federal officials shall each take such actions as such official consid-
ers necessary to encourage and expedite the effective use of availa-
ble 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. 
Licensing 
procedures. 
42 u s e 10153. 
INTERIM AT REACTOR STORAGE 
SEC. 133. The Commission shall, by rule, establish procedures for 
the licensing of any technology approved by the Commission under 
section 219(a) 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 Commis-
sion 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. 
U C E N S I N G O F FACILITY EXPANSIONS AND TRANSSHIPMENTS 
42 use 10154. 
SEC. 134. (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 the date of the enactment of this Act, 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 
PUBLIC LAW 97-425—JAN. 7, 1983 
96 STAT. 2231 
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), 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 introduc-
tion 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 oper-
ation of any civilian nuclear power reactor already licensed 
to operate at such site, or any civilian nuclear power reac-
tor 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 oper-
ation of the facility or activity for which such license 
application, authorization, or amendment is being consid-
ered; 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 nu-
clear power reactor at such site, unless (I) such issue results 
from any revision of siting or design criteria by the Com-
mission 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 amend-
ment is being considered. 
(3) The provisions of paragraph (2XB) shall apply only with respect 
to licenses, authorizations, or amendments to licenses or authoriza-
tions, 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. 
Summary 
submittal of 
facts, data and 
arguments. 
96 STAT. 2232 
PUBLIC LAW 97-425—JAN. 7, 1983 
(c) JUDICIAL REVIEW.—No court shall hold unlawful or set aside a 
decision of the Commission in any proceeding described in subsec-
tion (a) 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 objec-
tion; 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. 
STORAGE OF SPENT NUCLEAR FUEL 
42 use 10155. 
SEC. 135. (a) STORAGE CAPACITY.—(1) Subject to section 8, the 
Ante, p. 2205. 
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 the date of the enactment of this 
Act, 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) require the prepa-
ration of an environmental impact statement under section 
102(2X0 of the National Environmental Policy Act of 1969 
(42 U.S.C. 4332(2XC)), such facility is already being used, or 
has previously been used, for such storage or for any simi-
lar 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 the date of enactment of 
this Act; 
(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 consider-
ation for development as a repository. 
(3) In selecting methods of providing storage capacity under para-
graph (1), the Secretary shall consider the timeliness of the avail-
ability of each such method and shall seek to minimize the transpor-
tation of spent nuclear fuel, the public health and safety impacts, 
and the costs of providing such storage capacity. 
PUBLIC LAW 97-425—JAN. 7, 1983 
96 STAT. 2233 
(4) In providing storage capacity through any method described in 
paragraph (1), the Secretary shall comply with any applicable re-
quirements for licensing or authorization of such method, except as 
provided in paragraph (IXAXi). 
(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 136(a), and shall accept upon request any spent nuclear fuel 
as covered under such contracts. 
(6) For purposes of paragraph (IXA), the term "facility" means 
"Facility." 
any building or structure. 
(b) CONTRACTS.—(1) Subject to the capacity limitation established 
in subsections (a) (1) and (d), the Secretary shall offer to enter into, 
and may enter into, contracts under section 136(a) 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 gmd 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 reac-
tor owned by such person. 
(2) In making the determination described in paragraph (IXA), 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 capa-
bility 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) 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(2X0). 
(2XA) The Secretary shall prepare, and make available to the 
Public 
public, an environmental assessment of the probable impacts of any 
availability. 
96 STAT. 2234 
PUBLIC LAW 97-425—JAN. 7, 1983 
Judicial review. 
5 u s e 701 et seq. 
provision of less than 300 metric tons of storage capacity at any one 
Federal site under subsection (a)(1)(A) that requires the modification 
or expansion of any facility at the site, and a discussion of alterna-
Environmental 
tive activities that may be undertaken to avoid such impacts. Such 
assessment. 
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 informa-
tion 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 provid-
ing 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, United States Code. 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 119. 
(d) REVIEW OF SITES AND STATE PARTICIPATION.—(1) In carrying 
out the provisions of this subtitle with regard to any interim storage 
of spent fuel from civilian nuclear power reactors which the Secre-
tary is authorized by section 135 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 accept-
able site or facility for such interim storage of spent fuel of his 
intention to investigate that site or facility. 
Investigation. 
(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 agree-
ment 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 
PUBLIC LAW 97-425—JAN. 7, 1983 
96 STAT. 2235 
for the interim storage of spent fuel from civilian nuclear power 
reactors. Public participation in the negotiation of such an agree-
ment shall be provided for and encouraged by the Secretary, the 
State, and the affected Tribal Council. The Secretary, in cooperation 
with the States and Indiem tribes, shall develop and publish mini-
mum 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 stor-
age 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 arbitra-
tion 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, modifica-
tion, 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 notifi-
cation 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 Con-
gress on the status of negotiations of such agreement by the Secre-
tary 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) at any one site, the 
Secretary shall notify the Governor and legislature of the State 
yvhere 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 govern-
ing 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 
Guidelines. 
Cooperative 
agreement. 
"Process of 
consultation and 
cooperation." 
Report to 
Congress. 
96 STAT. 2236 
PUBLIC LAW 97-425—JAN. 7, 1983 
Notice of 
disapproval, 
submittal to 
Congress. 
Ante, p. 2217. 
"Resolution." 
"Affected Tribal 
Council." 
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 explain-
ing 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 
subtitle to the Governor or legislature of such State shall be consid-
ered 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 approv-
ing such proposed provision of storage capacity in accordance with 
the procedures established in this paragraph and subsections (d) 
through (f) of section 115 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 ap-
proved 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 govern-
ing 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 115 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 reserva-
tion 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 substan-
tially and adversely affected by the establishment of any such 
storage capacity. 
PUBLIC LAW 97-425—JAN. 7, 1983 
96 STAT. 2237 
(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 Act 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 the date of the enact-
ment of this Act. 
(g) CRITERIA FOR DETERMINING ADEQUACY OF AVAILABLE STORAGE 
CAPACITY.—Not later than 90 days after the date of the enactment of 
this Act, the Commission pursuant to section 553 of the Administra-
tive Procedures Act, shall propose, by rule, procedures and criteria 
5 use 553. 
for making the determination required by subsection 0>) that a 
person owning and operating a civilian nuclear power reactor 
cannot reasonably provide adequate spent nuclear fuel storage ca-
pacity at the civilian nuclear power reactor site when needed to 
ensure the continued orderly operation of such reactor. Such crite-
ria shall ensure the maintenance of a full core reserve storage 
capability at the site of such reactor unless the Commission deter-
mines 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, techni-
cal, regulatory, and public health and safety factors, through the use 
of high-density fuel storage racks, fuel rod compaction, transship-
ment 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 Act shall be construed to encourage, authorize, or 
require the private or Federal use, purchase, lease, or other acquisi-
tion of any storage facility located away from the site of any civilian 
nuclear power reactor and not owned by the Federal Government on 
the date of the enactment of this Act. 
(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 re-
search and development program authorized in section 217 from 
spent nuclear fuel received by the Secretary for storage under this 
section. Such spent nuclear fuel shall not be subject to the provi-
sions of subsection (e). 
INTERIM STORAGE FUND 
SEC. 136. (a) CONTRACTS.—(1) During the period following the date 
42 use 10156. 
of the enactment of this Act, 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 subtitle: Provided, however. That the 
Secretary shall not enter into contracts for spent nuclear fuel in 
96 STAT. 2238 
PUBLIC LAW 97-425—JAN. 7, 1983 
Study; report to 
Congress. 
Publication in 
Federal 
Register. 
Fees. 
amounts in excess of the available storage capacity specified in 
section 135(a). Those contracts shall provide that the Federal Gov-
ernment 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 pajnnent 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 the date of the enactment of this Act, submit to the 
Congress a report, establishing pasrment charges that shall be calcu-
lated on an annual basis, commencing on or before January 1,1984. 
Such pajnnent charges and the calculation thereof shall be pub-
lished 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 subtitle 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 subtitle with respect to such person, including 
the acquisition, construction, operation, and maintenance of any 
facilities under this subtitle. 
(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 £is provided in section 137, nothing in this or any other 
Act requires the Secretary, in canying 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, United States Code, may be stored by the Secretary in any 
storage capacity provided under this subtitle unless such depart-
ment 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) EsTABUSHMENT O
F INTERIM S
T
O
R
A
G
E 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 o
f
— 
(1) all receipts, proceeds, and recoveries realized by the Secre-
tary under subsections (a), (b), and (e), which shall be deposited 
in the Storage Fund immediately upon their realization; 
(2) any appropriations made by the Congress to the Storage 
Fund; and 
PUBLIC LAW 97-425—JAN. 7, 1983 
96 STAT. 2239 
(3) any unexpended balances available on the date of the 
enactment of this Act 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 expendi-
tures from the Storage Fund, subject to subsection (e), 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 subtitle, including— 
(1) the identification, development, licensing, construction, 
operation, decommissioning, and post-decommissioning mainte-
nance and monitoring of any interim storage facility provided 
under this subtitle; 
(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 in-
terim storage site, consistent with the restrictions in section 
135; 
(4) the cost of transportation of spent nuclear fuel; and 
(5) impact assistance as described in subsection (e). 
(e) IMPACT ASSISTANCE.—(1) Beginning the first fiscal year which Payments. 
commences after the date of the enactment of this Act, the Secre-
tary 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 boundaries of such government or governments and 
authorized under this subtitle: 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 govern-
ment 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 title, and (iv) compensa-
tion 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. 
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). 
(5) The Secretary is authorized to consult with States and appro-
priate units of local government in advance of commencement of 
establishment of storage capacity authorized under this subtitle 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" 
"Unit of local 
means a county, parish, township, municipality, and shall include a government." 
96 STAT. 2240 
PUBLIC LAW 97-425—JAN. 7, 1983 
Report to 
Congress. 
Budget 
submittal. 
Ante, p. 907. 
Ante, p. 927. 
borough existing in the State of Alaska on the date of the enactment 
of this subsection, 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, United States Code. 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. Appro-
priations 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 obliga-
tions 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 provi-
sions of subchapter II of chapter 15 of title 31, United States Code. 
(5) If at any time the moneys available in the Storage Fund are 
insufficient to enable the Secretary to discharge his responsibilities 
under this subtitle, 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 maturi-
ties 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 
PUBLIC LAW 97-425—JAN. 7, 1983 
96 STAT. 2241 
title 31, United States Code, and the purposes for which securities 
may be issued under such Act 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) shall be repaid into the general 
fund of the Treasury, together with interest from the date of avail-
ability of the appropriations until the date of repajnnent. 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 pa3nnents so deferred shall themselves 
bear interest. 
SEC. 137. (a) TRANSPORTATION.—(1) Transportation of spent 
nuclear fuel under section 136(a) shall be subject to licensing and 
regulation by the Commission and by the Secretary of Transporta-
tion 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 Act, shall utilize by contract private indus-
try to the fullest extent possible in each aspect of such transporta-
tion. The Secretary shall use direct Federal services for such trans-
portation only upon a determination of the Secretary of Transporta-
tion, in consultation with the Secretary, that private industry is 
unable or unwilling to provide such transportation services at rea-
sonable cost. 
Ante, p. 937. 
Interest 
payments. 
Deferral. 
42 u s e 10157. 
SUBTITLE C—MONITORED RETRIEVABLE STORAGE 
MONITORED RETRIEVABLE STORAGE 
SEC. 141. (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 con-
struction 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 Act should proceed 
42 u s e 10161. 
96 STAT. 2242 
PUBLIC LAW 97-425—JAN. 7, 1983 
Consultations. 
Environmental 
assessment. 
regardless of any construction of a monitored retrievable stor-
age 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 facili-
ties for high-level radioactive waste and spent nuclear fuel. Each 
such facility shall be designed— 
(A) to accommodate spent nuclear fuel and high-level radioac-
tive waste resulting from civilian nuclear activities; 
(B) to permit continuous monitoring, management, and main-
tenance 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 suf-
ficient to (i) solicit bids for the construction of the first such 
facility; (ii) support congressional authorization of the construc-
tion 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 Act. 
(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 pro-
posal 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 (b)(1). The Secretary shall recommend the combination 
among the alternatives that the Secretary deems preferable. The 
environmental assessment under subsection (c) 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 state-
ment 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, an environmental assessment with respect to such pro-
posal. Such environmental assessment shall be based upon available 
PUBLIC LAW 97-425—JAN. 7, 1983 
96 STAT. 2243 
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), specifically authorizes con-
struction of a monitored retrievable storage facility, the require-
ments 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)-
(d) LICENSING.—Any facility authorized pursuant to this section 
shall be subject to licensing under section 202(3) of the Energy 
Reorganization Act of 1974 (42 U.S.C. 5842(3)). 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). 
(e) CLARIFICATION.—Nothing in this section limits the considera-
tion of alternative facility designs consistent with the criteria of 
paragraph (b)(1) in any environmental impact statement, or in any 
licensing procedure of the Commission, with respect to any moni-
tored, 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 sub-
section (b), 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 302(c) and 
shall be available only to the extent provided in advance in appro-
priation 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 devel-
oped pursuant to this section may be constructed in any State in 
which there is located any site approved for site characterization 
under section 112. The restriction in the preceding sentence shall 
Submittal to 
Congress. 
Payments. 
Regulations. 
Consultations. 
Ante, p. 2208. 
96 STAT. 2244 
PUBLIC LAW 97-425—JAN. 7, 1983 
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 
Ante, pp. 2217, 
of sections 115, 116(a), 116(b), 116(d), 117, and 118. For purposes of 
2220, 2222, 2225. carr3dng out the provisions of this subsection, any reference in 
sections 115 through 118 to a repository shall be considered to refer 
to a monitored retrievable storage facility. 
SUBTITLE D—LOW-LEVEL RADIOACTIVE WASTE 
FINANCIAL ARRANGEMENTS FOR LOW-LEVEL RADIOACTIVE WASTE SITE 
CLOSURE 
42 use 10171. 
SEC 151. (a) FINANCIAL ARRANGEMENTS.—(1) The Commission 
shall establish by rule, regulation, or order, after public notice, and 
in accordance with section 181 of the Atomic Energy Act of 1954 (42 
U.S.C. 2231), 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 ade-
quate bond, surety, or other financial arrangement (as determined 
by the Commission) will be provided by a licensee to permit comple-
tion 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 wsiste. Such financial arrangements shall be pro-
vided and approved by the Commission, or, in the case of sites 
within the boundaries of any agreement State under section 274 of 
the Atomic Energy Act of 1954 (42 U.S.C. 2021), 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 the 
date of the enactment of this Act, 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 neces-
sary to ensure that any necessary long-term maintenance or moni-
toring 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); 
(B) such title and custody will be transferred to the Secretary 
without cost to the Federal Government; and 
PUBLIC LAW 97-425—JAN. 7, 1983 
96 STAT. 2245 
(C) Federal ownership and management of such site is neces-
sary 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 h£is 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. 
TITLE II—RESEARCH, DEVELOPMENT, AND DEMONSTRA-
TION REGARDING DISPOSAL OF HIGH-LEVEL RADIOAC-
TIVE WASTE AND SPENT NUCLEAR FUEL 
PURPOSE 
SEC. 211. It is the purpose of this title— 
42 use 10191. 
(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 title— 
(A) to provide for the construction, operation, and mainte-
nance of a deep geologic test and evaluation facility; and 
(B) to provide for a focused and integrated high-level 
radioactive w£iste and spent nuclear fuel research and de-
velopment program, including the development of a test 
and evaluation facility to carry out research and provide an 
integrated demonstration of the technology for deep geo-
logic disposal of high-level radioactive waste, and the devel-
opment 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. 
APPUCABILITY 
SEC. 212. The provisions of this title are subject to section 8 and 
42 use 10192. 
shall not apply to facilities that are used for the disposal of high- 
Ante, p. 2205. 
level radioactive waste, low-level radioactive waste, transuranic 
waste, or spent nuclear fuel resulting from atomic energy defense 
activities. 
IDENTIFICATION OF SITES 
SEC. 213. (a) GUIDEUNES.—Not later than 6 months after the date 
42 use 10193. 
of the enactment of this Act 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 Geological Survey, the Administrator, the Council on Environ-
96 STAT. 2246 
PUBLIC LAW 97-425—JAN. 7, 1983 
mental Quality, and such other Federal agencies as the Secretary 
considers appropriate, is authorized to issue, pursuant to section 553 
of title 5, United States Code, 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, hydrogeo-
physics, seismic activity, and atomic energy defense activities, prox-
imity 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 title. 
(b) SITE IDENTIFICATION BY THE SECRETARY.—(1) Not later than 1 
year after the date of the enactment of this Act, and following 
promulgation of guidelines under subsection (a), 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 geo-
chemical characteristics that retard aqueous transport of radionu-
clides. 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 the date of the enactment of this 
Act 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 title. 
Environmental 
Each identification of a site shall be supported by an environmental 
assessment. 
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); 
(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 
PUBLIC LAW 97-425—JAN. 7, 1983 
96 STAT. 2247 
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 evalu-
ation facility authorized in section 302(d) may be identified after 
such 1 year period, following the same procedure as if such sites had 
been identified within such period. 
SITING RESEARCH AND RELATED ACTIVITIES 
SEC. 214. (a) IN GENERAL.—Not later than 30 months after the 
42 use 10194. 
date on which the Secretary completes the identification of sites 
under section 213, 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 218. 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 evalua-
tion facility authorized in section 302(d) 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 213, 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 218 with respect 
to a test and evaluation facility, in conducting siting research 
activities pursuant to subsection (a)— 
(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 302 for the 
disposal of such material. 
TEST AND EVALUATION FACILITY SITING REVIEW AND REPORTS 
SEC. 215. (a) C!ONSULTATION AND COOPERATION.—The Governor of a 
State, or the governing body of an affected Indian tribe, notified of a 
site identification under section 213 shall have the right to partici-
pate in a process of consultation and cooperation as soon as the site 
involved has been identified pursuant to such section and through-
out 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— 
42 u s e 10195. 
"Process of 
consultation and 
cooperation." 
96 STAT. 2248 
PUBLIC LAW 97-425—JAN. 7, 1983 
(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 objec-
tions 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 unreason-
ably 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 Gov-
ernor or governing body, including the period in which the 
Secretary shall so respond; 
(3) the documents the Department is to submit to such Gover-
nor 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 Gover-
nor or governing body may review or modify the agreement 
periodically; and 
(5) procedures for public notification of the procedures speci-
fied under subparagraphs (A) through (D). 
(c) LIMITATION.—Except as specifically provided in this section, 
nothing in this title 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. 
FEDERAL 
AGENCY 
ACTIONS 
42 use 10196. 
SEC. 216. (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 
title and the mission plan under section 301. 
O
b
) ENVIRONMENTAL REVIEW.—(1) No action of the Secretary or 
any other Federal agency required by this title or section 301 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(2X0 of the Environmental Policy Act of 1969 (42 
PUBLIC LAW 97-425—JAN. 7, 1983 
96 STAT. 2249 
U.S.C. 4332(2X0), or to require the preparation of environmental 
reports, except as otherwise specifically provided for in this title. 
(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.). 
RESEARCH AND DEVELOPMENT ON DISPOSAL OF HIGH-LEVEL 
RADIOACTIVE WASTE 
SEC. 217, (a) PURPOSE.—Not later than 64 months after the date of 
the enactment of this Act, the Secretary is authorized to, to the 
extent practicable, begin at a site evaluated under section 214, 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 characteriza-
tion 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 resolv-
ing potential repository licensing issues that could not be 
resolved during the siting research program conducted under 
section 212; 
(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 compo-
nents 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 214 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 canis-
ters 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 condi-
tions; 
(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 activi-
ties; 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 
42 u s e 10197. 
Environmental 
assessment. 
96 STAT. 2250 
PUBLIC LAW 97-425—JAN. 7, 1983 
initial isolation is provided by engineered barriers functioning 
as a system with the geologic environment. 
Testing. 
(c) OPERATION.—(1) Not later than 88 months after the date of the 
enactment of this Act, the Secretary shall begin an in situ testing 
program at the test and evaluation facility in accordance with the 
mission plan developed under section 301, for purposes of— 
(A) conducting in situ tests of bore hole sealing, geologic 
media fracture sealing, and room closure to establish the tech-
niques 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 radionu-
clide migration, absorption, and containment within the engi-
neered 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 int^rity 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 eflfects of the gross release of 
radionuclides into surroundings, and the effects of various credi-
ble 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 maxi-
mum 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 reason-
ably 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 con-
ducting of siting research activities under section 214 and for such 
period thereafter as the Secretary considers appropriate, the Secre-
tary shall use Department facilities owned by the Federal Govern-
ment on the date of the enactment of this Act for the conducting of 
PUBLIC LAW 97-425—JAN. 7, 1983 
96 STAT. 2251 
generically applicable tests regarding packaging, handling, and em-
placement 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 Act, 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 the 
date of the enactment of this Act, 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 subtitle, for submission by the Secretary 
of, and review by the Commission of and necessary action on— 
(i) the mission plan prepared under section 301; 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 305, the test and evaluation facility, and the 
facilities authorized in section 217, shall be constructed and oper-
ated as research, development, and demonstration facilities, and shall 
not be subject to licensing under section 202 of the Energy Reorgani-
zation Act of 1974 (42 U.S.C. 5842). 
(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 Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) prior 
to conducting tests with radioactive materials at the test and evalua-
tion facility. Such environmental impact statement shall incorpo-
rate, to the extent practicable, the environmental assessment pre-
pared under section 217(a). Nothing in this subsection may be 
construed to limit siting research activities conducted under section 
214. This subsection shall apply only to activities performed exclu-
sively 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) determined 
by the Secretary to be useful in carrying out the purposes of this 
Act. 
96 STAT. 2252 
PUBLIC LAW 97-425—JAN. 7, 1983 
Termination. 
(3) The operation of the test and evaluation facility shall termi-
nate 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 contin-
ued 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 evalua-
tion 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 require-
ment 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. 
RESEARCH AND DEVELOPMENT ON SPENT NUCLEAR FUEL 
42 use 10198. 
SEC. 218. (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 establish-
ing 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 the date of the enactment of this Act, the Secretary shall select 
at least 1, but not more than 3, sites evaluated under section 214 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), 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 encour-
age 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 de-
scribed in subsection (a), 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 doc-
umentation 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 
PUBLIC LAW 97-425—JAN. 7, 1983 
96 STAT. 2253 
and generic licensing documentation, to assist such utility in 
obtaining the construction authorization and appropriate li-
cense from the Commission; and 
(3) the Secretary shall provide generic research and develop-
ment of alternative spent nuclear fuel storage techniques to 
enhance utility-provided, at-reactor storage capabilities, if au-
thorized in any other provision of this Act or in any other 
provision of law. 
(c) DRY STORAGE RESEARCH AND DEVELOPMENT.—(1) The consulta-
tive and technical assistance referred to in subsection (b)(2) 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 the date of the enactment of this Act. 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 135, 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 135. Such spent nuclear fuel shall not be subject to the 
provisions of section 135(e). 
(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), 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 136. 
(e) RELATION TO SPENT NUCLEAR FUEL STORAGE PROGRAM.—The 
spent nuclear fuel storage program authorized in section 135 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 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 con-
cerning (A) the facility involved; (B) any necessary modifica-
tions; (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. 
Report to 
congressional 
committees. 
PAYMENTS TO STATES AND INDIAN TRIBES 
SEC. 219. (a) PAYMENTS.—Subject to subsection (b), the Secretary 
shall make payments to each State or affected Indian tribe that has 
entered into an agreement pursuant to section 215. 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 215 with respect to any site. The amount paid by the 
42 u s e 10199. 
96 STAT. 2254 
PUBLIC LAW 97-425—JAN. 7, 1983 
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 217(h). 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 213, 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) 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) shall other-
wise 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 215. Annual 
payments shall be prorated on a 365-day basis to the specified dates. 
STUDY OF RESEARCH AND DEVELOPMENT NEEDS FOR MONITORED 
RETRIEVABLE STORAGE PROPOSAL 
Report to 
SEC. 220. Not later than 6 months after the date of the enactment 
Congress. 
Qf ^j^jg ^^^^ ^jjg Secretary shall submit to the Congress a report 
42 use 10200. 
describing the research and development activities the Secretary 
considers necessary to develop the proposal required in section 
141(b) with respect to a monitored retrievable storage facility. 
JUDICIAL REVIEW 
42 use 10201. 
SEC. 221. Judicial review of research and development activities 
under this title shall be in accordance with the provisions of section 
Ante, p. 2227. 
119. 
42 use 10202. 
SEC. 222. RESEARCH ON ALTERNATIVES FOR THE PERMANENT 
DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE.—The Secretary shall 
continue and accelerate a program of research, development, and 
investigation of alternative means and technologies for the perma-
nent 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. 
42 u s e 10203. 
Joint notice, 
publication in 
Federal 
Register. 
TECHNICAL ASSISTANCE TO NON-NUCLEAR WEAPON STATES IN THE 
FIELD OF SPENT FUEL STORAGE AND DISPOSAL 
SEC. 223. (a) 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)(1) Within 90 days of enactment of this Act, 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 
PUBLIC LAW 97-425—JAN. 7, 1983 
96 STAT. 2255 
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) 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) With his budget presentation materials for the Department 
and the Commission for fiscal years 1984 through 1989, the Presi-
dent 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) For the purposes of this subsection, 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 Weap-
ons (21 U.S.C. 438). 
(f) Nothing in this subsection shall authorize the Department or 
the Commission to take any action not authorized under existing 
law. 
Joint notice, 
reissuance. 
Expressions of 
interest. 
"Non-nuclear 
weapon state." 
TITLE III—OTHER PROVISIONS RELATING TO RADIOACTIVE 
WASTE 
MISSION PLAN 
SEC. 301. (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 pro-
gram and the research, development, and demonstration programs 
required under this Act. The mission plan shall include— 
(1) an identification of the primary scientific, engineering, 
and technical information, including any necessary demonstra-
tion 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 para-
graph (1) that is not available because of any unresolved scien-
42 use 10221. 
96 STAT. 2256 
PUBLIC LAW 97-425—JAN. 7, 1983 
tific, engineering, or technical questions, or undemonstrated 
engineering or systems integration, a schedule including spe-
cific mmor milestones for the research, development, and tech-
nology demonstration program required under this Act and any 
additional activities to be undertaken to provide such informa-
tion, 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 Act, the 
plans of the Secretary to resolve such problems, and recommen-
dations 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; 
Ante, p. 2208. 
(6) the guidelines issued under section 112(a); 
(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 exca-
vations, plans for onsite testing with radioactive or nonradioac-
tive material, plans for any investigations activities which may 
affect the capability of any such site to isolate high-level radio-
active 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 £is 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 descrip-
tion 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 reprocess-
ing 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 
PUBLIC LAW 97-425—JAN. 7, 1983 
96 STAT. 2257 
Publication in 
Federal 
Register. 
Public 
inspection and 
agency 
comments. 
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 
Act; 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 the date of the enactment of this Act, 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 Roister of the submission of the 
mission plan and of its availability fbr public inspection, and, upon 
receipt of any comments of such agencies respecting the mission 
plan, the Secretary shall publish a notice in the Federal Raster 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 Roister 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 the date of the enactment of this Act. 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. 
NUCLEAR WASTE FUND 
SEC. 302. (a) CONTRACTS.—(1) In the performance of his functions 
42 use 10222. 
under this Act, the Secretary is authorized to enter into contracts 
with any person who generates or holds title to high-level radioac-
tive waste, or spent nuclear fuel, of domestic origin for the accept-
ance of title, subsequent transportation, and disposal of such waste 
or spent fuel. Such contracts shall provide for payment to the Fees. 
Secretary of fees pursuant to paragraphs (2) and (3) sufficient to 
offset expenditures described in suteection (d). 
(2) For electricity generated by a civilian nuclear power reactor 
and sold on or after the date 90 days after the date of enactment of 
this Act, the fee under paragraph (1) shall be equal to 1.0 mil per 
kilowatt-hour. 
Plan submittal 
to congressional 
committees. 
96 STAT. 2258 
PUBLIC LAW 97-425—JAN. 7, 1983 
Fees. 
Ante, p. 2229. 
Collection and 
payment 
procedures. 
Review. 
Transmittal to 
Congress. 
42 u s e 6421. 
Disposal 
services, terms 
and conditions. 
License renewal 
or issuance. 
(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 the date of enactment of 
this Act, 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 123, 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) 126(b). In 
paying such a fee, the person delivering spent fuel, or solidified 
high-level radioactive wastes derived therefrom, to the Federal Gov-
ernment 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 the date of enactment of this Act, 
the Secretary shall establish procedures for the collection and pay-
ment 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) herein. 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), the Secretary shall propose an adjust-
ment to the fee to insure full cost recovery. The Secretary shall 
immediately transmit this proposal for such an adjustment to Con-
gress. 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 disapprov-
ing the Secretary's proposed adjustment in accordance with the 
procedures set forth for congressional review of an energy action 
under section 551 of the Energy Policy and Conservation Act. 
(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 subtitle. 
(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 103 or 104 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2133, 2134) unless— 
PUBLIC LAW 97-425—JAN. 7, 1983 
96 STAT. 2259 
(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 103 or 104 of the Atomic Energy Act of 1954 (42 U.S.C. 
2133, 2134) 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, United States Code) may be disposed of by the 
Secretary in any repository constructed under this Act 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, United States Code, may be disposed of 
by the Secretary in any repository constructed under this Act 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 wgiste or spent fuel were generated by any other person. 
(c) EsTABUSHMENT OP 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 Secre-
tary under subsections (a), (b), and (e), 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 the date of the 
enactment of this Act 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), only for purposes of 
radioactive waste disposal activities under titles I and II, includ-
ing— 
(1) the identification, development, licensing, construction, 
operation, decommissioning, and post-decommissioning mainte-
nance and monitoring of any repository, monitored, retrievable 
storage facility or test and evaluation facility constructed under 
this Act; 
Disposal of 
radioactive 
waste or spent 
nuclear fuel. 
Ante, pp. 2206, 
2245. 
97-200 O—84—pt. 2 
29 : QL3 
96 STAT. 2260 
PUBLIC LAW 97-425—JAN. 7, 1983 
Ante, pp. 2220, 
2225, 2253. 
Report to 
Congress. 
Budget 
submittal. 
Ante, p. 907. 
Ante, p. 927. 
(2) the conducting of nongeneric research, development, and 
demonstration activities under this Act; 
(3) the administrative cost of the radioactive waste disposal 
program; 
(4) any costs that may be incurred by the Secretary in connec-
tion 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, retrievable storage site 
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, retrievable storage site or a test 
and evaluation facility site and necessary or incident to such 
repository, monitored, retrievable storage facility or test and 
evaluation facility; and 
(6) the provision of assistance to States, units of general local 
government, and Indian tribes under sections 116, 118, and 219. 
No amount may be expended by the Secretary under this subtitle for 
the construction or expansion of any facility unless such construc-
tion 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 condi-
tion 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, United States Code. 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. Appro-
priations 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 obliga-
tions 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 provi-
sions of subchapter II of chapter 15 of title 31, United States Code. 
PUBLIC LAW 97-425—JAN. 7, 1983 
96 STAT. 2261 
(5) If at any time the moneys available in the Waste Fund are 
insufficient to enable the Secretary to discharge his responsibilities 
under this subtitle, 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 maturi-
ties 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, United States Code, and the purposes for which securities 
Ante, p. 937. 
may be issued under such Act 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 Tresisury 
of obligations under this paragraph shall be treated as public debt 
transactions of the United States. 
C6) Any appropriations made available to the Waste Fund for any 
interest 
purpose described in subsection (d) shall be repaid into the general 
payments. 
fund of the Treasury, together with interest from the date of avail-
ability 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 
Deferral. 
payments may be deferred with the approval of the Secretary of the 
Treasury, but any interest payments so deferred shall themselves 
bear interest. 
ALTERNATIVE MEANS OF FINANCING 
SEC. 303. The Secretary shall undertake a study with respect to 
Study. 
alternative approaches to managing the construction and operation 
^2 use 10223. 
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 contain- 
Report to 
ing the results of such study shall be submitted to the Congress, Congress. 
within 1 year after the date of the enactment of this Act. 
OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT 
SEC. 304. (a) ESTABLISHMENT.—There hereby is established within 
the Department of Energy an Office of Civilian Radioactive Waste 
42 u s e 10224. 
96 STAT. 2262 
PUBLIC LAW 97-425—JAN. 7, 1983 
Report to 
Congress. 
42 u s e 10225. 
Ante, p. 2206. 
Ante, p. 2217. 
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, 
United States Code. 
(b) FUNCTIONS OF DIRECTOR.—The Director of the Office shall be 
responsible for carrying out the functions of the Secretary under 
this Act, 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) ANNUAL AUDIT BY COMPTROLLER GENERAL.—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 prepara-
tion of such audit. The Comptroller General shall submit to the 
Congress a report on the results of each audit conducted under this 
section. 
LOCATION OF TEST AND EVALUATION FACIUTY 
SEC. 305. (a) REPORT TO CONGRESS.—Not later than 1 year after the 
date of the enactment of this Act, 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 title I 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 Commis-
sion of a construction authorization for a repository at the site 
involved. 
(2) No test and evaluation facility may be converted into a reposi-
tory unless site selection and development of such facility was 
conducted in accordance with the procedures and requirements 
established in title I with respect to the site selection and develop-
ment of respositories. 
(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 115. 
Regulations or 
guidance. 
42 u s e 10226. 
NUCLEAR REGULATORY COMMISSION TRAINING AUTHORIZATION 
SEC. 306. NUCLEAR REGULATORY COMMISSION TRAINING AUTHORI-
ZATION.—The Nuclear Regulatory Commission is authorized and 
directed to promulgate regulations, or other appropriate Commis-
sion 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 re-
PUBLIC LAW 97-425—JAN. 7, 1983 
96 STAT. 2263 
qualification programs; requirements governing NRC administra-
tion 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 Report to 
shall be promulgated by the Commission within the 12-month period Congress. 
following enactment of this Act, and the Commission within the 12-
month period following enactment of this Act shall submit a report 
to Congress setting forth the actions the Commission has taken with 
respect to fulfilling its obligations under this section. 
Approved January 7, 1983. 
LEGISLATIVE HISTORY—H.R. 3809: 
HOUSE REPORT No. 97-491 pt.l (Coram, on Interior and Insular Affairs) and pt. 2 
(Coram, on Armed Services). 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
Sept. 30, Nov. 29, 30, Dec. 2, considered and passed House. 
Dec. 20, considered and passed Senate, amended; House agreed to Senate 
amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 19, No. 1 (1983): 
Jan. 7, Presidential statement.