42 USC Ch. 108: Front Matter
From Title 42-THE PUBLIC HEALTH AND WELFARECHAPTER 108-NUCLEAR WASTE POLICY
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CHAPTER 108-NUCLEAR WASTE POLICY
Sec.
10101.
Definitions.
10102.
Separability.
10103.
Territories and possessions.
10104.
Ocean disposal.
10105.
Limitation on spending authority.
10106.
Protection of classified national security information.
10107.
Applicability to atomic energy defense activities.
(a)
Atomic energy defense activities.
(b)
Evaluation by President.
(c)
Applicability to certain repositories.
10108.
Applicability to transportation.
SUBCHAPTER I-DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE, SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE WASTE
10121.
State and affected Indian tribe participation in development of proposed repositories for defense waste.
(a)
Notification to States and affected Indian tribes.
(b)
Participation of States and affected Indian tribes.
Part A-Repositories for Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel
10131.
Findings and purposes.
10132.
Recommendation of candidate sites for site characterization.
(a)
Guidelines.
(b)
Recommendation by Secretary to President.
(c)
Presidential review of recommended candidate sites.
(d)
Preliminary activities.
10133.
Site characterization.
(a)
In general.
(b)
Commission and States.
(c)
Restrictions.
(d)
Preliminary activities.
10134.
Site approval and construction authorization.
(a)
Hearings and Presidential recommendation.
(b)
Submission of application.
(c)
Status report on application.
(d)
Commission action.
(e)
Project decision schedule.
(f)
Environmental impact statement.
10135.
Review of repository site selection.
(a)
"Resolution of repository siting approval" defined.
(b)
State or Indian tribe petitions.
(c)
Congressional review of petitions.
(d)
Procedures applicable to Senate.
(e)
Procedures applicable to House of Representatives.
(f)
Computation of days.
(g)
Information provided to Congress.
10136.
Participation of States.
(a)
Notification of States and affected tribes.
(b)
State participation in repository siting decisions.
(c)
Financial assistance.
(d)
Additional notification and consultation.
10137.
Consultation with States and affected Indian tribes.
(a)
Provision of information.
(b)
Consultation and cooperation.
(c)
Written agreement.
(d)
On-site representative.
10138.
Participation of Indian tribes.
(a)
Participation of Indian tribes in repository siting decisions.
(b)
Financial assistance.
10139.
Judicial review of agency actions.
(a)
Jurisdiction of United States courts of appeals.
(c)
Deadline for commencing action.
10140.
Expedited authorizations.
(a)
Issuance of authorizations.
(b)
Terms of authorizations.
10141.
Certain standards and criteria.
(a)
Environmental Protection Agency standards.
(b)
Commission requirements and criteria.
(c)
Environmental impact statement.
10142.
Disposal of spent nuclear fuel.
10143.
Title to material.
10144.
Consideration of effect of acquisition of water rights.
10145.
Termination of certain provisions.
Part B-Interim Storage Program
10151.
Findings and purposes.
10152.
Available capacity for interim storage of spent nuclear fuel.
10153.
Interim at-reactor storage.
10154.
Licensing of facility expansions and transshipments.
(a)
Oral argument.
(b)
Adjudicatory hearing.
(c)
Judicial review.
10155.
Storage of spent nuclear fuel.
(a)
Storage capacity.
(b)
Contracts.
(c)
Environmental review.
(d)
Review of sites and State participation.
(e)
Limitations.
(f)
Report.
(g)
Criteria for determining adequacy of available storage capacity.
(h)
Application.
(i)
Coordination with research and development program.
10156.
Interim Storage Fund.
(a)
Contracts.
(b)
Limitation.
(c)
Establishment of Interim Storage Fund.
(d)
Use of Storage Fund.
(e)
Impact assistance.
(f)
Administration of Storage Fund.
10157.
Transportation.
Part C-Monitored Retrievable Storage
10161.
Monitored retrievable storage.
(a)
Findings.
(b)
Submission of proposal by Secretary.
(c)
Environmental impact statements.
(d)
Licensing.
(e)
Clarification.
(f)
Impact assistance.
(g)
Limitation.
(h)
Participation of States and Indian tribes.
10162.
Authorization of monitored retrievable storage.
(a)
Nullification of Oak Ridge siting proposal.
(b)
Authorization.
10163.
Monitored Retrievable Storage Commission.
10164.
Survey.
10165.
Site selection.
(a)
In general.
(b)
Limitation.
(c)
Site specific activities.
(d)
Environmental assessment.
(e)
Notification before selection.
(f)
Notification of selection.
(g)
Limitation.
10166.
Notice of disapproval.
(a)
In general.
(b)
References.
10167.
Benefits agreement.
10168.
Construction authorization.
(a)
Environmental impact statement.
(b)
Application for construction license.
(c)
Licensing.
(d)
Licensing conditions.
10169.
Financial assistance.
Part D-Low-Level Radioactive Waste
10171.
Financial arrangements for low-level radioactive waste site closure.
(a)
Financial arrangements.
(b)
Title and custody.
(c)
Special sites.
Part E-Redirection of Nuclear Waste Program
10172.
Selection of Yucca Mountain site.
(a)
In general.
(b)
Eligibility to enter into benefits agreement.
10172a.
Siting a second repository.
(a)
Congressional action required.
(b)
Report.
(c)
Termination of granite research.
(d)
Additional siting criteria.
Part F-Benefits
10173.
Benefits agreements.
(a)
In general.
(b)
Amendment.
(c)
Agreement with Nevada.
(d)
Monitored retrievable storage.
(e)
Limitation.
(f)
Judicial review.
10173a.
Content of agreements.
(a)
In general.
(b)
Contents.
(c)
Payments by Secretary.
10173b.
Review Panel.
(a)
In general.
(b)
Terms.
(c)
Duties.
(d)
Information.
(e)
Federal Advisory Committee Act.
10173c.
Termination.
(a)
In general.
(b)
Termination by State or Indian tribe.
(c)
Decisions of Secretary.
Part G-Other Benefits
10174.
Consideration in siting facilities.
10174a.
Report.
(a)
In general.
(b)
Impacts to be considered.
Part H-Transportation
10175.
Transportation.
(a)
Packaging.
(b)
Advance notification.
(c)
Training for public safety officials.
SUBCHAPTER II-RESEARCH, DEVELOPMENT, AND DEMONSTRATION REGARDING DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE AND SPENT NUCLEAR FUEL
10191.
Purpose.
10192.
Applicability.
10193.
Identification of sites.
(a)
Guidelines.
(b)
Site identification by Secretary.
10194.
Siting research and related activities.
(a)
In general.
(b)
Public meetings and environmental assessment.
(c)
Restrictions.
(d)
Title to material.
10195.
Test and evaluation facility siting review and reports.
(a)
Consultation and cooperation.
(b)
Written agreements.
(c)
Limitation.
10196.
Federal agency actions.
(a)
Cooperation and coordination.
(b)
Environmental review.
10197.
Research and development on disposal of high-level radioactive waste.
(a)
Purpose.
(b)
Design.
(c)
Operation.
(d)
Use of existing Department facilities.
(e)
Engineered barriers.
(f)
Role of Commission.
(g)
Environmental review.
(h)
Limitations.
10198.
Research and development on spent nuclear fuel.
(a)
Demonstration and cooperative programs.
(b)
Cooperative agreements.
(c)
Dry storage research and development.
(d)
Funding.
(e)
Relation to spent nuclear fuel storage program.
10199.
Payments to States and Indian tribes.
(a)
Payments.
(b)
Limitation.
10200.
Study of research and development needs for monitored retrievable storage proposal.
10201.
Judicial review.
10202.
Research on alternatives for permanent disposal of high-level radioactive waste.
10203.
Technical assistance to non-nuclear weapon states in field of spent fuel storage and disposal.
(a)
Statement of policy.
(b)
Publication of joint notice; update.
(c)
Notification to non-nuclear weapon states; expressions of interest.
(d)
Funding requests.
(e)
"Non-nuclear weapon state" defined.
(f)
Unauthorized actions.
10204.
Subseabed disposal.
(a)
Repealed.
(b)
Office of Subseabed Disposal Research.
SUBCHAPTER III-OTHER PROVISIONS RELATING TO RADIOACTIVE WASTE
10221.
Mission plan.
(a)
Contents of mission plan.
(b)
Submission of mission plan.
10222.
Nuclear Waste Fund.
(a)
Contracts.
(b)
Advance contracting requirement.
(c)
Establishment of Nuclear Waste Fund.
(d)
Use of Waste Fund.
(e)
Administration of Waste Fund.
10223.
Alternative means of financing.
10224.
Office of Civilian Radioactive Waste Management.
(a)
Establishment.
(b)
Functions of Director.
(c)
Annual report to Congress.
(d)
Audit by GAO.
10225.
Location of test and evaluation facility.
(a)
Report to Congress.
(b)
Procedures.
10226.
Nuclear Regulatory Commission training authorization.
SUBCHAPTER IV-NUCLEAR WASTE NEGOTIATOR
10241.
"State" defined.
10242.
Office of Nuclear Waste Negotiator.
(a)
Establishment.
(b)
Nuclear Waste Negotiator.
10243.
Duties of Negotiator.
(a)
Negotiations with potential hosts.
(b)
Consultation with affected States, subdivisions of States, and tribes.
(c)
Consultation with other Federal agencies.
(d)
Proposed agreement.
10244.
Environmental assessment of sites.
(a)
In general.
(b)
Contents.
(c)
Judicial review.
(d)
Public hearings.
(e)
Public availability.
(f)
Evaluation of sites.
10245.
Site characterization; licensing.
(a)
Site characterization.
(b)
Licensing.
10246.
Monitored retrievable storage.
(a)
Construction and operation.
(b)
Financial assistance.
10247.
Environmental impact statement.
(a)
In general.
(b)
Preparation.
(c)
Adoption.
10248.
Administrative powers of Negotiator.
10249.
Cooperation of other departments and agencies.
10250.
Termination of Office.
10251.
Authorization of appropriations.
SUBCHAPTER V-NUCLEAR WASTE TECHNICAL REVIEW BOARD
10261.
Definitions.
10262.
Nuclear Waste Technical Review Board.
(a)
Establishment.
(b)
Members.
10263.
Functions.
10264.
Investigatory powers.
(a)
Hearings.
(b)
Production of documents.
10265.
Compensation of members.
(a)
In general.
(b)
Travel expenses.
10266.
Staff.
(a)
Clerical staff.
(b)
Professional staff.
10267.
Support services.
(a)
General services.
(b)
Accounting, research, and technology assessment services.
(c)
Additional support.
(d)
Mails.
(e)
Experts and consultants.
10268.
Report.
10269.
Authorization of appropriations.
10270.
Termination of Board.
Chapter Referred to in Other Sections
This chapter is referred to in section 2286g of this title.