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42 U.S.C. § 10139 — Biennial report on the spent nuclear fuel and high-level radioactive waste inventory in the United States
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **High-level radioactive waste** — The term “high-level radioactive waste” has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 ([42 U.S.C. 10101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10101&num=0&edition=prelim)).
(2) **Spent nuclear fuel** — The term “spent nuclear fuel” has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 ([42 U.S.C. 10101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10101&num=0&edition=prelim)).
(3) **Standard contract** — The term “standard contract” has the meaning given the term “contract” in section 961.3 of title 10, Code of Federal Regulations (or any successor regulation).
**(b) Report** Not later than January 1, 2026, and biennially thereafter, the Secretary of Energy shall submit to Congress a report that describes—
(1) the annual and cumulative amount of payments made by the United States to the holder of a standard contract due to a partial breach of contract under the Nuclear Waste Policy Act of 1982 ([42 U.S.C. 10101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10101&num=0&edition=prelim) et seq.) resulting in financial damages to the holder;
(2) the cumulative amount spent by the Department of Energy since fiscal year 2008 to reduce future payments projected to be made by the United States to any holder of a standard contract due to a partial breach of contract under the Nuclear Waste Policy Act of 1982 ([42 U.S.C. 10101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10101&num=0&edition=prelim) et seq.);
(3) the cumulative amount spent by the Department of Energy to store, manage, and dispose of sp
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Source file: Laws/federal/codes/united-states-code/title-42/section-10139-biennial-report-on-the-spent-nuclear-fuel-and-high-level-radioactive-was--3564ac33d8.md
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Source location: Title 42, Chapter 108, § 10139; chapter-108-nuclear-waste-policy.md
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**(a) Definitions** In this section:
(1) **High-level radioactive waste** — The term “high-level radioactive waste” has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 ([42 U.S.C. 10101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10101&num=0&edition=prelim)).
(2) **Spent nuclear fuel** — The term “spent nuclear fuel” has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 ([42 U.S.C. 10101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10101&num=0&edition=prelim)).
(3) **Standard contract** — The term “standard contract” has the meaning given the term “contract” in section 961.3 of title 10, Code of Federal Regulations (or any successor regulation).
**(b) Report** Not later than January 1, 2026, and biennially thereafter, the Secretary of Energy shall submit to Congress a report that describes—
(1) the annual and cumulative amount of payments made by the United States to the holder of a standard contract due to a partial breach of contract under the Nuclear Waste Policy Act of 1982 ([42 U.S.C. 10101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10101&num=0&edition=prelim) et seq.) resulting in financial damages to the holder;
(2) the cumulative amount spent by the Department of Energy since fiscal year 2008 to reduce future payments projected to be made by the United States to any holder of a standard contract due to a partial breach of contract under the Nuclear Waste Policy Act of 1982 ([42 U.S.C. 10101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10101&num=0&edition=prelim) et seq.);
(3) the cumulative amount spent by the Department of Energy to store, manage, and dispose of spent nuclear fuel and high-level radioactive waste in the United States as of the date of the report;
(4) the projected lifecycle costs to store, manage, transport, and dispose of the projected inventory of spent nuclear fuel and high-level radioactive waste in the United States, including spent nuclear fuel and high-level radioactive waste expected to be generated from existing reactors through 2050;
(5) any mechanisms for better accounting of liabilities for the lifecycle costs of the spent nuclear fuel and high-level radioactive waste inventory in the United States;
(6) any recommendations for improving the methods used by the Department of Energy for the accounting of spent nuclear fuel and high-level radioactive waste costs and liabilities;
(7) any actions taken in the previous fiscal year by the Department of Energy with respect to interim storage; and
(8) any activities taken in the previous fiscal year by the Department of Energy to develop and deploy nuclear technologies and fuels that enhance the safe transportation or storage of spent nuclear fuel or high-level radioactive waste, including technologies to protect against seismic, flooding, and other extreme weather events.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There is established a Nuclear Waste Technical Review Board that shall be an independent establishment within the executive branch.
**(b) Members**
(1) The Board shall consist of 11 members who shall be appointed by the President not later than 90 days after December 22, 1987, from among persons nominated by the National Academy of Sciences in accordance with paragraph (3).
(2) The President shall designate a member of the Board to serve as chairman.
(3)
(A) The National Academy of Sciences shall, not later than 90 days after December 22, 1987, nominate not less than 22 persons for appointment to the Board from among persons who meet the qualifications described in subparagraph (C).
(B) The National Academy of Sciences shall nominate not less than 2 persons to fill any vacancy on the Board from among persons who meet the qualifications described in subparagraph (C).
(C)
(i) Each person nominated for appointment to the Board shall be—
(I) eminent in a field of science or engineering, including environmental sciences; and
(II) selected solely on the basis of established records of distinguished service.
(ii) The membership of the Board shall be representative of the broad range of scientific and engineering disciplines related to activities under this subchapter.
(iii) No person shall be nominated for appointment to the Board who is an employee of—
(I) the Department of Energy;
(II) a national laboratory under contract with the Department of Energy; or
(III) an entity performing high-level radioactive waste or spent nuclear fuel activities under contract with the Department of Energy.
(4) Any vacancy on the Board shall be filled by the nomination and appointment process described in para
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Guidelines** Not later than 180 days after January 7, 1983, the Secretary, following consultation with the Council on Environmental Quality, the Administrator of the Environmental Protection Agency, the Director of the United States Geological Survey, and interested Governors, and the concurrence of the Commission shall issue general guidelines for the recommendation of sites for repositories. Such guidelines shall specify detailed geologic considerations that shall be primary criteria for the selection of sites in various geologic media. Such guidelines shall specify factors that qualify or disqualify any site from development as a repository, including factors pertaining to the location of valuable natural resources, hydrology, geophysics, seismic activity, and atomic energy defense activities, proximity to water supplies, proximity to populations, the effect upon the rights of users of water, and proximity to components of the National Park System, the National Wildlife Refuge System, the National Wild and Scenic Rivers System, the National Wilderness Preservation System, or National Forest Lands. Such guidelines shall take into consideration the proximity to sites where high-level radioactive waste and spent nuclear fuel is generated or temporarily stored and the transportation and safety factors involved in moving such waste to a repository. Such guidelines shall specify population factors that will disqualify any site from development as a repository if any surface facility of such repository would be located (1) in a highly populated area; or (2) adjacent to an area 1 mile by 1 mile having a population of not less than 1,000 individuals. Such guidelines also shall require the Secretary to consider the cost and impact of transporting to the repository site t
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10142
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Storage capacity**
(1) Subject to [section 10107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10107&num=0&edition=prelim), the Secretary shall provide, in accordance with paragraph (5), not more than 1,900 metric tons of capacity for the storage of spent nuclear fuel from civilian nuclear power reactors. Such storage capacity shall be provided through any one or more of the following methods, used in any combination determined by the Secretary to be appropriate:
(A) use of available capacity at one or more facilities owned by the Federal Government on January 7, 1983, including the modification and expansion of any such facilities, if the Commission determines that such use will adequately protect the public health and safety, except that such use shall not—
(i) render such facilities subject to licensing under the Atomic Energy Act of 1954 ([42 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2011&num=0&edition=prelim) et seq.) or the Energy Reorganization Act of 1974 ([42 U.S.C. 5801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5801&num=0&edition=prelim) et seq.); or
(ii) except as provided in subsection (c) require the preparation of an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 ([42 U.S.C. 4332(2)(C)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4332/2/C&num=0&edition=prelim)), such 11 So in original. Probably should be preceded by “if”. facility is already being used, or has previously been used, for such storage or for any similar purpose.22 So in original. The period probably should be a semicolon.
(B) acquisition of any modular or mo
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10168
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Federal law — U.S. Code and appendices · legal_authorities
Judicial review of research and development activities under this subchapter shall be in accordance with the provisions of [section 10139 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10139&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10226
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Upon the request of the Negotiator, the Secretary shall prepare an environmental assessment of any site that is the subject of negotiations under [section 10243(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10243/a&num=0&edition=prelim).
**(b) Contents**
(1) Each environmental assessment prepared for a repository site shall include a detailed statement of the probable impacts of characterizing such site and the construction and operation of a repository at such site.
(2) Each environmental assessment prepared for a monitored retrievable storage facility site shall include a detailed statement of the probable impacts of construction and operation of such a facility at such site.
**(c) Judicial review** The issuance of an environmental assessment under subsection (a) shall be considered to be a final agency action subject to judicial review in accordance with the provisions of chapter 7 of title 5 and [section 10139 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10139&num=0&edition=prelim).
**(d) Public hearings**
(1) In preparing an environmental assessment for any repository or monitored retrievable storage facility site, the Secretary shall hold public hearings in the vicinity of such site to inform the residents of the area in which such site is located that such site is being considered and to receive their comments.
(2) At such hearings, the Secretary shall solicit and receive any recommendations of such residents with respect to issues that should be addressed in the environmental assessment required under subsection (a) and the site characterization plan described in [section 10133(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granul
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10262
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Federal law — U.S. Code and appendices · legal_authorities
Page 7974
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 10101
1 So in original. The semicolon probably should be a period.
Sec.
10172a.
Siting a second repository.
PART F—BENEFITS
10173.
Benefits agreements.
10173a.
Content of agreements.
10173b.
Review Panel.
10173c.
Termination.
PART G—OTHER BENEFITS
10174.
Consideration in siting facilities.
10174a.
Report.
PART H—TRANSPORTATION
10175.
Transportation.
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.
10194.
Siting research and related activities.
10195.
Test and evaluation facility siting review and
reports.
10196.
Federal agency actions.
10197.
Research and development on disposal of
high-level radioactive waste.
10198.
Research and development on spent nuclear
fuel.
10199.
Payments to States and Indian tribes.
10200.
Study of research and development needs for
monitored retrievable storage proposal.
10201.
Judicial review.
10202.
Research on alternatives for permanent dis-
posal of high-level radioactive waste.
10203.
Technical assistance to non-nuclear weapon
states in field of spent fuel storage and dis-
posal.
10204.
Subseabed disposal.
SUBCHAPTER III—OTHER PROVISIONS RELATING
TO RADIOACTIVE WASTE
10221.
Mission plan.
10222.
Nuclear Waste Fund.
10223.
Alternative means of financing.
10224.
Office of Civilian Radioactive Waste Manage-
ment.
10225.
Location of test and evaluation facility.
10226.
Nuclear Regulatory Commission training au-
thorization.
SUBCHAPTER IV—NUCLEAR WASTE NEGOTIATOR
10241.
‘‘State’’ defined.
10242.
Office of Nuclear Waste Negotiator.
10243.
Duties of Negotiator.
1024
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10101
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 10101. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 7991
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 10139
1 So in original. Probably should be designated ‘‘(5)(A)’’.
2 So in original. Probably should be followed by ‘‘or’’.
1 So in original. No subsec. (b) has been enacted.
sistance 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 ap-
proved under section 10132(c) of this title an
amount each fiscal year equal to the amount
such Indian tribe would receive were it author-
ized to tax site characterization activities at
such site, and the development and operation of
such repository, as such Indian tribe taxes the
other commercial activities occurring on such
reservation. Such grants shall continue until
such time as all such activities, development,
and operation are terminated at such site.
(5) 1 An affected Indian tribe may not receive
any grant under paragraph (1) after the expira-
tion 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 dis-
approved under section 10135 of this title;
(iii) the date on which the Commission dis-
approves an application for a construction au-
thorization for a repository at such site; 2
(iv) December 22, 1987;
whichever occurs first, unless there is another
candidate site on the reservation of such Indian
tribe that is approved under section 10132(c) of
this title and with respect to which the actions
described in clauses (i), (ii), and (iii) have not
been taken.
(B) An affected Indian tribe
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10139
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