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42 U.S.C. § 10138 — Applicability to transportation
Federal law — U.S. Code and appendices · legal_authorities
Nothing in this chapter shall be construed to affect Federal, State, or local laws pertaining to the transportation of spent nuclear fuel or high-level radioactive waste.
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Source location: Title 42, Chapter 108, § 10138; chapter-108-nuclear-waste-policy.md
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Nothing in this chapter shall be construed to affect Federal, State, or local laws pertaining to the transportation of spent nuclear fuel or high-level radioactive waste.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Hearings and Presidential recommendation**
(1) The Secretary shall hold public hearings in the vicinity of the Yucca Mountain site, for the purposes of informing the residents of the area of such consideration and receiving their comments regarding the possible recommendation of such site. If, upon completion of such hearings and completion of site characterization activities at the Yucca Mountain site, under [section 10133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10133&num=0&edition=prelim), the Secretary decides to recommend approval of such site to the President, the Secretary shall notify the Governor and legislature of the State of Nevada, of such decision. No sooner than the expiration of the 30-day period following such notification, the Secretary shall submit to the President a recommendation that the President approve such site for the development of a repository. Any such recommendation by the Secretary shall be based on the record of information developed by the Secretary under [section 10133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10133&num=0&edition=prelim) and this section, including the information described in subparagraph (A) through subparagraph (G). Together with any recommendation of a site under this paragraph, the Secretary shall make available to the public, and submit to the President, a comprehensive statement of the basis of such recommendation, including the following:
(A) a description of the proposed repository, including preliminary engineering specifications for the facility;
(B) a description of the waste form or packaging proposed for use at such repository, and an explanation of the relationship between such waste form or pa
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10144
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Federal law — U.S. Code and appendices · legal_authorities
Page 7990
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 10138
(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 plan-
ning, siting, development, construction, oper-
ation, or closure of such a facility within such
State through negotiation, arbitration, or
other appropriate mechanisms.
(d) On-site representative
The Secretary shall offer to any State, Indian
tribe or unit of local government within whose
jurisdiction a site for a repository or monitored
retrievable storage facility is located under this
subchapter an opportunity to designate a rep-
resentative to conduct on-site oversight activi-
ties at such site. Reasonable expenses of such
representatives shall be paid out of the Waste
Fund.
(Pub. L. 97–425, title I, § 117, Jan. 7, 1983, 96 Stat.
2222; Pub. L. 100–202, § 101(d) [title III, § 300], Dec.
22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L.
100–203, title V, § 5011(m), Dec. 22, 1987, 101 Stat.
1330–231; Pub. L. 104–66, title I, § 1051(i), Dec. 21,
1995, 109 Stat. 716.)
Editorial Notes
AMENDMENTS
1995—Subsec. (c). Pub. L. 104–66 struck out after third
sentence ‘‘If such written agreement is not completed
within such period, the Secretary shall report to the
Congress in writing within 30 days on the status of ne-
gotiations to develop such agreement and the reasons
why such agreement has not been completed. Prior to
submission of such report to the Congress, the Sec-
retary shall transmit such report to the Governor of
such State or the governing body of such affected In-
dian tribe, as the case may be, for their review and
comments. Such comments shall be included in such
report prior to submission to the C
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10138
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