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42 U.S.C. § 10173a — Survey
Federal law — U.S. Code and appendices · legal_authorities
After the MRS Commission submits its report to the Congress under [section 10163 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10163&num=0&edition=prelim), the Secretary may conduct a survey and evaluation of potentially suitable sites for a monitored retrievable storage facility. In conducting such survey and evaluation, the Secretary shall consider the extent to which siting a monitored retrievable storage facility at each site surveyed would—
(1) enhance the reliability and flexibility of the system for the disposal of spent nuclear fuel and high-level radioactive waste established under this chapter;
(2) minimize the impacts of transportation and handling of such fuel and waste;
(3) provide for public confidence in the ability of such system to safely dispose of the fuel and waste;
(4) impose minimal adverse effects on the local community and the local environment;
(5) provide a high probability that the facility will meet applicable environmental, health, and safety requirements in a timely fashion;
(6) provide such other benefits to the system for the disposal of spent nuclear fuel and high-level radioactive waste as the Secretary deems appropriate; and
(7) unduly burden a State in which significant volumes of high-level radioactive waste resulting from atomic energy defense activities are stored.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10173a
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Stable record: federal_law:legal_authorities:record_usc_56f4e4006e2732a643b78a41
Source file: Laws/federal/codes/united-states-code/title-42/section-10173a-survey--322d44a61c.md
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Source location: Title 42, Chapter 108, § 10173a; chapter-108-nuclear-waste-policy.md
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After the MRS Commission submits its report to the Congress under [section 10163 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10163&num=0&edition=prelim), the Secretary may conduct a survey and evaluation of potentially suitable sites for a monitored retrievable storage facility. In conducting such survey and evaluation, the Secretary shall consider the extent to which siting a monitored retrievable storage facility at each site surveyed would—
(1) enhance the reliability and flexibility of the system for the disposal of spent nuclear fuel and high-level radioactive waste established under this chapter;
(2) minimize the impacts of transportation and handling of such fuel and waste;
(3) provide for public confidence in the ability of such system to safely dispose of the fuel and waste;
(4) impose minimal adverse effects on the local community and the local environment;
(5) provide a high probability that the facility will meet applicable environmental, health, and safety requirements in a timely fashion;
(6) provide such other benefits to the system for the disposal of spent nuclear fuel and high-level radioactive waste as the Secretary deems appropriate; and
(7) unduly burden a State in which significant volumes of high-level radioactive waste resulting from atomic energy defense activities are stored.
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Federal law — U.S. Code and appendices · legal_authorities
Sections 10139 and 10140 of this title shall cease to have effect at such time as a repository developed under this part is licensed to receive and possess high-level radioactive waste and spent nuclear fuel.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10163
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Within one year of December 22, 1987, the Secretary shall report to Congress on the potential impacts of locating a repository at the Yucca Mountain site, including the recommendations of the Secretary for mitigation of such impacts and a statement of which impacts should be dealt with by the Federal Government, which should be dealt with by the State with State resources, including the benefits payments under [section 10173a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10173a&num=0&edition=prelim), and which should be a joint Federal-State responsibility. The report under this subsection shall include the analysis of the Secretary of the authorities available to mitigate these impacts and the appropriate sources of funds for such mitigation.
**(b) Impacts to be considered** Potential impacts to be addressed in the report under this 11 So in original. The word “this” probably should not appear. subsection (a) shall include impacts on—
(1) education, including facilities and personnel for elementary and secondary schools, community colleges, vocational and technical schools and universities;
(2) public health, including the facilities and personnel for treatment and distribution of water, the treatment of sewage, the control of pests and the disposal of solid waste;
(3) law enforcement, including facilities and personnel for the courts, police and sheriff’s departments, district attorneys and public defenders and prisons;
(4) fire protection, including personnel, the construction of fire stations, and the acquisition of equipment;
(5) medical care, including emergency services and hospitals;
(6) cultural and recreational needs, including facilities and personnel for libraries and museums and the acqu
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10198
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Federal law — U.S. Code and appendices · legal_authorities
Page 8007
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 10173a
manner funding for all research programs in ex-
istence on December 22, 1987, designed to evalu-
ate the suitability of crystalline rock as a po-
tential repository host medium.
(d) Additional siting criteria
In the event that the Secretary at any time
after December 22, 1987, considers any sites in
crystalline rock for characterization or selec-
tion as a repository, the Secretary shall con-
sider (as a supplement to the siting guidelines
under section 10132 of this title) such potentially
disqualifying factors as—
(1) seasonal increases in population;
(2) proximity to public drinking water sup-
plies, including those of metropolitan areas;
and
(3) the impact that characterization or
siting decisions would have on lands owned or
placed in trust by the United States for Indian
tribes.
(Pub. L. 97–425, title I, § 161, as added Pub. L.
100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101
Stat. 1329–104, 1329–121; Pub. L. 100–203, title V,
§ 5012, Dec. 22, 1987, 101 Stat. 1330–231.)
Editorial Notes
CODIFICATION
Pub. L. 100–202 and Pub. L. 100–203 added identical
sections.
PART F—BENEFITS
§ 10173. Benefits agreements
(a) In general
(1) The Secretary may enter into a benefits
agreement with the State of Nevada concerning
a repository or with a State or an Indian tribe
concerning a monitored retrievable storage fa-
cility for the acceptance of high-level radio-
active waste or spent nuclear fuel in that State
or on the reservation of that tribe, as appro-
priate.
(2) The State or Indian tribe may enter into
such an agreement only if the State Attorney
General or the appropriate governing authority
of the Indian tribe or the Secretary of the Inte-
rior, in the absence of an appropriate
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10173a
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.