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42 U.S.C. § 10137 — Applicability to atomic energy defense activities

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10137 — Applicability to atomic energy defense activities

**(a) Atomic energy defense activities** Subject to the provisions of subsection (c), the provisions of this chapter shall not apply with respect to any atomic energy defense activity or to any facility used in connection with any such activity. **(b) Evaluation by President** (1) Not later than 2 years after January 7, 1983, the President shall evaluate the use of disposal capacity at one or more repositories to be developed under part A of subchapter I for the disposal of high-level radioactive waste resulting from atomic energy defense activities. Such evaluation shall take into consideration factors relating to cost 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 repositories to be developed under part A of subchapter I for the disposal of such waste. Such arrangements shall include the allocation of costs of developing, constructing, and operating this repository 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 established under [section 10222 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10222&num=0&edition=prelim). (3) Any repository for the disposal of high-level radioactive waste resulting from atomic energy defense acti

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Stable record: federal_law:legal_authorities:record_usc_7ae69027607d57a407da637c
Source file: Laws/federal/codes/united-states-code/title-42/section-10137-applicability-to-atomic-energy-defense-activities--395f628f76.md
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Source location: Title 42, Chapter 108, § 10137; chapter-108-nuclear-waste-policy.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10222 — Research and development on disposal of high-level radioactive waste

**(a) Purpose** Not later than 64 months after January 7, 1983, the Secretary is authorized to, to the extent practicable, begin at a site evaluated under [section 10194 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10194&num=0&edition=prelim), 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 characterization 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 resolving potential repository licensing issues that could not be resolved during the siting research program conducted under section 10192 11 So in original. Probably should be “10194”. of this title; (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 components 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 10194 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10194&num=0&edition=prelim) 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 rat

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5842 — Establishment and transfers

**(a) Composition; Chairman; Acting Chairman; quorum; official spokesman; seal; functions of Chairman and Commission** (1) There is established an independent regulatory commission to be known as the Nuclear Regulatory Commission which shall be composed of five members, each of whom shall be a citizen of the United States. The President shall designate one member of the Commission as Chairman thereof to serve as such during the pleasure of the President. The Chairman may from time to time designate any other member of the Commission as Acting Chairman to act in the place and stead of the Chairman during his absence. The Chairman (or the Acting Chairman in the absence of the Chairman) shall preside at all meetings of the Commission and a quorum for the transaction of business shall consist of at least three members present. Each member of the Commission, including the Chairman, shall have equal responsibility and authority in all decisions and actions of the Commission, shall have full access to all information relating to the performance of his duties or responsibilities, and shall have one vote. Action of the Commission shall be determined by a majority vote of the members present. The Chairman (or Acting Chairman in the absence of the Chairman) shall be the official spokesman of the Commission in its relations with the Congress, Government agencies, persons, or the public, and, on behalf of the Commission, shall see to the faithful execution of the policies and decisions of the Commission, and shall report thereon to the Commission from time to time or as the Commission may direct. The Commission shall have an official seal which shall be judicially noticed. (2) The Chairman of the Commission shall be the principal executive officer of the Commission, and he shall e

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5842

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10142 — Recommendation of candidate sites for site characterization

**(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

42 U.S.C. § 10151 — Participation of States

**(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 January 7, 1983. 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 subchapter, 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 part to the Governor or legislature of such 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 legislature 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 disapproval to the Congress not later than the 60 days after the date that the President recommends such site to the Congress under [section 10134 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10134&num=0&edition=prelim). A

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10151

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10153 — Participation of Indian tribes

**(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 Indian tribe may disapprove the site designation and submit to the Congress a notice of disapproval. 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 recommends such site to the Congress under [section 10134 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10134&num=0&edition=prelim). 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 repository site involved. **(b) Financial assistance** (1) The Secretary shall make grants to each affected tribe notified under [section 10136(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10136/a&num=0&edition=prelim) for the purpose of participating in activities required by [section 10137 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10137&num=0&edition=prelim) or authorized by written agreement entered into pursuant to [section 10137(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10137/c&num=0&edition=prelim). Any salary or travel expense that would ordinarily be incurred by such tribe, may

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10153

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10137 — Consultation with States and affected In-

Page 7988 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10137 (iii) to engage in any monitoring, testing, or evaluation activities with respect to site char- acterization programs with regard to such site; (iv) to provide information to Nevada resi- dents 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 Sec- retary regarding any activities taken under this part with respect to such site. (C) Any salary or travel expense that would ordinarily be incurred by the State of Nevada or any affected unit of local government may not be considered eligible for funding under this paragraph. (2)(A)(i) The Secretary shall provide financial and technical assistance to the State of Nevada, and any affected unit of local government re- questing such assistance. (ii) Such assistance shall be designed to miti- gate the impact on such State or affected unit of local government of the development of such re- pository and the characterization of such site. (iii) Such assistance to such State or affected unit of local government of such State shall commence upon the initiation of site character- ization activities. (B) The State of Nevada and any affected unit of local government may request assistance under this subsection by preparing and submit- ting to the Secretary a report on the economic, social, public health and safety, and environ- mental impacts that are likely to result from site characterization activities at the Yucca Mountain site. Such report shall be submitted to the Secretary after the Secretary has sub- mitted to the State a general plan for site char- acterization activities under section 10133(b) of this title. (C)

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10137

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