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

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

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Stable record: federal_law:legal_authorities:record_usc_7e18cb534c120e48a3b608f5
Source file: Laws/federal/codes/united-states-code/title-42/section-10142-recommendation-of-candidate-sites-for-site-characterization--2284280cdf.md
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Source location: Title 42, Chapter 108, § 10142; chapter-108-nuclear-waste-policy.md

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**(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 the solidified high-level radioactive waste and spent fuel to be disposed of in the repository and the advantages of regional distribution in the siting of repositories. Such guidelines shall require the Secretary to consider the various geologic media in which sites for repositories may be located and, to the extent practicable, to recommend sites in different geologic media. The Secretary shall use guidelines established under this subsection in considering candidate sites for recommendation under subsection (b). The Secretary may revise such guidelines from time to time, consistent with the provisions of this subsection. **(b) Recommendation by Secretary to President** (1) (A) Following the issuance of guidelines under subsection (a) and consultation with the Governors of affected States, the Secretary shall nominate at least 5 sites that he determines suitable for site characterization for selection of the first repository site. (B) Subsequent to such nomination, the Secretary shall recommend to the President 3 of the nominated sites not later than January 1, 1985 for characterization as candidate sites. (C) Such recommendations under subparagraph (B) shall be consistent with the provisions of [section 10225 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10225&num=0&edition=prelim). (D) Each nomination of a site under this subsection shall be accompanied by an environmental assessment, which shall include a detailed statement of the basis for such recommendation and of the probable impacts of the site characterization activities planned for such site, and a discussion of alternative activities relating to site characterization that may be undertaken to avoid such impacts. Such environmental assessment shall include— (i) an evaluation by the Secretary as to whether such site is suitable for site characterization under the guidelines established under subsection (a); (ii) an evaluation by the Secretary as to whether such site is suitable for development as a repository under each such guideline that does not require site characterization as a prerequisite for application of such guideline; (iii) an evaluation by the Secretary of the effects of the site characterization activities at such site on the public health and safety and the environment; (iv) a reasonable comparative evaluation by the Secretary of such site with other sites and locations that have been considered; (v) a description of the decision process by which such site was recommended; and (vi) an assessment of the regional and local impacts of locating the proposed repository at such site. (E) (i) 11 So in original. There is no cl. (ii). The issuance of any environmental assessment under this paragraph 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). Such judicial review shall be limited to the sufficiency of such environmental assessment with respect to the items described in clauses (i) through (vi) of subparagraph (E).22 So in original. Probably should be “subparagraph (D).” (F) Each environmental assessment prepared under this paragraph shall be made available to the public. (G) Before nominating a site, the Secretary shall notify the Governor and legislature of the State in which such site is located, or the governing body of the affected Indian tribe where such site is located, as the case may be, of such nomination and the basis for such nomination. (2) Before nominating any 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 of the proposed nomination of such site and to receive their comments. At such hearings, the Secretary shall also solicit and receive any recommendations of such residents with respect to issues that should be addressed in the environmental assessment described in paragraph (1) and the site characterization plan described in [section 10133(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10133/b/1&num=0&edition=prelim). (3) In evaluating the sites nominated under this section prior to any decision to recommend a site as a candidate site, the Secretary shall use available geophysical, geologic, geochemical and hydrologic, and other information and shall not conduct any preliminary borings or excavations at a site unless (i) such preliminary boring or excavation activities were in progress on January 7, 1983, or (ii) the Secretary certifies that such available information from other sources, in the absence of preliminary borings or excavations, will not be adequate to satisfy applicable requirements of this chapter or any other law: Provided, That preliminary borings or excavations under this section shall not exceed a diameter of 6 inches. **(c) Presidential review of recommended candidate sites** (1) The President shall review each candidate site recommendation made by the Secretary under subsection (b). Not later than 60 days after the submission by the Secretary of a recommendation of a candidate site, the President, in his discretion, may either approve or disapprove such candidate site, and shall transmit any such decision to the Secretary and to either the Governor and legislature of the State in which such candidate site is located, or the governing body of the affected Indian tribe where such candidate site is located, as the case may be. If, during such 60-day period, the President fails to approve or disapprove such candidate site, or fails to invoke his authority under paragraph (2) to delay his decision, such candidate site shall be considered to be approved, and the Secretary shall notify such Governor and legislature, or governing body of the affected Indian tribe, of the approval of such candidate site by reason of the inaction of the President. (2) The President may delay for not more than 6 months his decision under paragraph (1) to approve or disapprove a candidate site, upon determining that the information provided with the recommendation of the Secretary is insufficient to permit a decision within the 60-day period referred to in paragraph (1). The President may invoke his authority under this paragraph by submitting written notice to the Congress, within such 60-day period, of his intent to invoke such authority. If the President invokes such authority, but fails to approve or disapprove the candidate site involved by the end of such 6-month period, such candidate site shall be considered to be approved, and the Secretary shall notify such Governor and legislature, or governing body of the affected Indian tribe, of the approval of such candidate site by reason of the inaction of the President. **(d) Preliminary activities** Except as otherwise provided in this section, each activity of the President or the Secretary under this section shall be considered to be a preliminary decisionmaking activity. No such activity shall 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)), or to require any environmental review under subparagraph (E) or (F) of section 102(2) of such Act.

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

42 U.S.C. § 10139 — Biennial report on the spent nuclear fuel and high-level radioactive waste inventory in the United States

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10139

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

42 U.S.C. § 10225 — Study of research and development needs for monitored retrievable storage proposal

Not later than 6 months after January 7, 1983, the Secretary shall submit to the Congress a report describing the research and development activities the Secretary considers necessary to develop the proposal required in [section 10161(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10161/b&num=0&edition=prelim) with respect to a monitored retrievable storage facility.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10225

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10137

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

43 U.S.C. § 31 — Director of United States Geological Survey

**(a) Establishment of office; appointment and duties; examination of geological structure, mineral resources, and products of national domain; prohibitions in respect to lands and surveys** The Director of the United States Geological Survey, which office is established, under the Interior Department, shall be appointed by the President by and with the advice and consent of the Senate. This officer shall have the direction of the United States Geological Survey, and the classification of the public lands and examination of the geological structure, mineral resources, and products of the national domain. The Director and members of the United States Geological Survey shall have no personal or private interests in the lands or mineral wealth of the region under survey, and shall execute no surveys or examinations for private parties or corporations. **(b) Examination of geological structure, mineral resources, and products outside national domain** The authority of the Secretary of the Interior, exercised through the United States Geological Survey of the Department of the Interior, to examine the geological structure, mineral resources, and products of the national domain, is expanded to authorize such examinations outside the national domain where determined by the Secretary to be in the national interest.

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 31

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

42 U.S.C. § 10142 — Disposal of spent nuclear fuel

Page 7993 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10151 study to provide, by not later than December 31, 1993, findings and recommendations on reasonable stand- ards for protection of the public health and safety, in- cluding— ‘‘(A) whether a health-based standard based upon doses to individual members of the public from re- leases to the accessible environment (as that term is defined in the regulations contained in subpart B of part 191 of title 40, Code of Federal Regulations, as in effect on November 18, 1985) will provide a rea- sonable standard for protection of the health and safety of the general public; ‘‘(B) whether it is reasonable to assume that a system for post-closure oversight of the repository can be developed, based upon active institutional controls, that will prevent an unreasonable risk of breaching the repository’s engineered or geologic barriers or increasing the exposure of individual members of the public to radiation beyond allow- able limits; and ‘‘(C) whether it is possible to make scientifically supportable predictions of the probability that the repository’s engineered or geologic barriers will be breached as a result of human intrusion over a pe- riod of 10,000 years. ‘‘(3) APPLICABILITY.—The provisions of this section shall apply to the Yucca Mountain site, rather than any other authority of the Administrator to set gen- erally applicable standards for radiation protection. ‘‘(b) NUCLEAR REGULATORY COMMISSION REQUIREMENTS AND CRITERIA.— ‘‘(1) MODIFICATIONS.—Not later than 1 year after the Administrator promulgates standards under sub- section (a), the Nuclear Regulatory Commission shall, by rule, modify its technical requirements and criteria under section 121(b) of the Nuclear Waste Policy Act of 1982 (42 U.S.C

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10142

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

42 U.S.C. § 4332 — Congressional declaration of national environmental policy

**(a)** The Congress, recognizing the profound impact of man’s activity on the interrelations of all components of the natural environment, particularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man, declares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans. **(b)** In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential considerations of national policy, to improve and coordinate Federal plans, functions, programs, and resources to the end that the Nation may— (1) fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; (2) assure for all Americans safe, healthful, productive, and esthetically and culturally pleasing surroundings; (3) attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; (4) preserve important historic, cultural, and natural aspects of our national heritag

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4332

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

42 U.S.C. § 4332 — Cooperation of agencies; reports; avail-

Page 6139 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4332 (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J.R. BIDEN, JR. SUBCHAPTER I—POLICIES AND GOALS § 4331. Congressional declaration of national en- vironmental policy (a) The Congress, recognizing the profound im- pact of man’s activity on the interrelations of all components of the natural environment, par- ticularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recog- nizing further the critical importance of restor- ing and maintaining environmental quality to the overall welfare and development of man, de- clares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all prac- ticable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive har- mony, and fulfill the social, economic, and other requirements of present and future generations of Americans. (b) In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential consider- ations of national policy, to improve and coordi- nate Federal plans, functions, programs, and re- sources to the end that the Nati

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4332

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