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42 U.S.C. § 10197 — Consideration in siting facilities
Federal law — U.S. Code and appendices · legal_authorities
The Secretary, in siting Federal research projects, shall give special consideration to proposals from States where a repository is located.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10197
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Stable record: federal_law:legal_authorities:record_usc_7eb3658f1f1868d69294bd05
Source file: Laws/federal/codes/united-states-code/title-42/section-10197-consideration-in-siting-facilities--864be6aa83.md
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Source location: Title 42, Chapter 108, § 10197; chapter-108-nuclear-waste-policy.md
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The Secretary, in siting Federal research projects, shall give special consideration to proposals from States where a repository is located.
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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
Page 8012
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 10196
1 So in original. Probably should be ‘‘10194’’.
any potential economic or public health and
safety impacts in all stages of the siting, de-
velopment, construction, and operation of a
test and evaluation facility;
(B) solicits, receives, and evaluates con-
cerns and objections of such Governor or
governing body with regard to such test and
evaluation facility on an ongoing basis; and
(C) works diligently and cooperatively to
resolve such concerns and objections; and
(2) by which the State or affected Indian
tribe involved can exercise reasonable inde-
pendent monitoring and testing of onsite ac-
tivities related to all stages of the siting, de-
velopment, construction and operation of the
test and evaluation facility, except that any
such monitoring and testing shall not unrea-
sonably interfere with onsite activities.
(b) Written agreements
The Secretary shall enter into written agree-
ments with the Governor of the State in which
an identified site is located or with the gov-
erning body of any affected Indian tribe where
an identified site is located in order to expedite
the consultation and cooperation process. Any
such written agreement shall specify—
(1) procedures by which such Governor or
governing body may study, determine, com-
ment on, and make recommendations with re-
gard to the possible health, safety, and eco-
nomic impacts of the test and evaluation facil-
ity;
(2) procedures by which the Secretary shall
consider and respond to comments and rec-
ommendations made by such Governor or gov-
erning body, including the period in which the
Secretary shall so respond;
(3) the documents the Department is to sub-
mit to such Governor or governing body, the
timing for such submissions,
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10197
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