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42 U.S.C. § 10134 — Ocean disposal
Federal law — U.S. Code and appendices · legal_authorities
Nothing in this chapter shall be deemed to affect the Marine Protection, Research, and Sanctuaries Act of 1972 ([33 U.S.C. 1401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1401&num=0&edition=prelim) et seq.).
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Stable record: federal_law:legal_authorities:record_usc_8f4d572b8ca0797f060fc9d5
Source file: Laws/federal/codes/united-states-code/title-42/section-10134-ocean-disposal--8599dbd6c4.md
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Passage SHA-256: 5429149bad7f92c171c334a3a2621dc82b60c568a72f07c58591a4e46b92ca16
Source location: Title 42, Chapter 108, § 10134; chapter-108-nuclear-waste-policy.md
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Nothing in this chapter shall be deemed to affect the Marine Protection, Research, and Sanctuaries Act of 1972 ([33 U.S.C. 1401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1401&num=0&edition=prelim) et seq.).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Report by Secretary of Commerce** In March of each year, the Secretary of Commerce shall report to the Congress on his activities under this subchapter during the previous fiscal year. The report shall include—
(1) the Secretary’s findings made under [section 1441 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1441&num=0&edition=prelim), including an evaluation of the short-term ecological effects and the social and economic factors involved with the dumping;
(2) the results of activities undertaken pursuant to [section 1442 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1442&num=0&edition=prelim);
(3) with the concurrence of the Administrator and after consulting with officials of other appropriate Federal agencies, an identification of the short- and long-term research requirements associated with activities under subchapter I, and a description of how Federal research under this subchapter and subchapter I will meet those requirements; and
(4) activities of the Department of Commerce under [section 665 of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section665&num=0&edition=prelim).
**(b) Report by Administrator** In March of each year, the Administrator shall report to the Congress on his activities during the previous fiscal year under [section 1443 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1443&num=0&edition=prelim).
**(c) Report by Under Secretary** On October 31 of each year, the Under Secretary shall report to the Congress the specific programs that the National Oceanic and Atmospheric Administration and the Environmental Protection Agency carried out pursuant to this subchapter in
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1401
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Federal law — U.S. Code and appendices · legal_authorities
**(a) “Resolution of repository siting approval” defined** For purposes of this section, the term “resolution of repository siting approval” means a joint resolution of the Congress, the matter after the resolving clause of which is as follows: “That there hereby is approved the site at .......... for a repository, with respect to which a notice of disapproval was submitted by .......... on ...........”. The first blank space in such resolution shall be filled with the name of the geographic location of the proposed site of the repository to which such resolution pertains; the second blank space in such resolution shall be filled with the designation of the State Governor and legislature or Indian tribe governing body submitting the notice of disapproval to which such resolution pertains; and the last blank space in such resolution shall be filled with the date of such submission.
**(b) State or Indian tribe petitions** The designation of a site as suitable for application for a construction authorization for a repository shall be effective at the end of the 60-day period beginning on 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), unless the Governor and legislature of the State in which such site is located, or the governing body of an Indian tribe on whose reservation such site is located, as the case may be, has submitted to the Congress a notice of disapproval under section 10136 or 10138 of this title. If any such notice of disapproval has been submitted, the designation of such site shall not be effective except as provided under subsection (c).
**(c) Congressional review of petitions** If any notice of di
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10145
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(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
Notwithstanding any other provision of this part, any repository constructed on a site approved under this part shall be designed and constructed to permit the retrieval of any spent nuclear fuel placed in such repository, during an appropriate period of operation of the facility, for any reason pertaining to the public health and safety, or the environment, or for the purpose of permitting the recovery of the economically valuable contents of such spent fuel. The Secretary shall specify the appropriate period of retrievability with respect to any repository at the time of design of such repository, and such aspect of such repository shall be subject to approval or disapproval by the Commission as part of the construction authorization process under subsections (b) through (d) of [section 10134 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10134&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10157
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Federal law — U.S. Code and appendices · legal_authorities
Page 604
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1389
ministrator shall make the request and accom-
panying information available by electronic
means, including on the official public Internet
site of the Environmental Protection Agency.
(e) International agreements
This section shall be applied in a manner con-
sistent with United States obligations under
international agreements.
(f) Management and oversight
The Administrator may retain up to 0.25 per-
cent of the funds appropriated for this sub-
chapter for management and oversight of the re-
quirements of this section.
(g) Effective date
This section does not apply with respect to a
project if a State agency approves the engineer-
ing plans and specifications for the project, in
that agency’s capacity to approve such plans
and specifications prior to a project requesting
bids, prior to June 10, 2014.
(June 30, 1948, ch. 758, title VI, § 608, as added
Pub. L. 113–121, title V, § 5004, June 10, 2014, 128
Stat. 1326.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Oct. 1, 2014, see section 5006 of Pub.
L. 113–121, set out as an Effective Date of 2014 Amend-
ment note under section 1381 of this title.
§ 1389. Clean watersheds needs survey
(a) Requirement
Not later than 2 years after November 15, 2021,
and not less frequently than once every 4 years
thereafter, the Administrator shall—
(1) conduct and complete an assessment of
capital improvement needs for all projects
that are eligible under section 1383(c) of this
title for assistance from State water pollution
control revolving funds; and
(2) submit to Congress a report describing
the results of the assessment completed under
paragraph (1).
(b) Authorization of appropriations
There is authorized to be appr
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1401
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Federal law — U.S. Code and appendices · legal_authorities
Page 7982
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 10134
3 So in original. The word ‘‘to’’ probably should not appear.
(F) report to Congress not later than 6
months after such determination the Sec-
retary’s recommendations for further action
to assure the safe, permanent disposal of spent
nuclear fuel and high-level radioactive waste,
including the need for new legislative author-
ity.
(d) Preliminary activities
Each activity of the Secretary under this sec-
tion that is in compliance with the provisions of
subsection (c) shall be considered a preliminary
decisionmaking activity. No such activity shall
require the preparation of an environmental im-
pact statement under section 102(2)(C) of the Na-
tional Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)), or to 3 require any environ-
mental review under subparagraph (E) or (F) of
section 102(2) of such Act.
(Pub. L. 97–425, title I, § 113, Jan. 7, 1983, 96 Stat.
2211; 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(e)–(g), Dec. 22, 1987, 101
Stat. 1330–228.)
Editorial Notes
REFERENCES IN TEXT
Subsection (b)(1), referred to in subsec. (a), probably
means subsec. (b)(1) of section 10132 of this title, which
relates to nomination of repository sites for radio-
active waste and submission of environmental assess-
ments for those sites.
The National Environmental Policy Act of 1969, re-
ferred to in subsec. (c)(1), is Pub. L. 91–190, Jan. 1, 1970,
83 Stat. 852, which is classified generally to chapter 55
(§ 4321 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 4321 of this title and Tables.
AMENDMENTS
1987—Subsec. (a). Pub. L. 100–202 and Pub. L
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10134
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