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42 U.S.C. § 10133 — Territories and possessions

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

42 U.S.C. § 10133 — Territories and possessions

Nothing in this chapter shall be deemed to repeal, modify, or amend the provisions of [section 1491 of title 48](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1491&num=0&edition=prelim).

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Stable record: federal_law:legal_authorities:record_usc_baf20cbde3f454a2a3bada55
Source file: Laws/federal/codes/united-states-code/title-42/section-10133-territories-and-possessions--2ab77009dd.md
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Source location: Title 42, Chapter 108, § 10133; chapter-108-nuclear-waste-policy.md

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Nothing in this chapter shall be deemed to repeal, modify, or amend the provisions of [section 1491 of title 48](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1491&num=0&edition=prelim).

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

48 U.S.C. § 1491 — License, permit, etc., for transportation for storage or storage of spent nuclear fuel or high-level radioactive waste; prerequisites; applicability; “territory or possession” defined

**(a)** Prior to the granting of any license, permit, or other authorization or permission by any agency or instrumentality of the United States to any person for the transportation of spent nuclear fuel or high-level radioactive waste for interim, long-term, or permanent storage to or for the storage of such fuel or waste on any territory or possession of the United States, the Secretary of the Interior is directed to transmit to the Congress a detailed report on the proposed transportation or storage plan, and no such license, permit, or other authorization or permission may be granted nor may any such transportation or storage occur unless the proposed transportation or storage plan has been specifically authorized by Act of Congress: Provided, That the provisions of this section shall not apply to the cleanup and rehabilitation of Bikini and Enewetak Atolls. **(b)** For the purpose of this section the words “territory or possession” include the Trust Territory of the Pacific Islands and any area not within the boundaries of the several States over which the United States claims or exercises sovereignty.

Source: Supplied U.S. Code snapshot — release unconfirmed · 48 U.S.C. § 1491

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

42 U.S.C. § 10131 — Definitions

For purposes of this chapter: (1) The term “Administrator” means the Administrator of the Environmental Protection Agency. (2) The term “affected Indian tribe” means any Indian tribe— (A) within whose reservation boundaries a monitored retrievable storage facility, test and evaluation facility, or a repository for high-level radioactive waste or spent fuel is proposed to be located; (B) whose federally defined possessory or usage rights to other lands outside of the reservation’s boundaries arising out of congressionally ratified treaties may be substantially and adversely affected by the locating of such a facility: Provided, That the Secretary of the Interior finds, upon the petition of the appropriate governmental officials of the tribe, that such effects are both substantial and adverse to the tribe; 11 So in original. The semicolon probably should be a period. (3) The term “atomic energy defense activity” means any activity of the Secretary performed in whole or in part in carrying out any of the following functions: (A) naval reactors development; (B) weapons activities including defense inertial confinement fusion; (C) verification and control technology; (D) defense nuclear materials production; (E) defense nuclear waste and materials by-products management; (F) defense nuclear materials security and safeguards and security investigations; and (G) defense research and development. (4) The term “candidate site” means an area, within a geologic and hydrologic system, that is recommended by the Secretary under [section 10132 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10132&num=0&edition=prelim) for site characterization, approved by the President under [section 10132 of this title](https

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

42 U.S.C. § 10144 — Site approval and construction authorization

**(a) Hearings and Presidential recommendation** (1) The Secretary shall hold public hearings in the vicinity of the Yucca Mountain site, for the purposes of informing the residents of the area of such consideration and receiving their comments regarding the possible recommendation of such site. If, upon completion of such hearings and completion of site characterization activities at the Yucca Mountain site, under [section 10133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10133&num=0&edition=prelim), the Secretary decides to recommend approval of such site to the President, the Secretary shall notify the Governor and legislature of the State of Nevada, of such decision. No sooner than the expiration of the 30-day period following such notification, the Secretary shall submit to the President a recommendation that the President approve such site for the development of a repository. Any such recommendation by the Secretary shall be based on the record of information developed by the Secretary under [section 10133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10133&num=0&edition=prelim) and this section, including the information described in subparagraph (A) through subparagraph (G). Together with any recommendation of a site under this paragraph, the Secretary shall make available to the public, and submit to the President, a comprehensive statement of the basis of such recommendation, including the following: (A) a description of the proposed repository, including preliminary engineering specifications for the facility; (B) a description of the waste form or packaging proposed for use at such repository, and an explanation of the relationship between such waste form or pa

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10144

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

42 U.S.C. § 10263 — Site characterization; licensing

**(a) Site characterization** Upon enactment of legislation to implement an agreement to site a repository negotiated under [section 10243(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10243/a&num=0&edition=prelim), the Secretary shall conduct appropriate site characterization activities for the site that is the subject of such agreement subject to the conditions and terms of such agreement. Any such site characterization activities shall be conducted in accordance with [section 10133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10133&num=0&edition=prelim), except that references in such section to the Yucca Mountain site and the State of Nevada shall be deemed to refer to the site that is the subject of the agreement and the State or Indian tribe entering into the agreement. **(b) Licensing** (1) Upon the completion of site characterization activities carried out under subsection (a), the Secretary shall submit to the Nuclear Regulatory Commission an application for construction authorization for a repository at such site. (2) The Nuclear Regulatory Commission shall consider an application for a construction authorization for a repository or monitored retrievable storage facility in accordance with the laws applicable to such applications, except that the Nuclear Regulatory Commission shall issue a final decision approving or disapproving the issuance of a construction authorization not later than 3 years after the date of the submission of such application.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10263

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

42 U.S.C. § 10133 — Site characterization

Page 7981 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10133 1 See References in Text note below. 2 So in original. Probably should read ‘‘Congress and the’’. Letter to the Honorable John S. Herrington, Sec- retary of Energy Dear Mr. Secretary: You are hereby authorized to perform the notifica- tion function vested in the President pursuant to Sec- tion 112(c)(1) of the Nuclear Waste Policy Act of 1982, 42 U.S.C. § 10132(c)(1). This document shall be published in the Federal Reg- ister. Sincerely, RONALD REAGAN. § 10133. Site characterization (a) In general The Secretary shall carry out, in accordance with the provisions of this section, appropriate site characterization activities at the Yucca Mountain site. The Secretary shall consider fully the comments received under subsection (b)(2) and section 10132(b)(2) of this title and shall, to the maximum extent practicable and in consultation with the Governor of the State of Nevada, conduct site characterization activities in a manner that minimizes any significant ad- verse environmental impacts identified in such comments or in the environmental assessment submitted under subsection (b)(1).1 (b) Commission and States (1) Before proceeding to sink shafts at the Yucca Mountain site, the Secretary shall submit for such candidate site to the Commission and to the Governor or legislature of the State of Nevada, for their review and comment— (A) a general plan for site characterization activities to be conducted at such candidate site, which plan shall include— (i) a description of such candidate site; (ii) a description of such site characteriza- tion activities, including the following: the extent of planned excavations, plans for any onsite testing with radioactive or nonradio- active material,

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