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42 U.S.C. § 10132 — Separability
Federal law — U.S. Code and appendices · legal_authorities
If any provision of this chapter, or the application of such provision to any person or circumstance, is held invalid, the remainder of this chapter, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10132
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Source file: Laws/federal/codes/united-states-code/title-42/section-10132-separability--1f946dff31.md
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Source location: Title 42, Chapter 108, § 10132; chapter-108-nuclear-waste-policy.md
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If any provision of this chapter, or the application of such provision to any person or circumstance, is held invalid, the remainder of this chapter, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10131
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10132/b/2&num=0&edition=prelim) 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 adverse environmental impacts identified in such comments or in the environmental assessment submitted under subsection (b)(1).11 See References in Text note below.
**(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 characterization activities, including the following: the extent of planned excavations, plans for any onsite testing with radioactive or nonradioactive material, plans for any investigation activities that may affect the capability of such candidate site to isolate high-level radioactive waste and spent nuclear fuel, and plans to control any adverse, safety-related impacts from such site characterization activities;
(iii) plans for the decontamination and decommissioning of such candidate site, and for the mitigation of any significant adverse environmental impacts
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10143
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds that—
(1) long-term storage of high-level radioactive waste or spent nuclear fuel in monitored retrievable storage facilities is an option for providing safe and reliable management of such waste or spent fuel;
(2) the executive branch and the Congress should proceed as expeditiously as possible to consider fully a proposal for construction of one or more monitored retrievable storage facilities to provide such long-term storage;
(3) the Federal Government has the responsibility to ensure that site-specific designs for such facilities are available as provided in this section;
(4) the generators and owners of the high-level radioactive waste and spent nuclear fuel to be stored in such facilities have the responsibility to pay the costs of the long-term storage of such waste and spent fuel; and
(5) disposal of high-level radioactive waste and spent nuclear fuel in a repository developed under this chapter should proceed regardless of any construction of a monitored retrievable storage facility pursuant to this section.
**(b) Submission of proposal by Secretary**
(1) On or before June 1, 1985, the Secretary shall complete a detailed study of the need for and feasibility of, and shall submit to the Congress a proposal for, the construction of one or more monitored retrievable storage facilities for high-level radioactive waste and spent nuclear fuel. Each such facility shall be designed—
(A) to accommodate spent nuclear fuel and high-level radioactive waste resulting from civilian nuclear activities;
(B) to permit continuous monitoring, management, and maintenance of such spent fuel and waste for the foreseeable future;
(C) to provide for the ready retrieval of such spent fuel and waste for further processing or disposal;
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10172
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Congressional action required** The Secretary may not conduct site-specific activities with respect to a second repository unless Congress has specifically authorized and appropriated funds for such activities.
**(b) Report** The Secretary shall report to the President and to Congress on or after January 1, 2007, but not later than January 1, 2010, on the need for a second repository.
**(c) Termination of granite research** Not later than 6 months after December 22, 1987, the Secretary shall phase out in an orderly manner funding for all research programs in existence on December 22, 1987, designed to evaluate the suitability of crystalline rock as a potential repository host medium.
**(d) Additional siting criteria** In the event that the Secretary at any time after December 22, 1987, considers any sites in crystalline rock for characterization or selection as a repository, the Secretary shall consider (as a supplement to the siting guidelines under [section 10132 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10132&num=0&edition=prelim)) such potentially disqualifying factors as—
(1) seasonal increases in population;
(2) proximity to public drinking water supplies, including those of metropolitan areas; and
(3) the impact that characterization or siting decisions would have on lands owned or placed in trust by the United States for Indian tribes.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10192
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Federal law — U.S. Code and appendices · legal_authorities
Page 7979
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 10132
1 So in original. There is no cl. (ii).
2 So in original. Probably should be ‘‘subparagraph (D).’’
(Pub. L. 97–425, title I, § 111, Jan. 7, 1983, 96 Stat.
2207.)
§ 10132. 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 Adminis-
trator of the Environmental Protection Agency,
the Director of the United States Geological
Survey, and interested Governors, and the con-
currence of the Commission shall issue general
guidelines for the recommendation of sites for
repositories. Such guidelines shall specify de-
tailed geologic considerations that shall be pri-
mary criteria for the selection of sites in var-
ious geologic media. Such guidelines shall speci-
fy factors that qualify or disqualify any site
from development as a repository, including fac-
tors pertaining to the location of valuable nat-
ural resources, hydrology, geophysics, seismic
activity, and atomic energy defense activities,
proximity to water supplies, proximity to popu-
lations, the effect upon the rights of users of
water, and proximity to components of the Na-
tional Park System, the National Wildlife Ref-
uge System, the National Wild and Scenic Riv-
ers System, the National Wilderness Preserva-
tion 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 popu-
lation factors that will disqualify any site from
develo
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10132
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.