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42 U.S.C. § 10262 — Environmental assessment of sites
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Upon the request of the Negotiator, the Secretary shall prepare an environmental assessment of any site that is the subject of negotiations under [section 10243(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10243/a&num=0&edition=prelim).
**(b) Contents**
(1) Each environmental assessment prepared for a repository site shall include a detailed statement of the probable impacts of characterizing such site and the construction and operation of a repository at such site.
(2) Each environmental assessment prepared for a monitored retrievable storage facility site shall include a detailed statement of the probable impacts of construction and operation of such a facility at such site.
**(c) Judicial review** The issuance of an environmental assessment under subsection (a) 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).
**(d) Public hearings**
(1) In preparing an environmental assessment for any repository or monitored retrievable storage facility 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 that such site is being considered and to receive their comments.
(2) At such hearings, the Secretary shall solicit and receive any recommendations of such residents with respect to issues that should be addressed in the environmental assessment required under subsection (a) and the site characterization plan described in [section 10133(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granul
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Stable record: federal_law:legal_authorities:record_usc_f8d6c68497293af808033bf2
Source file: Laws/federal/codes/united-states-code/title-42/section-10262-environmental-assessment-of-sites--20e9d281ce.md
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Source location: Title 42, Chapter 108, § 10262; chapter-108-nuclear-waste-policy.md
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**(a) In general** Upon the request of the Negotiator, the Secretary shall prepare an environmental assessment of any site that is the subject of negotiations under [section 10243(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10243/a&num=0&edition=prelim).
**(b) Contents**
(1) Each environmental assessment prepared for a repository site shall include a detailed statement of the probable impacts of characterizing such site and the construction and operation of a repository at such site.
(2) Each environmental assessment prepared for a monitored retrievable storage facility site shall include a detailed statement of the probable impacts of construction and operation of such a facility at such site.
**(c) Judicial review** The issuance of an environmental assessment under subsection (a) 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).
**(d) Public hearings**
(1) In preparing an environmental assessment for any repository or monitored retrievable storage facility 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 that such site is being considered and to receive their comments.
(2) At such hearings, the Secretary shall solicit and receive any recommendations of such residents with respect to issues that should be addressed in the environmental assessment required under subsection (a) 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).
**(e) Public availability** Each environmental assessment prepared under subsection (a) shall be made available to the public.
**(f) Evaluation of sites**
(1) In preparing an environmental assessment under subsection (a), the Secretary shall use available geophysical, geologic, geochemical and hydrologic, and other information and shall not conduct any preliminary borings or excavations at any site that is the subject of such assessment unless—
(A) such preliminary boring or excavation activities were in progress on or before December 22, 1987; or
(B) the Secretary certifies that, in the absence of preliminary borings or excavations, adequate information will not be available to satisfy the requirements of this chapter or any other law.
(2) No preliminary boring or excavation conducted under this section shall exceed a diameter of 40 inches.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
As used in this subchapter:
(1) The term “Chairman” means the Chairman of the Nuclear Waste Technical Review Board.
(2) The term “Board” means the Nuclear Waste Technical Review Board established under [section 10262 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10262&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10270
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Federal law — U.S. Code and appendices · legal_authorities
Page 8025
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 10262
(8) use the United States mails in the same
manner and under the same conditions as
other departments and agencies of the United
States;
(9) hold such hearings as are necessary to de-
termine the views of interested parties and the
general public; and
(10) appoint advisory committees under
chapter 10 of title 5.
(Pub. L. 97–425, title IV, § 408, as added Pub. L.
100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat.
1329–104, 1329–121; Pub. L. 100–203, title V, § 5041,
Dec. 22, 1987, 101 Stat. 1330–247; amended Pub. L.
117–286, § 4(a)(273), Dec. 27, 2022, 136 Stat. 4336.)
Editorial Notes
CODIFICATION
Pub. L. 100–202 and Pub. L. 100–203 added identical
sections.
AMENDMENTS
2022—Par. (10). Pub. L. 117–286 substituted ‘‘chapter 10
of title 5.’’ for ‘‘the Federal Advisory Committee Act (5
U.S.C. App.).’’
Statutory Notes and Related Subsidiaries
REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY
RATES
References in laws to the rates of pay for GS–16, 17,
or 18, or to maximum rates of pay under the General
Schedule, to be considered references to rates payable
under specified sections of Title 5, Government Organi-
zation and Employees, see section 529 [title I, § 101(c)(1)]
of Pub. L. 101–509, set out in a note under section 5376
of Title 5.
§ 10249. Cooperation of other departments and
agencies
Each department, agency, and instrumen-
tality of the United States, including any inde-
pendent agency, may furnish the Negotiator
such information as he determines to be nec-
essary to carry out his functions under this sub-
chapter.
(Pub. L. 97–425, title IV, § 409, as added Pub. L.
100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat.
1329–104, 1329–121; Pub. L. 100–203, title V, § 5041,
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10262
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.