42 U.S.C. § 10121 — State and affected Indian tribe participa-

Page 7978 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10121 and deploy nuclear technologies and fuels that enhance the safe transportation or storage of spent nuclear fuel or high-level radioactive waste, including technologies to protect against seismic, flooding, and other extreme weather events. (Pub. L. 118–67, div. B, title IV, § 403, July 9, 2024, 138 Stat. 1468.) Editorial Notes REFERENCES IN TEXT The Nuclear Waste Policy Act of 1982, referred to in subsec. (b)(1), (2), is Pub. L. 97–425, Jan. 7, 1983, 96 Stat. 2201, which is classified generally to chapter 108 (§ 10101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 10101 of this title and Tables. CODIFICATION Section was enacted as part of the Accelerating De- ployment of Versatile, Advanced Nuclear for Clean En- ergy Act of 2024, also known as the ADVANCE Act of 2024, and not as part of the Nuclear Waste Policy Act of 1982 which comprises this chapter. SUBCHAPTER I—DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE, SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE WASTE § 10121. State and affected Indian tribe participa- tion in development of proposed repositories for defense waste (a) Notification to States and affected Indian tribes Notwithstanding the provisions of section 10107 of this title, upon any decision by the Sec- retary or the President to develop a repository for the disposal of high-level radioactive waste or spent nuclear fuel resulting exclusively from atomic energy defense activities, research and development activities of the Secretary, or both, and before proceeding with any site-specific in- vestigations with respect to such repository, the Secretary shall notify the Governor and legisla- ture of the State in which such repository is proposed to be located, or the governing body of the affected Indian tribe on whose reservation such repository is proposed to be located, as the case may be, of such decision. (b) Participation of States and affected Indian tribes Following the receipt of any notification under subsection (a), the State or Indian tribe involved shall be entitled, with respect to the proposed repository involved, to rights of par- ticipation and consultation identical to those provided in sections 10135 through 10138 of this title, except that any financial assistance au- thorized to be provided to such State or affected Indian tribe under section 10136(c) or 10138(b) of this title shall be made from amounts appro- priated to the Secretary for purposes of carrying out this section. (Pub. L. 97–425, title I, § 101, Jan. 7, 1983, 96 Stat. 2206.) PART A—REPOSITORIES FOR DISPOSAL OF HIGH- LEVEL RADIOACTIVE WASTE AND SPENT NU- CLEAR FUEL § 10131. Findings and purposes (a) The Congress finds that— (1) radioactive waste creates potential risks and requires safe and environmentally accept- able methods of disposal; (2) a national problem has been created by the accumulation of (A) spent nuclear fuel from nuclear reactors; and (B) radioactive waste from (i) reprocessing of spent nuclear fuel; (ii) activities related to medical research, diagnosis, and treatment; and (iii) other sources; (3) Federal efforts during the past 30 years to devise a permanent solution to the problems of civilian radioactive waste disposal have not been adequate; (4) while the Federal Government has the re- sponsibility to provide for the permanent dis- posal of high-level radioactive waste and such spent nuclear fuel as may be disposed of in order to protect the public health and safety and the environment, the costs of such dis- posal should be the responsibility of the gen- erators and owners of such waste and spent fuel; (5) the generators and owners of high-level radioactive waste and spent nuclear fuel have the primary responsibility to provide for, and the responsibility to pay the costs of, the in- terim storage of such waste and spent fuel until such waste and spent fuel is accepted by the Secretary of Energy in accordance with the provisions of this chapter; (6) State and public participation in the planning and development of repositories is es- sential in order to promote public confidence in the safety of disposal of such waste and spent fuel; and (7) high-level radioactive waste and spent nuclear fuel have become major subjects of public concern, and appropriate precautions must be taken to ensure that such waste and spent fuel do not adversely affect the public health and safety and the environment for this or future generations. (b) The purposes of this part are— (1) to establish a schedule for the siting, con- struction, and operation of repositories that will provide a reasonable assurance that the public and the environment will be adequately protected from the hazards posed by high-level radioactive waste and such spent nuclear fuel as may be disposed of in a repository; (2) to establish the Federal responsibility, and a definite Federal policy, for the disposal of such waste and spent fuel; (3) to define the relationship between the Federal Government and the State govern- ments with respect to the disposal of such waste and spent fuel; and (4) to establish a Nuclear Waste Fund, com- posed of payments made by the generators and owners of such waste and spent fuel, that will ensure that the costs of carrying out activities relating to the disposal of such waste and spent fuel will be borne by the persons respon- sible for generating such waste and spent fuel.