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42 U.S.C. § 10164 — Survey

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42 U.S.C. § 10164 — Survey

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Page 8003 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10164 storage facility as a part of a national nuclear waste management system that achieves the purposes of this chapter. In preparing the report under this subparagraph, the MRS Commission shall— (i) review the status and adequacy of the Secretary’s evaluation of the systems advan- tages and disadvantages of bringing such a fa- cility into the national nuclear waste disposal system; (ii) obtain comment and available data on monitored retrievable storage from affected parties, including States containing poten- tially acceptable sites; (iii) evaluate the utility of a monitored re- trievable storage facility from a technical per- spective; and (iv) make a recommendation to Congress as to whether such a facility should be included in the national nuclear waste management system in order to achieve the purposes of this chapter, including meeting needs for pack- aging and handling of spent nuclear fuel, im- proving the flexibility of the repository devel- opment schedule, and providing temporary storage of spent nuclear fuel accepted for dis- posal. (2) In preparing the report and making its rec- ommendation under paragraph (1) the MRS Commission shall compare such a facility to the alternative of at-reactor storage of spent nu- clear fuel prior to disposal of such fuel in a re- pository under this chapter. Such comparison shall take into consideration the impact on— (A) repository design and construction; (B) waste package design, fabrication and standardization; (C) waste preparation; (D) waste transportation systems; (E) the reliability of the national system for the disposal of radioactive waste; (F) the ability of the Secretary to fulfill con- tractual commitments of the Department under this chapter to accept spent nuclear fuel for disposal; and (G) economic factors, including the impact on the costs likely to be imposed on rate- payers of the Nation’s electric utilities for temporary at-reactor storage of spent nuclear fuel prior to final disposal in a repository, as well as the costs likely to be imposed on rate- payers of the Nation’s electric utilities in building and operating such a facility. (3) The report under this subsection, together with the recommendation of the MRS Commis- sion, shall be transmitted to Congress on No- vember 1, 1989. (4)(A)(i) Each member of the MRS Commission shall be paid at the rate provided for level III of the Executive Schedule for each day (including travel time) such member is engaged in the work of the MRS Commission, and shall receive travel expenses, including per diem in lieu of subsistence in the same manner as is permitted under sections 5702 and 5703 of title 5. (ii) The MRS Commission may appoint and fix compensation, not to exceed the rate of basic pay payable for GS–18 of the General Schedule, for such staff as may be necessary to carry out its functions. (B)(i) The MRS Commission may hold hear- ings, sit and act at such times and places, take such testimony and receive such evidence as the MRS Commission considers appropriate. Any member of the MRS Commission may admin- ister oaths or affirmations to witnesses appear- ing before the MRS Commission. (ii) The MRS Commission may request any Ex- ecutive agency, including the Department, to furnish such assistance or information, includ- ing records, data, files, or documents, as the Commission considers necessary to carry out its functions. Unless prohibited by law, such agency shall promptly furnish such assistance or infor- mation. (iii) To the extent permitted by law, the Ad- ministrator of the General Services Administra- tion shall, upon request of the MRS Commis- sion, provide the MRS Commission with nec- essary administrative services, facilities, and support on a reimbursable basis. (iv) The MRS Commission may procure tem- porary and intermittent services from experts and consultants to the same extent as is author- ized by section 3109(b) of title 5 at rates and under such rules as the MRS Commission con- siders reasonable. (C) The MRS Commission shall cease to exist 60 days after the submission to Congress of the report required under this subsection. (Pub. L. 97–425, title I, § 143, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5021, Dec. 22, 1987, 101 Stat. 1330–232; amended Pub. L. 100–507, § 2, Oct. 18, 1988, 102 Stat. 2541.) Editorial Notes REFERENCES IN TEXT Level III of the Executive Schedule, referred to in subsec. (a)(4)(A)(i), is set out in section 5314 of Title 5, Government Organization and Employees. CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. AMENDMENTS 1988—Subsec. (a)(3). Pub. L. 100–507 amended par. (3) generally. Prior to amendment, par. (3) read as follows: ‘‘The report under this subsection, together with the recommendation of the MRS Commission, shall be transmitted to Congress on June 1, 1989.’’ 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. § 10164. Survey After the MRS Commission submits its report to the Congress under section 10163 of this title, the Secretary may conduct a survey and evalua- tion of potentially suitable sites for a monitored retrievable storage facility. In conducting such Page 8004 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10165 1 So in original. Probably should be ‘‘section,’’. survey and evaluation, the Secretary shall con- sider the extent to which siting a monitored re- trievable storage facility at each site surveyed would— (1) enhance the reliability and flexibility of the system for the disposal of spent nuclear fuel and high-level radioactive waste estab- lished under this chapter; (2) minimize the impacts of transportation and handling of such fuel and waste; (3) provide for public confidence in the abil- ity of such system to safely dispose of the fuel and waste; (4) impose minimal adverse effects on the local community and the local environment; (5) provide a high probability that the facil- ity will meet applicable environmental, health, and safety requirements in a timely fashion; (6) provide such other benefits to the system for the disposal of spent nuclear fuel and high- level radioactive waste as the Secretary deems appropriate; and (7) unduly burden a State in which signifi- cant volumes of high-level radioactive waste resulting from atomic energy defense activi- ties are stored. (Pub. L. 97–425, title I, § 144, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5021, Dec. 22, 1987, 101 Stat. 1330–234.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. § 10165. Site selection (a) In general The Secretary may select the site evaluated under section 10164 of this title that the Sec- retary determines on the basis of available in- formation to be the most suitable for a mon- itored retrievable storage facility that is an in- tegral part of the system for the disposal of spent nuclear fuel and high-level radioactive waste established under this chapter. (b) Limitation The Secretary may not select a site under sub- section (a) until the Secretary recommends to the President the approval of a site for develop- ment as a repository under section 10134(a) of this title. (c) Site specific activities The Secretary may conduct such site specific activities at each site surveyed under section 10164 of this title as he determines may be nec- essary to support an application to the Commis- sion for a license to construct a monitored re- trievable storage facility at such site. (d) Environmental assessment Site specific activities and selection of a site under this section shall not require the prepara- tion of an environmental impact statement under section 102(2)(C) of the National Environ- mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). The Secretary shall prepare an environmental assessment with respect to such selection in ac- cordance with regulations issued by the Sec- retary implementing such Act [42 U.S.C. 4321 et seq.]. Such environmental assessment shall be based upon available information regarding al- ternative technologies for the storage of spent nuclear fuel and high-level radioactive waste. The Secretary shall submit such environmental assessment to the Congress at the time such site is selected. (e) Notification before selection (1) At least 6 months before selecting a site under subsection (a), the Secretary shall notify the Governor and legislature of the State in which such site is located, or the governing body of the affected Indian tribe where such site is lo- cated, as the case may be, of such potential se- lection and the basis for such selection. (2) Before selecting any site under subsection (a), the Secretary shall hold at least one public hearing in the vicinity of such site to solicit any recommendations of interested parties with re- spect to issues raised by the selection of such site. (f) Notification of selection The Secretary shall promptly notify Congress and the appropriate State or Indian tribe of the selection under subsection (a). (g) Limitation No monitored retrievable storage facility au- thorized pursuant to section 10162(b) of this title may be constructed in the State of Nevada. (Pub. L. 97–425, title I, § 145, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5021, Dec. 22, 1987, 101 Stat. 1330–234.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (d), 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. CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. § 10166. Notice of disapproval (a) In general The selection of a site under section 10165 of this title shall be effective at the end of the pe- riod of 60 calendar days beginning on the date of notification under such subsection,1 unless the governing body of the Indian tribe on whose res- ervation such site is located, or, if the site is not on a reservation, the Governor and the legisla- ture of the State in which the site is located, has submitted to Congress a notice of dis- approval with respect to such site. If any such notice of disapproval has been submitted under this subsection, the selection of the site under section 10165 of this title shall not be effective

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

42 U.S.C. § 10164 — Findings and purposes

**(a)** The Congress finds that— (1) the persons owning and operating civilian nuclear power reactors have the primary responsibility for providing interim storage of spent nuclear fuel from such reactors, by maximizing, to the extent practical, the effective use of existing storage facilities at the site of each civilian nuclear power reactor, and by adding new onsite storage capacity in a timely manner where practical; (2) the Federal Government has the responsibility to encourage and expedite the effective use of existing storage facilities and the addition of needed new storage capacity at the site of each civilian nuclear power reactor; and (3) the Federal Government has the responsibility to provide, in accordance with the provisions of this part, not more than 1,900 metric tons of capacity for interim storage of spent nuclear fuel for civilian nuclear power reactors that cannot reasonably provide adequate storage capacity at the sites of such reactors when needed to assure the continued, orderly operation of such reactors. **(b)** The purposes of this part are— (1) to provide for the utilization of available spent nuclear fuel pools at the site of each civilian nuclear power reactor to the extent practical and the addition of new spent nuclear fuel storage capacity where practical at the site of such reactor; and (2) to provide, in accordance with the provisions of this part, for the establishment of a federally owned and operated system for the interim storage of spent nuclear fuel at one or more facilities owned by the Federal Government with not more than 1,900 metric tons of capacity to prevent disruptions in the orderly operation of any civilian nuclear power reactor that cannot reasonably provide adequate spent nuclear fuel storage capacity at the sit

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

42 U.S.C. § 4321 — Repealed. Pub. L. 117–58, div. G, title VIII, § 70801(h), Nov. 15, 2021, 135 Stat. 1294

### Statutory Notes Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.

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

42 U.S.C. § 4321 — Congressional declaration of purpose

Page 6095 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 Sec. 4368a. Utilization of talents of older Americans in projects of pollution prevention, abate- ment, and control. 4368b. General assistance program. 4369. Miscellaneous reports. 4369a. Reports on environmental research and devel- opment activities of Agency. 4370. Reimbursement for use of facilities. 4370a. Assistant Administrators of Environmental Protection Agency; appointment; duties. 4370b. Availability of fees and charges to carry out Agency programs. 4370c. Environmental Protection Agency fees. 4370d. Percentage of Federal funding for organiza- tions owned by socially and economically disadvantaged individuals. 4370e. Working capital fund in Treasury. 4370f. Availability of funds after expiration of pe- riod for liquidating obligations. 4370g. Availability of funds for uniforms and certain services. 4370h. Availability of funds for facilities. 4370i. Regional liaisons for minority, tribal, and low-income communities. 4370j. Municipal Ombudsman. SUBCHAPTER IV—FEDERAL PERMITTING IMPROVEMENT 4370m. Definitions. 4370m–1. Federal Permitting Improvement Steering Council. 4370m–2. Permitting process improvement. 4370m–3. Interstate compacts. 4370m–4. Coordination of required reviews. 4370m–5. Delegated State permitting programs. 4370m–6. Litigation, judicial review, and savings provi- sion. 4370m–7. Reports. 4370m–8. Funding for governance, oversight, and proc- essing of environmental reviews and per- mits. 4370m–9. Application. 4370m–10. GAO report. 4370m–11. Savings provision. 4370m–12. Repealed. § 4321. Congressional declaration of purpose The purposes of this chapter are: To declare a national policy which will encourage productive and enjoyable harmony

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4321

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

42 U.S.C. § 4332 — Congressional declaration of national environmental policy

**(a)** The Congress, recognizing the profound impact of man’s activity on the interrelations of all components of the natural environment, particularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man, declares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans. **(b)** In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential considerations of national policy, to improve and coordinate Federal plans, functions, programs, and resources to the end that the Nation may— (1) fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; (2) assure for all Americans safe, healthful, productive, and esthetically and culturally pleasing surroundings; (3) attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; (4) preserve important historic, cultural, and natural aspects of our national heritag

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

42 U.S.C. § 4332 — Cooperation of agencies; reports; avail-

Page 6139 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4332 (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J.R. BIDEN, JR. SUBCHAPTER I—POLICIES AND GOALS § 4331. Congressional declaration of national en- vironmental policy (a) The Congress, recognizing the profound im- pact of man’s activity on the interrelations of all components of the natural environment, par- ticularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recog- nizing further the critical importance of restor- ing and maintaining environmental quality to the overall welfare and development of man, de- clares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all prac- ticable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive har- mony, and fulfill the social, economic, and other requirements of present and future generations of Americans. (b) In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential consider- ations of national policy, to improve and coordi- nate Federal plans, functions, programs, and re- sources to the end that the Nati

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4332

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