42 U.S.C. § 10191 — Purpose

Page 8010 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10175 (14) other needs of the State and local gov- ernments that would not have arisen but for the characterization of the site and the con- struction, operation, and eventual closure of the repository facility. (Pub. L. 97–425, title I, § 175, 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, § 5031, Dec. 22, 1987, 101 Stat. 1330–240.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. PART H—TRANSPORTATION § 10175. Transportation (a) Packaging No spent nuclear fuel or high-level radioactive waste may be transported by or for the Sec- retary under part A or under part C except in packages that have been certified for such pur- pose by the Commission. (b) Advance notification The Secretary shall abide by regulations of the Commission regarding advance notification of State and local governments prior to trans- portation of spent nuclear fuel or high-level ra- dioactive waste under part A or under part C. (c) Training for public safety officials The Secretary shall provide technical assist- ance and funds to States for training for public safety officials of appropriate units of local gov- ernment and Indian tribes through whose juris- diction the Secretary plans to transport spent nuclear fuel or high-level radioactive waste under part A or under part C. Training shall cover procedures required for safe routine trans- portation of these materials, as well as proce- dures for dealing with emergency response situ- ations. The Waste Fund shall be the source of funds for work carried out under this subsection. (Pub. L. 97–425, title I, § 180, 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, § 5061, Dec. 22, 1987, 101 Stat. 1330–251.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. SUBCHAPTER II—RESEARCH, DEVELOP- MENT, AND DEMONSTRATION REGARD- ING DISPOSAL OF HIGH-LEVEL RADIO- ACTIVE WASTE AND SPENT NUCLEAR FUEL § 10191. Purpose It is the purpose of this subchapter— (1) to provide direction to the Secretary with respect to the disposal of high-level ra- dioactive waste and spent nuclear fuel; (2) to authorize the Secretary, pursuant to this subchapter— (A) to provide for the construction, oper- ation, and maintenance of a deep geologic test and evaluation facility; and (B) to provide for a focused and integrated high-level radioactive waste and spent nu- clear fuel research and development pro- gram, including the development of a test and evaluation facility to carry out research and provide an integrated demonstration of the technology for deep geologic disposal of high-level radioactive waste, and the devel- opment of the facilities to demonstrate dry storage of spent nuclear fuel; and (3) to provide for an improved cooperative role between the Federal Government and States, affected Indian tribes, and units of general local government in the siting of a test and evaluation facility. (Pub. L. 97–425, title II, § 211, Jan. 7, 1983, 96 Stat. 2245.) § 10192. Applicability The provisions of this subchapter are subject to section 10107 of this title and shall not apply to facilities that are used for the disposal of high-level radioactive waste, low-level radio- active waste, transuranic waste, or spent nu- clear fuel resulting from atomic energy defense activities. (Pub. L. 97–425, title II, § 212, Jan. 7, 1983, 96 Stat. 2245.) § 10193. Identification of sites (a) Guidelines Not later than 6 months after January 7, 1983, and notwithstanding the failure of other agen- cies to promulgate standards pursuant to appli- cable law, the Secretary, in consultation with the Commission, the Director of the United States Geological Survey, the Administrator, the Council on Environmental Quality, and such other Federal agencies as the Secretary con- siders appropriate, is authorized to issue, pursu- ant to section 553 of title 5, general guidelines for the selection of a site for a test and evalua- tion facility. Under such guidelines the Sec- retary shall specify factors that qualify or dis- qualify a site for development as a test and eval- uation facility, including factors pertaining to the location of valuable natural resources, hydrogeophysics, seismic activity, and atomic energy defense activities, proximity to water supplies, proximity to populations, the effect upon the rights of users of water, and proximity to components of the National Park System, the National Wildlife Refuge System, the National Wild and Scenic Rivers System, the National Wilderness Preservation System, or National Forest Lands. Such guidelines shall require the Secretary to consider the various geologic media in which the site for a test and evaluation facility may be located and, to the extent prac- ticable, to identify sites in different geologic media. The Secretary shall use guidelines estab- lished under this subsection in considering and selecting sites under this subchapter. (b) Site identification by Secretary (1) Not later than 1 year after January 7, 1983, and following promulgation of guidelines under subsection (a), the Secretary is authorized to identify 3 or more sites, at least 2 of which shall