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42 U.S.C. § 10140 — Expedited authorizations

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42 U.S.C. § 10140 — Expedited authorizations

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Page 7992 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10140 § 10140. Expedited authorizations (a) Issuance of authorizations (1) To the extent that the taking of any action related to the site characterization of a site or the construction or initial operation of a reposi- tory under this part requires a certificate, right- of-way, permit, lease, or other authorization from a Federal agency or officer, such agency or officer shall issue or grant any such authoriza- tion at the earliest practicable date, to the ex- tent permitted by the applicable provisions of law administered by such agency or officer. All actions of a Federal agency or officer with re- spect to consideration of applications or re- quests for the issuance or grant of any such au- thorization shall be expedited, and any such ap- plication or request shall take precedence over any similar applications or requests not related to such repositories. (2) The provisions of paragraph (1) shall not apply to any certificate, right-of-way, permit, lease, or other authorization issued or granted by, or requested from, the Commission. (b) Terms of authorizations Any authorization issued or granted pursuant to subsection (a) shall include such terms and conditions as may be required by law, and may include terms and conditions permitted by law. (Pub. L. 97–425, title I, § 120, Jan. 7, 1983, 96 Stat. 2227.) § 10141. Certain standards and criteria (a) Environmental Protection Agency standards Not later than 1 year after January 7, 1983, the Administrator, pursuant to authority under other provisions of law, shall, by rule, promul- gate generally applicable standards for protec- tion of the general environment from offsite re- leases from radioactive material in repositories. (b) Commission requirements and criteria (1)(A) Not later than January 1, 1984, the Com- mission, pursuant to authority under other pro- visions of law, shall, by rule, promulgate tech- nical requirements and criteria that it will apply, under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) and the Energy Reorganiza- tion Act of 1974 (42 U.S.C. 5801 et seq.), in ap- proving or disapproving— (i) applications for authorization to con- struct repositories; (ii) applications for licenses to receive and possess spent nuclear fuel and high-level ra- dioactive waste in such repositories; and (iii) applications for authorization for clo- sure and decommissioning of such reposi- tories. (B) Such criteria shall provide for the use of a system of multiple barriers in the design of the repository and shall include such restrictions on the retrievability of the solidified high-level ra- dioactive waste and spent fuel emplaced in the repository as the Commission deems appro- priate. (C) Such requirements and criteria shall not be inconsistent with any comparable standards promulgated by the Administrator under sub- section (a). (2) For purposes of this chapter, nothing in this section shall be construed to prohibit the Commission from promulgating requirements and criteria under paragraph (1) before the Ad- ministrator promulgates standards under sub- section (a). If the Administrator promulgates standards under subsection (a) after require- ments and criteria are promulgated by the Com- mission under paragraph (1), such requirements and criteria shall be revised by the Commission if necessary to comply with paragraph (1)(C). (c) Environmental impact statement The promulgation of standards or criteria in accordance with the provisions of this section shall not require the preparation of an environ- mental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), or to require any envi- ronmental review under subparagraph (E) or (F) of section 102(2) of such Act. (Pub. L. 97–425, title I, § 121, Jan. 7, 1983, 96 Stat. 2228.) Editorial Notes REFERENCES IN TEXT The Atomic Energy Act of 1954, referred to in subsec. (b)(1)(A), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. The Energy Reorganization Act of 1974, referred to in subsec. (b)(1)(A), is Pub. L. 93–438, Oct. 11, 1974, 88 Stat. 1233, which is classified principally to chapter 73 (§ 5801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 5801 of this title and Tables. Statutory Notes and Related Subsidiaries NUCLEAR WASTE STORAGE AND DISPOSAL AT YUCCA MOUNTAIN SITE Pub. L. 102–486, title VIII, § 801, Oct. 24, 1992, 106 Stat. 2921, provided that: ‘‘(a) ENVIRONMENTAL PROTECTION AGENCY STAND- ARDS.— ‘‘(1) PROMULGATION.—Notwithstanding the provi- sions of section 121(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10141(a)), section 161 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(b)), and any other authority of the Administrator of the Environ- mental Protection Agency to set generally applicable standards for the Yucca Mountain site, the Adminis- trator shall, based upon and consistent with the find- ings and recommendations of the National Academy of Sciences, promulgate, by rule, public health and safety standards for protection of the public from re- leases from radioactive materials stored or disposed of in the repository at the Yucca Mountain site. Such standards shall prescribe the maximum annual effec- tive dose equivalent to individual members of the public from releases to the accessible environment from radioactive materials stored or disposed of in the repository. The standards shall be promulgated not later than 1 year after the Administrator receives the findings and recommendations of the National Academy of Sciences under paragraph (2) and shall be the only such standards applicable to the Yucca Mountain site. ‘‘(2) STUDY BY NATIONAL ACADEMY OF SCIENCES.— Within 90 days after the date of the enactment of this Act [Oct. 24, 1992], the Administrator shall contract with the National Academy of Sciences to conduct a

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

42 U.S.C. § 10140 — State and affected Indian tribe participation 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10107&num=0&edition=prelim), upon any decision by the Secretary 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 investigations with respect to such repository, the Secretary shall notify the Governor and legislature 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 participation and consultation identical to those provided in sections 10135 through 10138 of this title, except that any financial assistance authorized 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 appropriated to the Secretary for purposes of carrying out this section.

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

42 U.S.C. § 10141 — Findings and purposes

**(a)** The Congress finds that— (1) radioactive waste creates potential risks and requires safe and environmentally acceptable 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 responsibility to provide for the permanent disposal 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 disposal should be the responsibility of the generators 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 interim 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 essential 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 purpose

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

42 U.S.C. § 10141 — Certain standards and criteria

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

42 U.S.C. § 2011 — Congressional declaration of policy

Atomic energy is capable of application for peaceful as well as military purposes. It is therefore declared to be the policy of the United States that— **(a)** the development, use, and control of atomic energy shall be directed so as to make the maximum contribution to the general welfare, subject at all times to the paramount objective of making the maximum contribution to the common defense and security; and **(b)** the development, use, and control of atomic energy shall be directed so as to promote world peace, improve the general welfare, increase the standard of living, and strengthen free competition in private enterprise.

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

42 U.S.C. § 2011 — Congressional declaration of policy

Page 5360 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2011 Sec. 2297f–2. Regulation of Restricted Data. SUBCHAPTER VII—DECONTAMINATION AND DECOMMISSIONING 2297g. Uranium Enrichment Decontamination and Decommissioning Fund. 2297g–1. Deposits. 2297g–2. Department facilities. 2297g–3. Employee provisions. 2297g–4. Reports to Congress. SUBCHAPTER VIII—UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION 2297h. Definitions. 2297h–1. Sale of Corporation. 2297h–2. Method of sale. 2297h–3. Establishment of private corporation. 2297h–4. Transfers to private corporation. 2297h–5. Leasing of gaseous diffusion facilities. 2297h–6. Transfer of contracts. 2297h–7. Liabilities. 2297h–8. Employee protections. 2297h–9. Ownership limitations. 2297h–10. Uranium transfers and sales. 2297h–10a. Incentives for additional downblending of highly enriched uranium by the Rus- sian Federation. 2297h–10b. Secretarial determinations; congres- sional notification. 2297h–11. Low-level waste. 2297h–12. AVLIS. 2297h–13. Application of certain laws. Editorial Notes CODIFICATION The Atomic Energy Act of 1954, which is classified principally to this chapter, is act Aug. 1, 1946, ch. 724. It was originally enacted as the Atomic Energy Act of 1946, act Aug. 1, 1946, ch. 724, 60 Stat. 755, which con- sisted of sections 1 to 21 and was classified generally to chapter 14 (§ 1801 et seq.) of this title. The Atomic En- ergy Act of 1946 was renamed the Atomic Energy Act of 1954 and amended generally by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, and was subsequently transferred to this chapter. Sections that were enacted as part of the 1954 general amendment are shown herein as having been added to act Aug. 1, 1946, and not as amending it, due to the

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

42 U.S.C. § 2201 — General duties of Commission

In the performance of its functions the Commission is authorized to— **(a) Establishment of advisory boards** establish advisory boards to advise with and make recommendations to the Commission on legislation, policies, administration, research, and other matters, provided that the Commission issues regulations setting forth the scope, procedure, and limitations of the authority of each such board; **(b) Standards governing use and possession of material** establish by rule, regulation, or order, such standards and instructions to govern the possession and use of special nuclear material, source material, and byproduct material as the Commission may deem necessary or desirable to promote the common defense and security or to protect health or to minimize danger to life or property; in addition, the Commission shall prescribe such regulations or orders as may be necessary or desirable to promote the Nation’s common defense and security with regard to control, ownership, or possession of any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235; **(c) Studies and investigations** make such studies and investigations, obtain such information, and hold such meetings or hearings as the Commission may deem necessary or proper to assist it in exercising any authority provided in this chapter, or in the administration or enforcement of this chapter, or any regulations or orders issued thereunder. For such purposes the Commission is authorized to administer oaths and affirmations, and by subpena to require any person to appear and testify, or to appear and produce documents, or both, at any designated place. Witnesses subpenaed under this subsecti

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

42 U.S.C. § 2201 — General duties of Commission

Page 5483 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2201 1 See References in Text note below. mission who demonstrates a need therefor. If the court, at its discretion, deems that such li- censee shall pay a reasonable royalty to the owner of the patent, the reasonable royalty shall be determined in accordance with section 2187 of this title. (Aug. 1, 1946, ch. 724, title I, § 158, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 947; amended Pub. L. 87–206, § 12, Sept. 6, 1961, 75 Stat. 478; renum- bered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes AMENDMENTS 1961—Pub. L. 87–206 made it discretionary, rather than mandatory, for the court to require payment of royalties by a licensee to the owner of a patent. § 2189. Federally financed research Nothing in this chapter shall affect the right of the Commission to require that patents granted on inventions, made or conceived during the course of federally financed research or op- erations, be assigned to the United States. (Aug. 1, 1946, ch. 724, title I, § 159, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 948; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. § 2190. Saving clause for prior patent applica- tions Any patent application on which a patent was denied by the United States Pate

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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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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

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

42 U.S.C. § 5801 — Sex discrimination prohibited

No person shall on the ground of sex be excluded from participation in, be denied a license under, be denied the benefits of, or be subjected to discrimination under any program or activity carried on or receiving Federal assistance under any subchapter of this chapter. This provision will be enforced through agency provisions and rules similar to those already established, with respect to racial and other discrimination, under title VI of the Civil Rights Act of 1964 [[42 U.S.C. 2000d](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000d&num=0&edition=prelim) et seq.]. However, this remedy is not exclusive and will not prejudice or cut off any other legal remedies available to a discriminatee.

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