42 U.S.C. § 10157 — Transportation

Page 8000 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10157 2 See References in Text note below. 1 So in original. No subsec. (b) has been enacted. ough existing in the State of Alaska on January 7, 1983, and any other unit of government below the State level which is a unit of general gov- ernment as determined by the Secretary. (f) Administration of Storage Fund (1) The Secretary of the Treasury shall hold the Storage Fund and, after consultation with the Secretary, annually report to the Congress on the financial condition and operations of the Storage Fund during the preceding fiscal year. (2) The Secretary shall submit the budget of the Storage Fund to the Office of Management and Budget triennially along with the budget of the Department of Energy submitted at such time in accordance with chapter 11 of title 31. The budget of the Storage Fund shall consist of estimates made by the Secretary of expendi- tures from the Storage Fund and other relevant financial matters for the succeeding 3 fiscal years, and shall be included in the Budget of the United States Government. The Secretary may make expenditures from the Storage Fund, sub- ject to appropriations which shall remain avail- able until expended. Appropriations shall be sub- ject to triennial authorization. (3) If the Secretary determines that the Stor- age Fund contains at any time amounts in ex- cess of current needs, the Secretary may request the Secretary of the Treasury to invest such amounts, or any portion of such amounts as the Secretary determines to be appropriate, in obli- gations of the United States— (A) having maturities determined by the Secretary of the Treasury to be appropriate to the needs of the Storage Fund; and (B) bearing interest at rates determined to be appropriate by the Secretary of the Treas- ury, taking into consideration the current av- erage market yield on outstanding marketable obligations of the United States with remain- ing periods to maturity comparable to the ma- turities of such investments, except that the interest rate on such investments shall not ex- ceed the average interest rate applicable to ex- isting borrowings. (4) Receipts, proceeds, and recoveries realized by the Secretary under this section, and expend- itures of amounts from the Storage Fund, shall be exempt from annual apportionment under the provisions of subchapter II of chapter 15 of title 31. (5) If at any time the moneys available in the Storage Fund are insufficient to enable the Sec- retary to discharge his responsibilities under this part, the Secretary shall issue to the Sec- retary of the Treasury obligations in such forms and denominations, bearing such maturities, and subject to such terms and conditions as may be agreed to by the Secretary and the Secretary of the Treasury. The total of such obligations shall not exceed amounts provided in appropria- tion Acts. Redemption of such obligations shall be made by the Secretary from moneys available in the Storage Fund. Such obligations shall bear interest at a rate determined by the Secretary of the Treasury, which shall be not less than a rate determined by taking into consideration the average market yield on outstanding mar- ketable obligations of the United States of com- parable maturities during the month preceding the issuance of the obligations under this para- graph. The Secretary of the Treasury shall pur- chase any issued obligations, and for such pur- pose the Secretary of the Treasury is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, and the purposes for which securities may be issued under such Act 2 are ex- tended to include any purchase of such obliga- tions. The Secretary of the Treasury may at any time sell any of the obligations acquired by him under this paragraph. All redemptions, pur- chases, and sales by the Secretary of the Treas- ury of obligations under this paragraph shall be treated as public debt transactions of the United States. (6) Any appropriations made available to the Storage Fund for any purpose described in sub- section (d) shall be repaid into the general fund of the Treasury, together with interest from the date of availability of the appropriations until the date of repayment. Such interest shall be paid on the cumulative amount of appropria- tions available to the Storage Fund, less the av- erage undisbursed cash balance in the Storage Fund account during the fiscal year involved. The rate of such interest shall be determined by the Secretary of the Treasury taking into con- sideration the average market yield during the month preceding each fiscal year on outstanding marketable obligations of the United States of comparable maturity. Interest payments may be deferred with the approval of the Secretary of the Treasury, but any interest payments so de- ferred shall themselves bear interest. (Pub. L. 97–425, title I, § 136, Jan. 7, 1983, 96 Stat. 2237.) Editorial Notes REFERENCES IN TEXT Such Act, referred to in subsec. (f)(5), probably means chapter 31 of Title 31, Money and Finance. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (f)(1) of this section relating to annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 1st item on page 140 of House Document No. 103–7. § 10157. Transportation (a)(1) 1 Transportation of spent nuclear fuel under section 10156(a) of this title shall be sub- ject to licensing and regulation by the Commis- sion and by the Secretary of Transportation as provided for transportation of commercial spent nuclear fuel under existing law. (2) The Secretary, in providing for the trans- portation of spent nuclear fuel under this chap- ter, shall utilize by contract private industry to the fullest extent possible in each aspect of such transportation. The Secretary shall use direct Federal services for such transportation only upon a determination of the Secretary of Trans- Page 8001 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10161 portation, in consultation with the Secretary, that private industry is unable or unwilling to provide such transportation services at reason- able cost. (Pub. L. 97–425, title I, § 137, Jan. 7, 1983, 96 Stat. 2241.) PART C—MONITORED RETRIEVABLE STORAGE § 10161. Monitored retrievable storage (a) Findings The Congress finds that— (1) long-term storage of high-level radio- active waste or spent nuclear fuel in mon- itored retrievable storage facilities is an op- tion for providing safe and reliable manage- ment of such waste or spent fuel; (2) the executive branch and the Congress should proceed as expeditiously as possible to consider fully a proposal for construction of one or more monitored retrievable storage fa- cilities to provide such long-term storage; (3) the Federal Government has the responsi- bility to ensure that site-specific designs for such facilities are available as provided in this section; (4) the generators and owners of the high- level radioactive waste and spent nuclear fuel to be stored in such facilities have the respon- sibility to pay the costs of the long-term stor- age of such waste and spent fuel; and (5) disposal of high-level radioactive waste and spent nuclear fuel in a repository devel- oped under this chapter should proceed regard- less of any construction of a monitored re- trievable storage facility pursuant to this sec- tion. (b) Submission of proposal by Secretary (1) On or before June 1, 1985, the Secretary shall complete a detailed study of the need for and feasibility of, and shall submit to the Con- gress a proposal for, the construction of one or more monitored retrievable storage facilities for high-level radioactive waste and spent nuclear fuel. Each such facility shall be designed— (A) to accommodate spent nuclear fuel and high-level radioactive waste resulting from ci- vilian nuclear activities; (B) to permit continuous monitoring, man- agement, and maintenance of such spent fuel and waste for the foreseeable future; (C) to provide for the ready retrieval of such spent fuel and waste for further processing or disposal; and (D) to safely store such spent fuel and waste as long as may be necessary by maintaining such facility through appropriate means, in- cluding any required replacement of such fa- cility. (2) Such proposal shall include— (A) the establishment of a Federal program for the siting, development, construction, and operation of facilities capable of safely storing high-level radioactive waste and spent nuclear fuel, which facilities are to be licensed by the Commission; (B) a plan for the funding of the construction and operation of such facilities, which plan shall provide that the costs of such activities shall be borne by the generators and owners of the high-level radioactive waste and spent nu- clear fuel to be stored in such facilities; (C) site-specific designs, specifications, and cost estimates sufficient to (i) solicit bids for the construction of the first such facility; (ii) support congressional authorization of the construction of such facility; and (iii) enable completion and operation of such facility as soon as practicable following congressional authorization of such facility; and (D) a plan for integrating facilities con- structed pursuant to this section with other storage and disposal facilities authorized in this chapter. (3) In formulating such proposal, the Sec- retary shall consult with the Commission and the Administrator, and shall submit their com- ments on such proposal to the Congress at the time such proposal is submitted. (4) The proposal shall include, for the first such facility, at least 3 alternative sites and at least 5 alternative combinations of such pro- posed sites and facility designs consistent with the criteria of paragraph (1). The Secretary shall recommend the combination among the alter- natives that the Secretary deems preferable. The environmental assessment under subsection (c) shall include a full analysis of the relative advantages and disadvantages of all 5 such alter- native combinations of proposed sites and pro- posed facility designs. (c) Environmental impact statements (1) Preparation and submission to the Con- gress of the proposal required in 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)). The Secretary shall prepare, in accordance with regulations issued by the Secretary implementing such Act [42 U.S.C. 4321 et seq.], an environmental assess- ment with respect to such proposal. Such envi- ronmental assessment shall be based upon avail- able information regarding alternative tech- nologies 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 proposal is sub- mitted. (2) If the Congress by law, after review of the proposal submitted by the Secretary under sub- section (b), specifically authorizes construction of a monitored retrievable storage facility, the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply with respect to construction of such facil- ity, except that any environmental impact statement prepared with respect to such facility shall not be required to consider the need for such facility or any alternative to the design criteria for such facility set forth in subsection (b)(1). (d) Licensing Any facility authorized pursuant to this sec- tion shall be subject to licensing under section 5842(3) of this title. In reviewing the application filed by the Secretary for licensing of the first such facility, the Commission may not consider