42 U.S.C. § 10198 — Research and development on spent nu-

Page 8014 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10198 authorized in this section, shall be constructed and operated as research, development, and demonstration facilities, and shall not be sub- ject to licensing under section 5842 of this title. (3)(A) The Commission shall carry out a con- tinuing analysis of the activities undertaken under this section to evaluate the adequacy of the consideration of public health and safety issues. (B) The Commission shall report to the Presi- dent, the Secretary, and the Congress as the Commission considers appropriate with respect to the conduct of activities under this section. (g) Environmental review The Secretary shall prepare an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) prior to conducting tests with radioactive materials at the test and evaluation facility. Such environmental impact statement shall incorporate, to the extent practicable, the environmental assessment prepared under sub- section (a). Nothing in this subsection may be construed to limit siting research activities con- ducted under section 10194 of this title. This sub- section shall apply only to activities performed exclusively for a test and evaluation facility. (h) Limitations (1) If the test and evaluation facility is not lo- cated at the site of a repository, the Secretary shall obtain the concurrence of the Commission with respect to the decontamination and decom- missioning of such facility. (2) If the test and evaluation facility is not lo- cated at a candidate site or repository site, the Secretary shall conduct only the portion of the in situ testing program required in subsection (c) determined by the Secretary to be useful in carrying out the purposes of this chapter. (3) The operation of the test and evaluation fa- cility shall terminate not later than— (A) 5 years after the date on which the ini- tial repository begins operation; or (B) at such time as the Secretary determines that the continued operation of a test and evaluation facility is not necessary for re- search, development, and demonstration pur- poses; whichever occurs sooner. (4) Notwithstanding any other provisions of this subsection, as soon as practicable following any determination by the Secretary, with the concurrence of the Commission, that the test and evaluation facility is unsuitable for contin- ued operation, the Secretary shall take such ac- tions as are necessary to remove from such site any radioactive material placed on such site as a result of testing and evaluation activities con- ducted under this section. Such requirement may be waived if the Secretary, with the con- currence of the Commission, finds that short- term testing and evaluation activities using ra- dioactive material will not endanger the public health and safety. (Pub. L. 97–425, title II, § 217, Jan. 7, 1983, 96 Stat. 2249.) Editorial Notes REFERENCES IN TEXT The Atomic Energy Act of 1954, referred to in subsec. (e), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified prin- cipally 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. This subchapter, referred to in subsec. (f)(1)(A), was in the original ‘‘this subtitle’’, and was translated as this subchapter to reflect the probable intent of Con- gress because title II of Pub. L. 97–425, which enacted this subchapter, does not contain subtitles. § 10198. Research and development on spent nu- clear fuel (a) Demonstration and cooperative programs The Secretary shall establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civil- ian nuclear power reactor sites, with the objec- tive of establishing one or more technologies that the Commission may, by rule, approve for use at the sites of civilian nuclear power reac- tors without, to the maximum extent prac- ticable, the need for additional site-specific ap- provals by the Commission. Not later than 1 year after January 7, 1983, the Secretary shall select at least 1, but not more than 3, sites eval- uated under section 10194 of this title at such power reactors. In selecting such site or sites, the Secretary shall give preference to civilian nuclear power reactors that will soon have a shortage of interim storage capacity for spent nuclear fuel. Subject to reaching agreement as provided in subsection (b), the Secretary shall undertake activities to assist such power reac- tors with demonstration projects at such sites, which may use one of the following types of al- ternate storage technologies: spent nuclear fuel storage casks, caissons, or silos. The Secretary shall also undertake a cooperative program with civilian nuclear power reactors to encourage the development of the technology for spent nuclear fuel rod consolidation in existing power reactor water storage basins. (b) Cooperative agreements To carry out the programs described in sub- section (a), the Secretary shall enter into a co- operative agreement with each utility involved that specifies, at a minimum, that— (1) such utility shall select the alternate storage technique to be used, make the land and spent nuclear fuel available for the dry storage demonstration, submit and provide site-specific documentation for a license appli- cation to the Commission, obtain a license re- lating to the facility involved, construct such facility, operate such facility after licensing, pay the costs required to construct such facil- ity, and pay all costs associated with the oper- ation and maintenance of such facility; (2) the Secretary shall provide, on a cost- sharing basis, consultative and technical as- sistance, including design support and generic licensing documentation, to assist such utility in obtaining the construction authorization and appropriate license from the Commission; and Page 8015 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10201 (3) the Secretary shall provide generic re- search and development of alternative spent nuclear fuel storage techniques to enhance utility-provided, at-reactor storage capabili- ties, if authorized in any other provision of this chapter or in any other provision of law. (c) Dry storage research and development (1) The consultative and technical assistance referred to in subsection (b)(2) may include, but shall not be limited to, the establishment of a research and development program for the dry storage of not more than 300 metric tons of spent nuclear fuel at facilities owned by the Federal Government on January 7, 1983. The purpose of such program shall be to collect nec- essary data to assist the utilities involved in the licensing process. (2) To the extent available, and consistent with the provisions of section 10155 of this title, the Secretary shall provide spent nuclear fuel for the research and development program au- thorized in this subsection from spent nuclear fuel received by the Secretary for storage under section 10155 of this title. Such spent nuclear fuel shall not be subject to the provisions of sec- tion 10155(e) of this title. (d) Funding The total contribution from the Secretary from Federal funds and the use of Federal facili- ties or services shall not exceed 25 percent of the total costs of the demonstration program au- thorized in subsection (a), as estimated by the Secretary. All remaining costs of such program shall be paid by the utilities involved or shall be provided by the Secretary from the Interim Storage Fund established in section 10156 of this title. (e) Relation to spent nuclear fuel storage pro- gram The spent nuclear fuel storage program au- thorized in section 10155 of this title shall not be construed to authorize the use of research devel- opment or demonstration facilities owned by the Department unless— (1) a period of 30 calendar days (not includ- ing any day in which either House of Congress is not in session because of adjournment of more than 3 calendar days to a day certain) has passed after the Secretary has transmitted to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Re- sources of the Senate a written report con- taining a full and complete statement con- cerning (A) the facility involved; (B) any nec- essary modifications; (C) the cost thereof; and (D) the impact on the authorized research and development program; or (2) each such committee, before the expira- tion of such period, has transmitted to the Secretary a written notice to the effect that such committee has no objection to the pro- posed use of such facility. (Pub. L. 97–425, title II, § 218, Jan. 7, 1983, 96 Stat. 2252; Pub. L. 103–437, § 15(c)(10), Nov. 2, 1994, 108 Stat. 4592.) Editorial Notes AMENDMENTS 1994—Subsec. (e)(1). Pub. L. 103–437 substituted ‘‘Com- mittee on Science, Space, and Technology’’ for ‘‘Com- mittee on Science and Technology’’. § 10199. Payments to States and Indian tribes (a) Payments Subject to subsection (b), the Secretary shall make payments to each State or affected Indian tribe that has entered into an agreement pursu- ant to section 10195 of this title. The Secretary shall pay an amount equal to 100 percent of the expenses incurred by such State or Indian tribe in engaging in any monitoring, testing, evalua- tion, or other consultation and cooperation ac- tivity under section 10195 of this title with re- spect to any site. The amount paid by the Sec- retary under this paragraph shall not exceed $3,000,000 per year from the date on which the site involved was identified to the date on which the decontamination and decommission of the facility is complete pursuant to section 10197(h) of this title. Any such payment may only be made to a State in which a potential site for a test and evaluation facility has been identified under section 10193 of this title, or to an affected Indian tribe where the potential site has been identified under such section. (b) Limitation The Secretary shall make any payment to a State under subsection (a) only if such State agrees to provide, to each unit of general local government within the jurisdictional boundaries of which the potential site or effectively se- lected site involved is located, at least one-tenth of the payments made by the Secretary to such State under such subsection. A State or affected Indian tribe receiving any payment under sub- section (a) shall otherwise have discretion to use such payment for whatever purpose it deems necessary, including the State or tribal activi- ties pursuant to agreements entered into in ac- cordance with section 10195 of this title. Annual payments shall be prorated on a 365-day basis to the specified dates. (Pub. L. 97–425, title II, § 219, Jan. 7, 1983, 96 Stat. 2253.) § 10200. Study of research and development needs for monitored retrievable storage pro- posal Not later than 6 months after January 7, 1983, the Secretary shall submit to the Congress a re- port describing the research and development activities the Secretary considers necessary to develop the proposal required in section 10161(b) of this title with respect to a monitored retriev- able storage facility. (Pub. L. 97–425, title II, § 220, Jan. 7, 1983, 96 Stat. 2254.) § 10201. Judicial review Judicial review of research and development activities under this subchapter shall be in ac- cordance with the provisions of section 10139 of this title. (Pub. L. 97–425, title II, § 221, Jan. 7, 1983, 96 Stat. 2254.)