42 U.S.C. § 10172 — Selection of Yucca Mountain site

Page 8006 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10171 of a monitored retrievable storage facility in the same manner as for a repository. (Pub. L. 97–425, title I, § 149, 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. 1330–236.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. PART D—LOW-LEVEL RADIOACTIVE WASTE § 10171. Financial arrangements for low-level ra- dioactive waste site closure (a) Financial arrangements (1) The Commission shall establish by rule, regulation, or order, after public notice, and in accordance with section 2231 of this title, such standards and instructions as the Commission may deem necessary or desirable to ensure in the case of each license for the disposal of low- level radioactive waste that an adequate bond, surety, or other financial arrangement (as deter- mined by the Commission) will be provided by a licensee to permit completion of all require- ments established by the Commission for the de- contamination, decommissioning, site closure, and reclamation of sites, structures, and equip- ment used in conjunction with such low-level ra- dioactive waste. Such financial arrangements shall be provided and approved by the Commis- sion, or, in the case of sites within the bound- aries of any agreement State under section 2021 of this title, by the appropriate State or State entity, prior to issuance of licenses for low-level radioactive waste disposal or, in the case of li- censes in effect on January 7, 1983, prior to ter- mination of such licenses. (2) If the Commission determines that any long-term maintenance or monitoring, or both, will be necessary at a site described in para- graph (1), the Commission shall ensure before termination of the license involved that the li- censee has made available such bonding, surety, or other financial arrangements as may be nec- essary to ensure that any necessary long-term maintenance or monitoring needed for such site will be carried out by the person having title and custody for such site following license ter- mination. (b) Title and custody (1) The Secretary shall have authority to as- sume title and custody of low-level radioactive waste and the land on which such waste is dis- posed of, upon request of the owner of such waste and land and following termination of the license issued by the Commission for such dis- posal, if the Commission determines that— (A) the requirements of the Commission for site closure, decommissioning, and decon- tamination have been met by the licensee in- volved and that such licensee is in compliance with the provisions of subsection (a); (B) such title and custody will be transferred to the Secretary without cost to the Federal Government; and (C) Federal ownership and management of such site is necessary or desirable in order to protect the public health and safety, and the environment. (2) If the Secretary assumes title and custody of any such waste and land under this sub- section, the Secretary shall maintain such waste and land in a manner that will protect the public health and safety, and the environment. (c) Special sites If the low-level radioactive waste involved is the result of a licensed activity to recover zir- conium, hafnium, and rare earths from source material, the Secretary, upon request of the owner of the site involved, shall assume title and custody of such waste and the land on which it is disposed when such site has been decon- taminated and stabilized in accordance with the requirements established by the Commission and when such owner has made adequate finan- cial arrangements approved by the Commission for the long-term maintenance and monitoring of such site. (Pub. L. 97–425, title I, § 151, Jan. 7, 1983, 96 Stat. 2244.) PART E—REDIRECTION OF NUCLEAR WASTE PROGRAM § 10172. Selection of Yucca Mountain site (a) In general (1) The Secretary shall provide for an orderly phase-out of site specific activities at all can- didate sites other than the Yucca Mountain site. (2) The Secretary shall terminate all site spe- cific activities (other than reclamation activi- ties) at all candidate sites, other than the Yucca Mountain site, within 90 days after December 22, 1987. (b) Eligibility to enter into benefits agreement Effective on December 22, 1987, the State of Nevada shall be eligible to enter into a benefits agreement with the Secretary under section 10173 of this title. (Pub. L. 97–425, title I, § 160, 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, § 5011(a), Dec. 22, 1987, 101 Stat. 1330–227.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. § 10172a. Siting a second repository (a) Congressional action required The Secretary may not conduct site-specific activities with respect to a second repository unless Congress has specifically authorized and appropriated funds for such activities. (b) Report The Secretary shall report to the President and to Congress on or after January 1, 2007, but not later than January 1, 2010, on the need for a second repository. (c) Termination of granite research Not later than 6 months after December 22, 1987, the Secretary shall phase out in an orderly