42 U.S.C. § 10195 — Test and evaluation facility siting review

Page 8011 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10195 be in different geologic media in the continental United States, and at least 1 of which shall be in media other than salt. Subject to Commission requirements, the Secretary shall give pref- erence to sites for the test and evaluation facil- ity in media possessing geochemical character- istics that retard aqueous transport of radio- nuclides. In order to provide a greater possible protection of public health and safety as oper- ating experience is gained at the test and eval- uation facility, and with the exception of the primary areas under review by the Secretary on January 7, 1983, for the location of a test and evaluation facility or repository, all sites identi- fied under this subsection shall be more than 15 statute miles from towns having a population of greater than 1,000 persons as determined by the most recent census unless such sites contain high-level radioactive waste prior to identifica- tion under this subchapter. Each identification of a site shall be supported by an environmental assessment, which shall include a detailed state- ment of the basis for such identification and of the probable impacts of the siting research ac- tivities planned for such site, and a discussion of alternative activities relating to siting research that may be undertaken to avoid such impacts. Such environmental assessment shall include— (A) an evaluation by the Secretary as to whether such site is suitable for siting re- search under the guidelines established under subsection (a); (B) an evaluation by the Secretary of the ef- fects of the siting research activities at such site on the public health and safety and the environment; (C) a reasonable comparative evaluation by the Secretary of such site with other sites and locations that have been considered; (D) a description of the decision process by which such site was recommended; and (E) an assessment of the regional and local impacts of locating the proposed test and eval- uation facility at such site. (2) When the Secretary identifies a site, the Secretary shall as soon as possible notify the Governor of the State in which such site is lo- cated, or the governing body of the affected In- dian tribe where such site is located, of such identification and the basis of such identifica- tion. Additional sites for the location of the test and evaluation facility authorized in section 10222(d) of this title may be identified after such 1 year period, following the same procedure as if such sites had been identified within such pe- riod. (Pub. L. 97–425, title II, § 213, Jan. 7, 1983, 96 Stat. 2245; Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1000.) Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States Geological Survey’’ substituted for ‘‘Geological Survey’’ in subsec. (a) pursuant to provi- sion of title I of Pub. L. 102–154, set out as a note under section 31 of Title 43, Public Lands. § 10194. Siting research and related activities (a) In general Not later than 30 months after the date on which the Secretary completes the identifica- tion of sites under section 10193 of this title, the Secretary is authorized to complete sufficient evaluation of 3 sites to select a site for expanded siting research activities and for other activities under section 10198 of this title. The Secretary is authorized to conduct such preconstruction ac- tivities relative to such site selection for the test and evaluation facility as he deems appro- priate. Additional sites for the location of the test and evaluation facility authorized in sec- tion 10222(d) of this title may be evaluated after such 30-month period, following the same proce- dures as if such sites were to be evaluated with- in such period. (b) Public meetings and environmental assess- ment Not later than 6 months after the date on which the Secretary completes the identifica- tion of sites under section 10193 of this title, and before beginning siting research activities, the Secretary shall hold at least 1 public meeting in the vicinity of each site to inform the residents of the area of the activities to be conducted at such site and to receive their views. (c) Restrictions Except as provided in section 10198 of this title with respect to a test and evaluation facility, in conducting siting research activities pursuant to subsection (a)— (1) the Secretary shall use the minimum quantity of high-level radioactive waste or other radioactive materials, if any, necessary to achieve the test or research objectives; (2) the Secretary shall ensure that any ra- dioactive material used or placed on a site shall be fully retrievable; and (3) upon termination of siting research ac- tivities at a site for any reason, the Secretary shall remove any radioactive material at or in the site as promptly as practicable. (d) Title to material The Secretary may take title, in the name of the Federal Government, to the high-level radio- active waste, spent nuclear fuel, or other radio- active material emplaced in a test and evalua- tion facility. If the Secretary takes title to any such material, the Secretary shall enter into the appropriate financial arrangements described in subsection (a) or (b) of section 10222 of this title for the disposal of such material. (Pub. L. 97–425, title II, § 214, Jan. 7, 1983, 96 Stat. 2247.) § 10195. Test and evaluation facility siting review and reports (a) Consultation and cooperation The Governor of a State, or the governing body of an affected Indian tribe, notified of a site identification under section 10193 of this title shall have the right to participate in a process of consultation and cooperation as soon as the site involved has been identified pursuant to such section and throughout the life of the test and evaluation facility. For purposes of this section, the term ‘‘process of consultation and cooperation’’ means a methodology— (1) by which the Secretary— (A) keeps the Governor or governing body involved fully and currently informed about Page 8012 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10196 1 So in original. Probably should be ‘‘10194’’. any potential economic or public health and safety impacts in all stages of the siting, de- velopment, construction, and operation of a test and evaluation facility; (B) solicits, receives, and evaluates con- cerns and objections of such Governor or governing body with regard to such test and evaluation facility on an ongoing basis; and (C) works diligently and cooperatively to resolve such concerns and objections; and (2) by which the State or affected Indian tribe involved can exercise reasonable inde- pendent monitoring and testing of onsite ac- tivities related to all stages of the siting, de- velopment, construction and operation of the test and evaluation facility, except that any such monitoring and testing shall not unrea- sonably interfere with onsite activities. (b) Written agreements The Secretary shall enter into written agree- ments with the Governor of the State in which an identified site is located or with the gov- erning body of any affected Indian tribe where an identified site is located in order to expedite the consultation and cooperation process. Any such written agreement shall specify— (1) procedures by which such Governor or governing body may study, determine, com- ment on, and make recommendations with re- gard to the possible health, safety, and eco- nomic impacts of the test and evaluation facil- ity; (2) procedures by which the Secretary shall consider and respond to comments and rec- ommendations made by such Governor or gov- erning body, including the period in which the Secretary shall so respond; (3) the documents the Department is to sub- mit to such Governor or governing body, the timing for such submissions, the timing for such Governor or governing body to identify public health and safety concerns and the process to be followed to try to eliminate those concerns; (4) procedures by which the Secretary and either such Governor or governing body may review or modify the agreement periodically; and (5) procedures for public notification of the procedures specified under subparagraphs (A) through (D). (c) Limitation Except as specifically provided in this section, nothing in this subchapter is intended to grant any State or affected Indian tribe any authority with respect to the siting, development, or load- ing of the test and evaluation facility. (Pub. L. 97–425, title II, § 215, Jan. 7, 1983, 96 Stat. 2247.) § 10196. Federal agency actions (a) Cooperation and coordination Federal agencies shall assist the Secretary by cooperating and coordinating with the Sec- retary in the preparation of any necessary re- ports under this subchapter and the mission plan under section 10221 of this title. (b) Environmental review (1) No action of the Secretary or any other Federal agency required by this subchapter or section 10221 of this title with respect to a test and evaluation facility to be taken prior to the initiation of onsite construction of a test and evaluation facility shall require the preparation of an environmental impact statement under section 102(2)(C) of the Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), or to require the preparation of environmental reports, except as otherwise specifically provided for in this sub- chapter. (2) The Secretary and the heads of all other Federal agencies shall, to the maximum extent possible, avoid duplication of efforts in the prep- aration of reports under the National Environ- mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (Pub. L. 97–425, title II, § 216, Jan. 7, 1983, 96 Stat. 2248.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (b)(2), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of this title and Tables. § 10197. Research and development on disposal of high-level radioactive waste (a) Purpose Not later than 64 months after January 7, 1983, the Secretary is authorized to, to the extent practicable, begin at a site evaluated under sec- tion 10194 of this title, as part of and as an ex- tension of siting research activities of such site under such section, the mining and construction of a test and evaluation facility. Prior to the mining and construction of such facility, the Secretary shall prepare an environmental as- sessment. The purpose of such facility shall be— (1) to supplement and focus the repository site characterization process; (2) to provide the conditions under which known technological components can be inte- grated to demonstrate a functioning reposi- tory-like system; (3) to provide a means of identifying, evalu- ating, and resolving potential repository li- censing issues that could not be resolved dur- ing the siting research program conducted under section 10192 1 of this title; (4) to validate, under actual conditions, the scientific models used in the design of a repos- itory; (5) to refine the design and engineering of re- pository components and systems and to con- firm the predicted behavior of such compo- nents and systems; (6) to supplement the siting data, the ge- neric and specific geological characteristics developed under section 10194 of this title re- lating to isolating disposal materials in the physical environment of a repository; (7) to evaluate the design concepts for pack- aging, handling, and emplacement of high- level radioactive waste and spent nuclear fuel at the design rate; and