42 U.S.C. § 10201 — Judicial review

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.) Page 8016 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10202 1 So in original. Probably should be ‘‘paragraph (2) of sub- section (b),’’. 2 So in original. Probably should be ‘‘section’’. 3 So in original. Probably should be ‘‘UST’’. § 10202. Research on alternatives for permanent disposal of high-level radioactive waste The Secretary shall continue and accelerate a program of research, development, and inves- tigation of alternative means and technologies for the permanent disposal of high-level radio- active waste from civilian nuclear activities and Federal research and development activities ex- cept that funding shall be made from amounts appropriated to the Secretary for purposes of carrying out this section. Such program shall include examination of various waste disposal options. (Pub. L. 97–425, title II, § 222, Jan. 7, 1983, 96 Stat. 2254.) § 10203. Technical assistance to non-nuclear weapon states in field of spent fuel storage and disposal (a) Statement of policy It shall be the policy of the United States to cooperate with and provide technical assistance to non-nuclear weapon states in the field of spent fuel storage and disposal. (b) Publication of joint notice; update (1) Within 90 days of January 7, 1983, the Sec- retary and the Commission shall publish a joint notice in the Federal Register stating that the United States is prepared to cooperate with and provide technical assistance to non-nuclear weapon states in the fields of at-reactor spent fuel storage; away-from-reactor spent fuel stor- age; monitored, retrievable spent fuel storage; geologic disposal of spent fuel; and the health, safety, and environmental regulation of such ac- tivities. The notice shall summarize the re- sources that can be made available for inter- national cooperation and assistance in these fields through existing programs of the Depart- ment and the Commission, including the avail- ability of: (i) data from past or ongoing research and development projects; (ii) consultations with expert Department or Commission per- sonnel or contractors; and (iii) liaison with pri- vate business entities and organizations work- ing in these fields. (2) The joint notice described in the preceding subparagraph shall be updated and reissued an- nually for 5 succeeding years. (c) Notification to non-nuclear weapon states; ex- pressions of interest Following publication of the annual joint no- tice referred to in paragraph (2),1 the Secretary of State shall inform the governments of non- nuclear weapon states and, as feasible, the orga- nizations operating nuclear powerplants in such states, that the United States is prepared to co- operate with and provide technical assistance to non-nuclear weapon states in the fields of spent fuel storage and disposal, as set forth in the joint notice. The Secretary of State shall also solicit expressions of interest from non-nuclear weapon state governments and non-nuclear weapon state nuclear power reactor operators concerning their participation in expanded United States cooperation and technical assist- ance programs in these fields. The Secretary of State shall transmit any such expressions of in- terest to the Department and the Commission. (d) Funding requests With his budget presentation materials for the Department and the Commission for fiscal years 1984 through 1989, the President shall include funding requests for an expanded program of co- operation and technical assistance with non-nu- clear weapon states in the fields of spent fuel storage and disposal as appropriate in light of expressions of interest in such cooperation and assistance on the part of non-nuclear weapon state governments and non-nuclear weapon state nuclear power reactor operators. (e) ‘‘Non-nuclear weapon state’’ defined For the purposes of this subsection,2 the term ‘‘non-nuclear weapon state’’ shall have the same meaning as that set forth in article IX of the Treaty on the Non-Proliferation of Nuclear Weapons (21 U.S.C.3 438). (f) Unauthorized actions Nothing in this subsection 2 shall authorize the Department or the Commission to take any ac- tion not authorized under existing law. (Pub. L. 97–425, title II, § 223, Jan. 7, 1983, 96 Stat. 2254.) Editorial Notes REFERENCES IN TEXT The Treaty on the Non-Proliferation of Nuclear Weapons, referred to in subsec. (e), is set out in 21 UST 483; TIAS 6839. § 10204. Subseabed disposal (a) Repealed. Pub. L. 104–66, title I, § 1051(d), Dec. 21, 1995, 109 Stat. 716 (b) Office of Subseabed Disposal Research (1) There is hereby established an Office of Subseabed Disposal Research within the Office of Science of the Department of Energy. The Of- fice shall be headed by the Director, who shall be a member of the Senior Executive Service ap- pointed by the Director of the Office of Science, and compensated at a rate determined by appli- cable law. (2) The Director of the Office of Subseabed Dis- posal Research shall be responsible for carrying out research, development, and demonstration activities on all aspects of subseabed disposal of high-level radioactive waste and spent nuclear fuel, subject to the general supervision of the Secretary. The Director of the Office shall be di- rectly responsible to the Director of the Office of Science, and the first such Director shall be appointed within 30 days of December 22, 1987. (3) In carrying out his responsibilities under this chapter, the Secretary may make grants to, or enter into contracts with, the Subseabed Con- sortium described in subsection (d) of this sec- tion, and other persons. (4)(A) Within 60 days of December 22, 1987, the Secretary shall establish a university-based