42 U.S.C. § 10169 — Financial assistance

Page 8005 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10169 1 So in original. Section 10135(d) of this title does not relate to Commission issuance of license. except as provided under section 10135(c) of this title. (b) References For purposes of carrying out the provisions of this subsection,1 references in section 10135(c) of this title to a repository shall be considered to refer to a monitored retrievable storage facility and references to a notice of disapproval of a re- pository site designation under section 10136(b) or 10138(a) of this title shall be considered to refer to a notice of disapproval under this sec- tion. (Pub. L. 97–425, title I, § 146, 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. 1330–235.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. § 10167. Benefits agreement Once selection of a site for a monitored re- trievable storage facility is made by the Sec- retary under section 10165 of this title, the In- dian tribe on whose reservation the site is lo- cated, or, in the case that the site is not located on a reservation, the State in which the site is located, shall be eligible to enter into a benefits agreement with the Secretary under section 10173 of this title. (Pub. L. 97–425, title I, § 147, 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. 1330–235.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. § 10168. Construction authorization (a) Environmental impact statement (1) Once the selection of a site is effective under section 10166 of this title, the require- ments of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply with respect to construction of a monitored re- trievable storage facility, except that any envi- ronmental impact statement prepared with re- spect to such facility shall not be required to consider the need for such facility or any alter- native to the design criteria for such facility set forth in section 10161(b)(1) of this title. (2) Nothing in this section shall be construed to limit the consideration of alternative facility designs consistent with the criteria described in section 10161(b)(1) of this title in any environ- mental impact statement, or in any licensing procedure of the Commission, with respect to any monitored retrievable storage facility au- thorized under section 10162(b) of this title. (b) Application for construction license Once the selection of a site for a monitored re- trievable storage facility is effective under sec- tion 10166 of this title, the Secretary may sub- mit an application to the Commission for a li- cense to construct such a facility as part of an integrated nuclear waste management system and in accordance with the provisions of this section and applicable agreements under this chapter affecting such facility. (c) Licensing Any monitored retrievable storage facility au- thorized pursuant to section 10162(b) of this title shall be subject to licensing under section 5842(3) of this title. In reviewing the application filed by the Secretary for licensing of such facility, the Commission may not consider the need for such facility or any alternative to the design criteria for such facility set forth in section 10161(b)(1) of this title. (d) Licensing conditions Any license issued by the Commission for a monitored retrievable storage facility under this section shall provide that— (1) construction of such facility may not begin until the Commission has issued a li- cense for the construction of a repository under section 10135(d) 1 of this title; (2) construction of such facility or accept- ance of spent nuclear fuel or high-level radio- active waste shall be prohibited during such time as the repository license is revoked by the Commission or construction of the reposi- tory ceases; (3) the quantity of spent nuclear fuel or high-level radioactive waste at the site of such facility at any one time may not exceed 10,000 metric tons of heavy metal until a repository under this chapter first accepts spent nuclear fuel or solidified high-level radioactive waste; and (4) the quantity of spent nuclear fuel or high-level radioactive waste at the site of such facility at any one time may not exceed 15,000 metric tons of heavy metal. (Pub. L. 97–425, title I, § 148, 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. 1330–235.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (a)(1), 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. CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. § 10169. Financial assistance The provisions of section 10136(c) or 10138(b) of this title with respect to grants, technical as- sistance, and other financial assistance shall apply to the State, to affected Indian tribes and to affected units of local government in the case 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