
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC10107]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 108--NUCLEAR WASTE POLICY
 
Sec. 10107. Applicability to atomic energy defense activities


(a) Atomic energy defense activities

    Subject to the provisions of subsection (c) of this section, the 
provisions of this chapter shall not apply with respect to any atomic 
energy defense activity or to any facility used in connection with any 
such activity.

(b) Evaluation by President

    (1) Not later than 2 years after January 7, 1983, the President 
shall evaluate the use of disposal capacity at one or more repositories 
to be developed under part A of subchapter I of this chapter for the 
disposal of high-level radioactive waste resulting from atomic energy 
defense activities. Such evaluation shall take into consideration 
factors relating to cost efficiency, health and safety, regulation, 
transportation, public acceptability, and national security.
    (2) Unless the President finds, after conducting the evaluation 
required in paragraph (1), that the development of a repository for the 
disposal of high-level radioactive waste resulting from atomic energy 
defense activities only is required, taking into account all of the 
factors described in such subsection, the Secretary shall proceed 
promptly with arrangement for the use of one or more of the repositories 
to be developed under part A of subchapter I of this chapter for the 
disposal of such waste. Such arrangements shall include the allocation 
of costs of developing, constructing, and operating this repository or 
repositories. The costs resulting from permanent disposal of high-level 
radioactive waste from atomic energy defense activities shall be paid by 
the Federal Government, into the special account established under 
section 10222 of this title.
    (3) Any repository for the disposal of high-level radioactive waste 
resulting from atomic energy defense activities only shall (A) be 
subject to licensing under section 5842 of this title; and (B) comply 
with all requirements of the Commission for the siting, development, 
construction, and operation of a repository.

(c) Applicability to certain repositories

    The provisions of this chapter shall apply with respect to any 
repository not used exclusively for the disposal of high-level 
radioactive waste or spent nuclear fuel resulting from atomic energy 
defense activities, research and development activities of the 
Secretary, or both.

(Pub. L. 97-425, Sec. 8, Jan. 7, 1983, 96 Stat. 2205.)

                  Section Referred to in Other Sections

    This section is referred to in sections 10121, 10155, 10192 of this 
title.
