
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC10132]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 108--NUCLEAR WASTE POLICY
 
  SUBCHAPTER I--DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE, 
           SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE WASTE
 
 Part A--Repositories for Disposal of High-Level Radioactive Waste and 
                           Spent Nuclear Fuel
 
Sec. 10132. Recommendation of candidate sites for site 
        characterization
        

(a) Guidelines

    Not later than 180 days after January 7, 1983, the Secretary, 
following consultation with the Council on Environmental Quality, the 
Administrator of the Environmental Protection Agency, the Director of 
the United States Geological Survey, and interested Governors, and the 
concurrence of the Commission shall issue general guidelines for the 
recommendation of sites for repositories. Such guidelines shall specify 
detailed geologic considerations that shall be primary criteria for the 
selection of sites in various geologic media. Such guidelines shall 
specify factors that qualify or disqualify any site from development as 
a repository, including factors pertaining to the location of valuable 
natural resources, hydrology, geophysics, seismic activity, and atomic 
energy defense activities, proximity to water supplies, proximity to 
populations, the effect upon the rights of users of water, and proximity 
to components of the National Park System, the National Wildlife Refuge 
System, the National Wild and Scenic Rivers System, the National 
Wilderness Preservation System, or National Forest Lands. Such 
guidelines shall take into consideration the proximity to sites where 
high-level radioactive waste and spent nuclear fuel is generated or 
temporarily stored and the transportation and safety factors involved in 
moving such waste to a repository. Such guidelines shall specify 
population factors that will disqualify any site from development as a 
repository if any surface facility of such repository would be located 
(1) in a highly populated area; or (2) adjacent to an area 1 mile by 1 
mile having a population of not less than 1,000 individuals. Such 
guidelines also shall require the Secretary to consider the cost and 
impact of transporting to the repository site the solidified high-level 
radioactive waste and spent fuel to be disposed of in the repository and 
the advantages of regional distribution in the siting of repositories. 
Such guidelines shall require the Secretary to consider the various 
geologic media in which sites for repositories may be located and, to 
the extent practicable, to recommend sites in different geologic media. 
The Secretary shall use guidelines established under this subsection in 
considering candidate sites for recommendation under subsection (b) of 
this section. The Secretary may revise such guidelines from time to 
time, consistent with the provisions of this subsection.

(b) Recommendation by Secretary to President

    (1)(A) Following the issuance of guidelines under subsection (a) of 
this section and consultation with the Governors of affected States, the 
Secretary shall nominate at least 5 sites that he determines suitable 
for site characterization for selection of the first repository site.
    (B) Subsequent to such nomination, the Secretary shall recommend to 
the President 3 of the nominated sites not later than January 1, 1985 
for characterization as candidate sites.
    (C) Such recommendations under subparagraph (B) shall be consistent 
with the provisions of section 10225 of this title.
    (D) Each nomination of a site under this subsection shall be 
accompanied by an environmental assessment, which shall include a 
detailed statement of the basis for such recommendation and of the 
probable impacts of the site characterization activities planned for 
such site, and a discussion of alternative activities relating to site 
characterization that may be undertaken to avoid such impacts. Such 
environmental assessment shall include--
        (i) an evaluation by the Secretary as to whether such site is 
    suitable for site characterization under the guidelines established 
    under subsection (a) of this section;
        (ii) an evaluation by the Secretary as to whether such site is 
    suitable for development as a repository under each such guideline 
    that does not require site characterization as a prerequisite for 
    application of such guideline;
        (iii) an evaluation by the Secretary of the effects of the site 
    characterization activities at such site on the public health and 
    safety and the environment;
        (iv) a reasonable comparative evaluation by the Secretary of 
    such site with other sites and locations that have been considered;
        (v) a description of the decision process by which such site was 
    recommended; and
        (vi) an assessment of the regional and local impacts of locating 
    the proposed repository at such site.

    (E)(i) \1\ The issuance of any environmental assessment under this 
paragraph shall be considered to be a final agency action subject to 
judicial review in accordance with the provisions of chapter 7 of title 
5 and section 10139 of this title. Such judicial review shall be limited 
to the sufficiency of such environmental assessment with respect to the 
items described in clauses (i) through (vi) of subparagraph (E).
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    \1\ So in original. There is no cl. (ii).
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    (F) Each environmental assessment prepared under this paragraph 
shall be made available to the public.
    (G) Before nominating a site, the Secretary shall notify the 
Governor and legislature of the State in which such site is located, or 
the governing body of the affected Indian tribe where such site is 
located, as the case may be, of such nomination and the basis for such 
nomination.
    (2) Before nominating any site the Secretary shall hold public 
hearings in the vicinity of such site to inform the residents of the 
area in which such site is located of the proposed nomination of such 
site and to receive their comments. At such hearings, the Secretary 
shall also solicit and receive any recommendations of such residents 
with respect to issues that should be addressed in the environmental 
assessment described in paragraph (1) and the site characterization plan 
described in section 10133(b)(1) of this title.
    (3) In evaluating the sites nominated under this section prior to 
any decision to recommend a site as a candidate site, the Secretary 
shall use available geophysical, geologic, geochemical and hydrologic, 
and other information and shall not conduct any preliminary borings or 
excavations at a site unless (i) such preliminary boring or excavation 
activities were in progress on January 7, 1983, or (ii) the Secretary 
certifies that such available information from other sources, in the 
absence of preliminary borings or excavations, will not be adequate to 
satisfy applicable requirements of this chapter or any other law: 
Provided, That preliminary borings or excavations under this section 
shall not exceed a diameter of 6 inches.

(c) Presidential review of recommended candidate sites

    (1) The President shall review each candidate site recommendation 
made by the Secretary under subsection (b) of this section. Not later 
than 60 days after the submission by the Secretary of a recommendation 
of a candidate site, the President, in his discretion, may either 
approve or disapprove such candidate site, and shall transmit any such 
decision to the Secretary and to either the Governor and legislature of 
the State in which such candidate site is located, or the governing body 
of the affected Indian tribe where such candidate site is located, as 
the case may be. If, during such 60-day period, the President fails to 
approve or disapprove such candidate site, or fails to invoke his 
authority under paragraph (2) to delay his decision, such candidate site 
shall be considered to be approved, and the Secretary shall notify such 
Governor and legislature, or governing body of the affected Indian 
tribe, of the approval of such candidate site by reason of the inaction 
of the President.
    (2) The President may delay for not more than 6 months his decision 
under paragraph (1) to approve or disapprove a candidate site, upon 
determining that the information provided with the recommendation of the 
Secretary is insufficient to permit a decision within the 60-day period 
referred to in paragraph (1). The President may invoke his authority 
under this paragraph by submitting written notice to the Congress, 
within such 60-day period, of his intent to invoke such authority. If 
the President invokes such authority, but fails to approve or disapprove 
the candidate site involved by the end of such 6-month period, such 
candidate site shall be considered to be approved, and the Secretary 
shall notify such Governor and legislature, or governing body of the 
affected Indian tribe, of the approval of such candidate site by reason 
of the inaction of the President.

(d) Preliminary activities

    Except as otherwise provided in this section, each activity of the 
President or the Secretary under this section shall be considered to be 
a preliminary decisionmaking activity. No such activity shall require 
the preparation of an environmental impact statement under section 
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)), or to require any environmental review under subparagraph 
(E) or (F) of section 102(2) of such Act.

(Pub. L. 97-425, title I, Sec. 112, Jan. 7, 1983, 96 Stat. 2208; Pub. L. 
100-202, Sec. 101(d) [title III, Sec. 300], Dec. 22, 1987, 101 Stat. 
1329-104, 1329-121; Pub. L. 100-203, title V, Sec. 5011(b)-(d), Dec. 22, 
1987, 101 Stat. 1330-228; Pub. L. 102-154, title I, Nov. 13, 1991, 105 
Stat. 1000.)


                               Amendments

    1987--Subsec. (b)(1)(C) to (H). Pub. L. 100-202 and Pub. L. 100-203, 
Sec. 5011(b), amended par. (1) identically, redesignating subpars. (D) 
to (H) as (C) to (G), respectively, in subpar. (C) substituting 
``subparagraph (B)'' for ``subparagraphs (B) and (C)'', and striking out 
former subpar. (C) which read as follows: ``Not later than July 1, 1989, 
the Secretary shall nominate 5 sites, which shall include at least 3 
additional sites not nominated under subparagraph (A), and recommend by 
such date to the President from such 5 nominated sites 3 candidate sites 
the Secretary determines suitable for site characterization for 
selection of the second repository. The Secretary may not nominate any 
site previously nominated under subparagraph (A), that was not 
recommended as a candidate site under subparagraph (B).''
    Subsec. (d). Pub. L. 100-202 and Pub. L. 100-203, Sec. 5011(c), 
amended section identically, redesignating subsec. (e) as (d) and 
striking out former subsec (d) which read as follows: ``After the 
required recommendation of candidate sites under subsection (b) of this 
section, the Secretary may continue, as he determines necessary, to 
identify and study other sites to determine their suitability for 
recommendation for site characterization, in accordance with the 
procedures described in this section.''
    Subsec. (e). Pub. L. 100-202 and Pub. L. 100-203, Sec. 5011(d), 
which contained identical amendments directing that subsec. (f) be 
struck out and all subsequent subsections be redesignated accordingly, 
was executed by striking out subsec. (e) as the probable intent of 
Congress because of the redesignation of former subsec. (f) as (e) by 
Pub. L. 100-202 and Pub. L. 100-203, Sec. 5011(c), and the absence of 
any subsections subsequent to former subsec. (f). Subsec. (e) read as 
follows: ``Nothing in this section may be construed as prohibiting the 
Secretary from continuing ongoing or presently planned site 
characterization at any site on Department of Energy land for which the 
location of the principal borehole has been approved by the Secretary by 
August 1, 1982, except that (1) the environmental assessment described 
in subsection (b)(1) of this section shall be prepared and made 
available to the public before proceeding to sink shafts at any such 
site; and (2) the Secretary shall not continue site characterization at 
any such site unless such site is among the candidate sites recommended 
by the Secretary under the first sentence of subsection (b) of this 
section for site characterization and approved by the President under 
subsection (c) of this section; and (3) the Secretary shall conduct 
public hearings under section 10133(b)(2) of this title and comply with 
requirements under section 10137 of this title within one year of 
January 7, 1983.''
    Pub. L. 100-202 and Pub. L. 100-203, Sec. 5011(c), amended section 
identically, redesignating subsec. (f) as (e). Former subsec. (e) 
redesignated (d).
    Subsec. (f). Pub. L. 100-202 and Pub. L. 100-203, Sec. 5011(c), 
amended section identically, redesignating subsec. (f) as (e).

                         Change of Name

    ``United States Geological Survey'' substituted for ``Geological 
Survey'' in subsec. (a) pursuant to provision of title I of Pub. L. 102-
154, set out as a note under section 31 of Title 43, Public Lands.

                   Delegation of Notification Function

    Letter of the President of the United States, dated May 28, 1986, 51 
F.R. 19531, provided:
    Letter to the Honorable John S. Herrington, Secretary of Energy
Dear Mr. Secretary:
    You are hereby authorized to perform the notification function 
vested in the President pursuant to Section 112(c)(1) of the Nuclear 
Waste Policy Act of 1982, 42 U.S.C. Sec. 10132(c)(1).
    This document shall be published in the Federal Register.

Sincerely,
                                                          Ronald Reagan.

                  Section Referred to in Other Sections

    This section is referred to in sections 10101, 10133, 10137, 10138, 
10139, 10161, 10172a, 10221 of this title.
