
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: 42USC10156]

 
                 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 B--Interim Storage Program
 
Sec. 10156. Interim Storage Fund


(a) Contracts

    (1) During the period following January 7, 1983, but not later than 
January 1, 1990, the Secretary is authorized to enter into contracts 
with persons who generate or own spent nuclear fuel resulting from 
civilian nuclear activities for the storage of such spent nuclear fuel 
in any storage capacity provided under this part: Provided, however, 
That the Secretary shall not enter into contracts for spent nuclear fuel 
in amounts in excess of the available storage capacity specified in 
section 10155(a) of this title. Those contracts shall provide that the 
Federal Government will (1) take title at the civilian nuclear power 
reactor site, to such amounts of spent nuclear fuel from the civilian 
nuclear power reactor as the Commission determines cannot be stored 
onsite, (2) transport the spent nuclear fuel to a federally owned and 
operated interim away-from-reactor storage facility, and (3) store such 
fuel in the facility pending further processing, storage, or disposal. 
Each such contract shall (A) provide for payment to the Secretary of 
fees determined in accordance with the provisions of this section; and 
(B) specify the amount of storage capacity to be provided for the person 
involved.
    (2) The Secretary shall undertake a study and, not later than 180 
days after January 7, 1983, submit to the Congress a report, 
establishing payment charges that shall be calculated on an annual 
basis, commencing on or before January 1, 1984. Such payment charges and 
the calculation thereof shall be published in the Federal Register, and 
shall become effective not less than 30 days after publication. Each 
payment charge published in the Federal Register under this paragraph 
shall remain effective for a period of 12 months from the effective date 
as the charge for the cost of the interim storage of any spent nuclear 
fuel. The report of the Secretary shall specify the method and manner of 
collection (including the rates and manner of payment) and any 
legislative recommendations determined by the Secretary to be 
appropriate.
    (3) Fees for storage under this part shall be established on a 
nondiscriminatory basis. The fees to be paid by each person entering 
into a contract with the Secretary under this subsection shall be based 
upon an estimate of the pro rata costs of storage and related activities 
under this part with respect to such person, including the acquisition, 
construction, operation, and maintenance of any facilities under this 
part.
    (4) The Secretary shall establish in writing criteria setting forth 
the terms and conditions under which such storage services shall be made 
available.
    (5) Except as provided in section 10157 of this title, nothing in 
this chapter or any other Act requires the Secretary, in carrying out 
the responsibilities of this section, to obtain a license or permit to 
possess or own spent nuclear fuel.

(b) Limitation

    No spent nuclear fuel generated or owned by any department of the 
United States referred to in section 101 or 102 of title 5 may be stored 
by the Secretary in any storage capacity provided under this part unless 
such department transfers to the Secretary, for deposit in the Interim 
Storage Fund, amounts equivalent to the fees that would be paid to the 
Secretary under the contracts referred to in this section if such spent 
nuclear fuel were generated by any other person.

(c) Establishment of Interim Storage Fund

    There hereby is established in the Treasury of the United States a 
separate fund, to be known as the Interim Storage Fund. The Storage Fund 
shall consist of--
        (1) all receipts, proceeds, and recoveries realized by the 
    Secretary under subsections (a), (b), and (e) of this section, which 
    shall be deposited in the Storage Fund immediately upon their 
    realization;
        (2) any appropriations made by the Congress to the Storage Fund; 
    and
        (3) any unexpended balances available on January 7, 1983, for 
    functions or activities necessary or incident to the interim storage 
    of civilian spent nuclear fuel, which shall automatically be 
    transferred to the Storage Fund on such date.

(d) Use of Storage Fund

    The Secretary may make expenditures from the Storage Fund, subject 
to subsection (e) of this section, for any purpose necessary or 
appropriate to the conduct of the functions and activities of the 
Secretary, or the provision or anticipated provision of services, under 
this part, including--
        (1) the identification, development, licensing, construction, 
    operation, decommissioning, and post-decommissioning maintenance and 
    monitoring of any interim storage facility provided under this part;
        (2) the administrative cost of the interim storage program;
        (3) the costs associated with acquisition, design, modification, 
    replacement, operation, and construction of facilities at an interim 
    storage site, consistent with the restrictions in section 10155 of 
    this title;
        (4) the cost of transportation of spent nuclear fuel; and
        (5) impact assistance as described in subsection (e) of this 
    section.

(e) Impact assistance

    (1) Beginning the first fiscal year which commences after January 7, 
1983, the Secretary shall make annual impact assistance payments to a 
State or appropriate unit of local government, or both, in order to 
mitigate social or economic impacts occasioned by the establishment and 
subsequent operation of any interim storage capacity within the 
jurisdicational \1\ boundaries of such government or governments and 
authorized under this part: Provided, however, That such impact 
assistance payments shall not exceed (A) ten per centum of the costs 
incurred in paragraphs (1) and (2), or (B) $15 per kilogram of spent 
fuel, whichever is less;
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    \1\ So in original. Probably should be ``jurisdictional''.
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    (2) Payments made available to States and units of local government 
pursuant to this section shall be--
        (A) allocated in a fair and equitable manner with a priority to 
    those States or units of local government suffering the most severe 
    impacts; and
        (B) utilized by States or units of local governments only for 
    (i) planning, (ii) construction and maintenance of public services, 
    (iii) provision of public services related to the providing of such 
    interim storage authorized under this subchapter, and (iv) 
    compensation for loss of taxable property equivalent to that if the 
    storage had been provided under private ownership.

    (3) Such payments shall be subject to such terms and conditions as 
the Secretary determines necessary to ensure that the purposes of this 
subsection shall be achieved. The Secretary shall issue such regulations 
as may be necessary to carry out the provisions of this subsection.
    (4) Payments under this subsection shall be made available solely 
from the fees determined under subsection (a) of this section.
    (5) The Secretary is authorized to consult with States and 
appropriate units of local government in advance of commencement of 
establishment of storage capacity authorized under this part in an 
effort to determine the level of the payment such government would be 
eligible to receive pursuant to this subsection.
    (6) As used in this subsection, the term ``unit of local 
government'' means a county, parish, township, municipality, and shall 
include a borough existing in the State of Alaska on January 7, 1983, 
and any other unit of government below the State level which is a unit 
of general government as determined by the Secretary.

(f) Administration of Storage Fund

    (1) The Secretary of the Treasury shall hold the Storage Fund and, 
after consultation with the Secretary, annually report to the Congress 
on the financial condition and operations of the Storage Fund during the 
preceding fiscal year.
    (2) The Secretary shall submit the budget of the Storage Fund to the 
Office of Management and Budget triennially along with the budget of the 
Department of Energy submitted at such time in accordance with chapter 
11 of title 31. The budget of the Storage Fund shall consist of 
estimates made by the Secretary of expenditures from the Storage Fund 
and other relevant financial matters for the succeeding 3 fiscal years, 
and shall be included in the Budget of the United States Government. The 
Secretary may make expenditures from the Storage Fund, subject to 
appropriations which shall remain available until expended. 
Appropriations shall be subject to triennial authorization.
    (3) If the Secretary determines that the Storage Fund contains at 
any time amounts in excess of current needs, the Secretary may request 
the Secretary of the Treasury to invest such amounts, or any portion of 
such amounts as the Secretary determines to be appropriate, in 
obligations of the United States--
        (A) having maturities determined by the Secretary of the 
    Treasury to be appropriate to the needs of the Storage Fund; and
        (B) bearing interest at rates determined to be appropriate by 
    the Secretary of the Treasury, taking into consideration the current 
    average market yield on outstanding marketable obligations of the 
    United States with remaining periods to maturity comparable to the 
    maturities of such investments, except that the interest rate on 
    such investments shall not exceed the average interest rate 
    applicable to existing borrowings.

    (4) Receipts, proceeds, and recoveries realized by the Secretary 
under this section, and expenditures of amounts from the Storage Fund, 
shall be exempt from annual apportionment under the provisions of 
subchapter II of chapter 15 of title 31.
    (5) If at any time the moneys available in the Storage Fund are 
insufficient to enable the Secretary to discharge his responsibilities 
under this part, the Secretary shall issue to the Secretary of the 
Treasury obligations in such forms and denominations, bearing such 
maturities, and subject to such terms and conditions as may be agreed to 
by the Secretary and the Secretary of the Treasury. The total of such 
obligations shall not exceed amounts provided in appropriation Acts. 
Redemption of such obligations shall be made by the Secretary from 
moneys available in the Storage Fund. Such obligations shall bear 
interest at a rate determined by the Secretary of the Treasury, which 
shall be not less than a rate determined by taking into consideration 
the average market yield on outstanding marketable obligations of the 
United States of comparable maturities during the month preceding the 
issuance of the obligations under this paragraph. The Secretary of the 
Treasury shall purchase any issued obligations, and for such purpose the 
Secretary of the Treasury is authorized to use as a public debt 
transaction the proceeds from the sale of any securities issued under 
chapter 31 of title 31, and the purposes for which securities may be 
issued under such Act \2\ are extended to include any purchase of such 
obligations. The Secretary of the Treasury may at any time sell any of 
the obligations acquired by him under this paragraph. All redemptions, 
purchases, and sales by the Secretary of the Treasury of obligations 
under this paragraph shall be treated as public debt transactions of the 
United States.
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    \2\ See References in Text note below.
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    (6) Any appropriations made available to the Storage Fund for any 
purpose described in subsection (d) of this section shall be repaid into 
the general fund of the Treasury, together with interest from the date 
of availability of the appropriations until the date of repayment. Such 
interest shall be paid on the cumulative amount of appropriations 
available to the Storage Fund, less the average undisbursed cash balance 
in the Storage Fund account during the fiscal year involved. The rate of 
such interest shall be determined by the Secretary of the Treasury 
taking into consideration the average market yield during the month 
preceding each fiscal year on outstanding marketable obligations of the 
United States of comparable maturity. Interest payments may be deferred 
with the approval of the Secretary of the Treasury, but any interest 
payments so deferred shall themselves bear interest.

(Pub. L. 97-425, title I, Sec. 136, Jan. 7, 1983, 96 Stat. 2237.)

                       References in Text

    Such Act, referred to in subsec. (f)(5), probably means chapter 31 
of Title 31, Money and Finance.

                  Section Referred to in Other Sections

    This section is referred to in sections 10101, 10155, 10157, 10198 
of this title.
