
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: 42USC10161]

 
                 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 C--Monitored Retrievable Storage
 
Sec. 10161. Monitored retrievable storage


(a) Findings

    The Congress finds that--
        (1) long-term storage of high-level radioactive waste or spent 
    nuclear fuel in monitored retrievable storage facilities is an 
    option for providing safe and reliable management of such waste or 
    spent fuel;
        (2) the executive branch and the Congress should proceed as 
    expeditiously as possible to consider fully a proposal for 
    construction of one or more monitored retrievable storage facilities 
    to provide such long-term storage;
        (3) the Federal Government has the responsibility to ensure that 
    site-specific designs for such facilities are available as provided 
    in this section;
        (4) the generators and owners of the high-level radioactive 
    waste and spent nuclear fuel to be stored in such facilities have 
    the responsibility to pay the costs of the long-term storage of such 
    waste and spent fuel; and
        (5) disposal of high-level radioactive waste and spent nuclear 
    fuel in a repository developed under this chapter should proceed 
    regardless of any construction of a monitored retrievable storage 
    facility pursuant to this section.

(b) Submission of proposal by Secretary

    (1) On or before June 1, 1985, the Secretary shall complete a 
detailed study of the need for and feasibility of, and shall submit to 
the Congress a proposal for, the construction of one or more monitored 
retrievable storage facilities for high-level radioactive waste and 
spent nuclear fuel. Each such facility shall be designed--
        (A) to accommodate spent nuclear fuel and high-level radioactive 
    waste resulting from civilian nuclear activities;
        (B) to permit continuous monitoring, management, and maintenance 
    of such spent fuel and waste for the foreseeable future;
        (C) to provide for the ready retrieval of such spent fuel and 
    waste for further processing or disposal; and
        (D) to safely store such spent fuel and waste as long as may be 
    necessary by maintaining such facility through appropriate means, 
    including any required replacement of such facility.

    (2) Such proposal shall include--
        (A) the establishment of a Federal program for the siting, 
    development, construction, and operation of facilities capable of 
    safely storing high-level radioactive waste and spent nuclear fuel, 
    which facilities are to be licensed by the Commission;
        (B) a plan for the funding of the construction and operation of 
    such facilities, which plan shall provide that the costs of such 
    activities shall be borne by the generators and owners of the high-
    level radioactive waste and spent nuclear fuel to be stored in such 
    facilities;
        (C) site-specific designs, specifications, and cost estimates 
    sufficient to (i) solicit bids for the construction of the first 
    such facility; (ii) support congressional authorization of the 
    construction of such facility; and (iii) enable completion and 
    operation of such facility as soon as practicable following 
    congressional authorization of such facility; and
        (D) a plan for integrating facilities constructed pursuant to 
    this section with other storage and disposal facilities authorized 
    in this chapter.

    (3) In formulating such proposal, the Secretary shall consult with 
the Commission and the Administrator, and shall submit their comments on 
such proposal to the Congress at the time such proposal is submitted.
    (4) The proposal shall include, for the first such facility, at 
least 3 alternative sites and at least 5 alternative combinations of 
such proposed sites and facility designs consistent with the criteria of 
paragraph (1). The Secretary shall recommend the combination among the 
alternatives that the Secretary deems preferable. The environmental 
assessment under subsection (c) of this section shall include a full 
analysis of the relative advantages and disadvantages of all 5 such 
alternative combinations of proposed sites and proposed facility 
designs.

(c) Environmental impact statements

    (1) Preparation and submission to the Congress of the proposal 
required in this section shall not 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)). The Secretary 
shall prepare, in accordance with regulations issued by the Secretary 
implementing such Act [42 U.S.C. 4321 et seq.], an environmental 
assessment with respect to such proposal. Such environmental assessment 
shall be based upon available information regarding alternative 
technologies for the storage of spent nuclear fuel and high-level 
radioactive waste. The Secretary shall submit such environmental 
assessment to the Congress at the time such proposal is submitted.
    (2) If the Congress by law, after review of the proposal submitted 
by the Secretary under subsection (b) of this section, specifically 
authorizes construction of a monitored retrievable storage facility, the 
requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) shall apply with respect to construction of such facility, 
except that any environmental impact statement prepared with respect to 
such facility shall not be required to consider the need for such 
facility or any alternative to the design criteria for such facility set 
forth in subsection (b)(1) of this section.

(d) Licensing

    Any facility authorized pursuant to this section shall be subject to 
licensing under section 5842(3) of this title. In reviewing the 
application filed by the Secretary for licensing of the first 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 
subsection (b)(1) of this section.

(e) Clarification

    Nothing in this section limits the consideration of alternative 
facility designs consistent with the criteria of subsection (b)(1) of 
this section in any environmental impact statement, or in any licensing 
procedure of the Commission, with respect to any monitored, retrievable 
facility authorized pursuant to this section.

(f) Impact assistance

    (1) Upon receipt by the Secretary of congressional authorization to 
construct a facility described in subsection (b) of this section, the 
Secretary shall commence making annual impact aid payments to 
appropriate units of general local government in order to mitigate any 
social or economic impacts resulting from the construction and 
subsequent operation of any such facility within the jurisdictional 
boundaries of any such unit.
    (2) Payments made available to units of general local government 
under this subsection shall be--
        (A) allocated in a fair and equitable manner, with priority 
    given to units of general local government determined by the 
    Secretary to be most severely affected; and
        (B) utilized by units of general local government only for 
    planning, construction, maintenance, and provision of public 
    services related to the siting of such facility.

    (3) Such payments shall be subject to such terms and conditions as 
the Secretary determines are necessary to ensure achievement of the 
purposes of this subsection. The Secretary shall issue such regulations 
as may be necessary to carry out the provisions of this subsection.
    (4) Such payments shall be made available entirely from funds held 
in the Nuclear Waste Fund established in section 10222(c) of this title 
and shall be available only to the extent provided in advance in 
appropriation Acts.
    (5) The Secretary may consult with appropriate units of general 
local government in advance of commencement of construction of any such 
facility in an effort to determine the level of payments each such unit 
is eligible to receive under this subsection.

(g) Limitation

    No monitored retrievable storage facility developed pursuant to this 
section may be constructed in any State in which there is located any 
site approved for site characterization under section 10132 of this 
title. The restriction in the preceding sentence shall only apply until 
such time as the Secretary decides that such candidate site is no longer 
a candidate site under consideration for development as a repository. 
Such restriction shall continue to apply to any site selected for 
construction as a repository.

(h) Participation of States and Indian tribes

    Any facility authorized pursuant to this section shall be subject to 
the provisions of sections 10135, 10136(a), 10136(b), 10136(d), 10137, 
and 10138 of this title. For purposes of carrying out the provisions of 
this subsection, any reference in sections 10135 through 10138 of this 
title to a repository shall be considered to refer to a monitored 
retrievable storage facility.

(Pub. L. 97-425, title I, Sec. 141, Jan. 7, 1983, 96 Stat. 2241.)

                       References in Text

    The National Environmental Policy Act of 1969, referred to in 
subsec. (c), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, 
which is classified generally to chapter 55 (Sec. 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 10101, 10168, 10200 of this 
title.
