
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: 42USC10171]

 
                 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 D--Low-Level Radioactive Waste
 
Sec. 10171. Financial arrangements for low-level radioactive 
        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 determined by the Commission) will be provided 
by a licensee to permit completion of all requirements established by 
the Commission for the decontamination, decommissioning, site closure, 
and reclamation of sites, structures, and equipment used in conjunction 
with such low-level radioactive waste. Such financial arrangements shall 
be provided and approved by the Commission, or, in the case of sites 
within the boundaries 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 
licenses in effect on January 7, 1983, prior to termination 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 paragraph 
(1), the Commission shall ensure before termination of the license 
involved that the licensee has made available such bonding, surety, or 
other financial arrangements as may be necessary 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 termination.

(b) Title and custody

    (1) The Secretary shall have authority to assume title and custody 
of low-level radioactive waste and the land on which such waste is 
disposed of, upon request of the owner of such waste and land and 
following termination of the license issued by the Commission for such 
disposal, if the Commission determines that--
        (A) the requirements of the Commission for site closure, 
    decommissioning, and decontamination have been met by the licensee 
    involved and that such licensee is in compliance with the provisions 
    of subsection (a) of this section;
        (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 subsection, 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 zirconium, 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 decontaminated and 
stabilized in accordance with the requirements established by the 
Commission and when such owner has made adequate financial arrangements 
approved by the Commission for the long-term maintenance and monitoring 
of such site.

(Pub. L. 97-425, title I, Sec. 151, Jan. 7, 1983, 96 Stat. 2244.)
