
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: 42USC10193]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 108--NUCLEAR WASTE POLICY
 
   SUBCHAPTER II--RESEARCH, DEVELOPMENT, AND DEMONSTRATION REGARDING 
     DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE AND SPENT NUCLEAR FUEL
 
Sec. 10193. Identification of sites


(a) Guidelines

    Not later than 6 months after January 7, 1983, and notwithstanding 
the failure of other agencies to promulgate standards pursuant to 
applicable law, the Secretary, in consultation with the Commission, the 
Director of the United States Geological Survey, the Administrator, the 
Council on Environmental Quality, and such other Federal agencies as the 
Secretary considers appropriate, is authorized to issue, pursuant to 
section 553 of title 5, general guidelines for the selection of a site 
for a test and evaluation facility. Under such guidelines the Secretary 
shall specify factors that qualify or disqualify a site for development 
as a test and evaluation facility, including factors pertaining to the 
location of valuable natural resources, hydrogeophysics, 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 require the Secretary to consider the 
various geologic media in which the site for a test and evaluation 
facility may be located and, to the extent practicable, to identify 
sites in different geologic media. The Secretary shall use guidelines 
established under this subsection in considering and selecting sites 
under this subchapter.

(b) Site identification by Secretary

    (1) Not later than 1 year after January 7, 1983, and following 
promulgation of guidelines under subsection (a) of this section, the 
Secretary is authorized to identify 3 or more sites, at least 2 of which 
shall be in different geologic media in the continental United States, 
and at least 1 of which shall be in media other than salt. Subject to 
Commission requirements, the Secretary shall give preference to sites 
for the test and evaluation facility in media possessing geochemical 
characteristics that retard aqueous transport of radionuclides. In order 
to provide a greater possible protection of public health and safety as 
operating experience is gained at the test and evaluation facility, and 
with the exception of the primary areas under review by the Secretary on 
January 7, 1983, for the location of a test and evaluation facility or 
repository, all sites identified under this subsection shall be more 
than 15 statute miles from towns having a population of greater than 
1,000 persons as determined by the most recent census unless such sites 
contain high-level radioactive waste prior to identification under this 
subchapter. Each identification of a site shall be supported by an 
environmental assessment, which shall include a detailed statement of 
the basis for such identification and of the probable impacts of the 
siting research activities planned for such site, and a discussion of 
alternative activities relating to siting research that may be 
undertaken to avoid such impacts. Such environmental assessment shall 
include--
        (A) an evaluation by the Secretary as to whether such site is 
    suitable for siting research under the guidelines established under 
    subsection (a) of this section;
        (B) an evaluation by the Secretary of the effects of the siting 
    research activities at such site on the public health and safety and 
    the environment;
        (C) a reasonable comparative evaluation by the Secretary of such 
    site with other sites and locations that have been considered;
        (D) a description of the decision process by which such site was 
    recommended; and
        (E) an assessment of the regional and local impacts of locating 
    the proposed test and evaluation facility at such site.

    (2) When the Secretary identifies a site, the Secretary shall as 
soon as possible notify the Governor of the State in which such site is 
located, or the governing body of the affected Indian tribe where such 
site is located, of such identification and the basis of such 
identification. Additional sites for the location of the test and 
evaluation facility authorized in section 10222(d) of this title may be 
identified after such 1 year period, following the same procedure as if 
such sites had been identified within such period.

(Pub. L. 97-425, title II, Sec. 213, Jan. 7, 1983, 96 Stat. 2245; Pub. 
L. 102-154, title I, Nov. 13, 1991, 105 Stat. 1000.)

                         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.

                  Section Referred to in Other Sections

    This section is referred to in sections 10194, 10195, 10199 of this 
title.
