title V, § 5031, Dec. 22, 1987, 101 Stat. 1330-239.) REFERENCES IN TEXT The Federal Advisory Committee Act, referred to in subsec. (e), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees. CODIFICATION Pub. L. 100-202 and Pub. L. 100-203 added identical sections. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 10173a of this title. 810173c. Termination (a) In general The Secretary may terminate a benefits agreement under this subchapter if— (1) the site under consideration is disqualified for its failure to comply with guidelines and technical requirements established by the Secretary in accordance with this chapter; or (2) the Secretary determines that the Commission cannot license the facility within a reasonable time. (b) Termination by State or Indian tribe A State or Indian tribe may terminate a benefits agreement under this subchapter only if the Secretary disqualifies the site under consideration for its failure to comply with technical requirements established by the Secretary in accordance with this chapter or the Secretary determines that the Commission cannot license the facility within a reasonable time. (c) Decisions of Secretary Decisions of the Secretary under this section shall be in writing, shall be available to Congress and the public, and are not subject to judicial review. (Pub. L. 97-425, title I, § 173, as added Pub. L. 100-202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329-104, 1329-121; Pub. L. 100-203, title V, 5031, Dec. 22, 1987, 101 Stat. 1330-240.) CODIFICATION Pub. L. 100-202 and Pub. L. 100-203 added identical sections. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 10173 of this title. PART G-OTHER BENEFITS § 10174. Consideration in siting facilities The Secretary, in siting Federal research projects, shall give special consideration to proposals from States where a repository is located. (Pub. L. 97-425, title I, § 174, as added Pub. L. 100-202, § 101(d) [title III, § 3001, Dec. 22, 1987, 101 Stat. 1329-104, 1329-121; Pub. L. 100-203, title V, 5031, Dec. 22, 1987, 101 Stat. 1330-240.) CODIFICATION Pub. L. 100-202 and Pub. L. 100-203 added identical sections. § 10174a. Report (a) In general Within one year of December 22, 1987, the Secretary shall report to Congress on the potential impacts of locating a repository at the Yucca Mountain site, including the recommendations of the Secretary for mitigation of such impacts and a statement of which impacts should be dealt with by the Federal Government, which should be dealt with by the State with State resources, including the benefits payments under section 10173a of this title, and which should be a joint Federal-State responsibility. The report under this subsection shall include the analysis of the Secretary of the authorities available to mitigate these impacts and the appropriate sources of funds for such mitigation. (b) Impacts to be considered 1 Potential impacts to be addressed in the report under this subsection (a) of this section shall include impacts on (1) education, including facilities and personnel for elementary and secondary schools, community colleges, vocational and technical schools and universities; (2) public health, including the facilities and personnel for treatment and distribution of water, the treatment of sewage, the control of pests and the disposal of solid waste; (3) law enforcement, including facilities and personnel for the courts, police and sheriff's departments, district attorneys and public defenders and prisons; (4) fire protection, including personnel, the construction of fire stations, and the acquisition of equipment; (5) medical care, including emergency services and hospitals; (6) cultural and recreational needs, including facilities and personnel for libraries and museums and the acquisition and expansion of parks; (7) distribution of public lands to allow for the timely expansion of existing, or creation of new, communities and the construction of necessary residential and commercial facilities; (8) vocational training and employment services; (9) social services, including public assistance programs, vocational and physical rehabilitation programs, mental health services, and programs relating to the abuse of alcohol and controlled substances; (10) transportation, including any roads, terminals, airports, bridges, or railways associated with the facility and the repair and maintenance of roads, terminals, airports, bridges, or railways damaged as a result of the construction, operation, and closure of the facility; So in original. The word "this" probably should not appear. (11) equipment and training for State and local personnel in the management of accidents involving high-level radioactive waste; (12) availability of energy; (13) tourism and economic development, including the potential loss of revenue and future economic growth; and (14) other needs of the State and local governments that would not have arisen but for the characterization of the site and the construction, operation, and eventual closure of the repository facility. (Pub. L. 97-425, title I, § 175, as added Pub. L. 100-202, § 101(d) [title III, § 3001, Dec. 22, 1987, 101 Stat. 1329-104, 1329-121; Pub. L. 100-203, title V, § 5031, Dec. 22, 1987, 101 Stat. 1330-240.) CODIFICATION Pub. L. 100-202 and Pub. L. 100-203 added identical sections. PART H-TRANSPORTATION § 10175. Transportation (a) Packaging No spent nuclear fuel or high-level radioactive waste may be transported by or for the Secretary under part A of this subchapter or under part C of this subchapter except in packages that have been certified for such purpose by the Commission. (b) Advance notification The Secretary shall abide by regulations of the Commission regarding advance notification of State and local governments prior to transportation of spent nuclear fuel or high-level radioactive waste under part A of this subchapter or under part C of this subchapter. (c) Training for public safety officials The Secretary shall provide technical assistance and funds to States for training for public safety officials of appropriate units of local government and Indian tribes through whose jurisdiction the Secretary plans to transport spent nuclear fuel or high-level radioactive waste under part A of this subchapter or under part C of this subchapter. Training shall cover procedures required for safe routine transportation of these materials, as well as procedures for dealing with emergency response situations. The Waste Fund shall be the source of funds for work carried out under this subsection. (Pub. L. 97-425, title I, § 180, as added Pub. L. 100-202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329-104, 1329-121; Pub. L. 100-203, title V, 5061, Dec. 22, 1987, 101 Stat. 1330-251.) CODIFICATION Pub. L. 100-202 and Pub. L. 100-203 added identical sections. SUBCHAPTER II-RESEARCH, DEVELOPMENT, AND DEMONSTRATION REGARDING DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE AND SPENT NUCLEAR FUEL SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 10139, 10222 of this title. § 10191. Purpose It is the purpose of this subchapter (1) to provide direction to the Secretary with respect to the disposal of high-level radioactive waste and spent nuclear fuel; (2) to authorize the Secretary, pursuant to this subchapter (A) to provide for the construction, operation, and maintenance of a deep geologic test and evaluation facility; and (B) to provide for a focused and integrated high-level radioactive waste and spent nuclear fuel research and development program, including the development of a test and evaluation facility to carry out research and provide an integrated demonstration of the technology for deep geologic disposal of high-level radioactive waste, and the development of the facilities to demonstrate dry storage of spent nuclear fuel; and (3) to provide for an improved cooperative role between the Federal Government and States, affected Indian tribes, and units of general local government in the siting of a test and evaluation facility. (Pub. L. 97-425, title II, § 211, Jan. 7, 1983, 96 Stat. 2245.) § 10192. Applicability The provisions of this subchapter are subject to section 10107 of this title and shall not apply to facilities that are used for the disposal of high-level radioactive waste, low-level radioactive waste, transuranic waste, or spent nuclear fuel resulting from atomic energy defense activities. (Pub. L. 97-425, title II, § 212, Jan. 7, 1983, 96 Stat. 2245.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 10197 of this title. § 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, § 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. § 10194. Siting research and related activities (a) In general Not later than 30 months after the date on which the Secretary completes the identification of sites under section 10193 of this title, the Secretary is authorized to complete sufficient evaluation of 3 sites to select a site for expanded siting research activities and for other activities under section 10198 of this title. The Secretary is authorized to conduct such preconstruction activities relative to such site selection for the test and evaluation facility as he deems appropriate. Additional sites for the location of the test and evaluation facility authorized in section 10222(d) of this title may be evaluated after such 30-month period, following the same procedures as if such sites were to be evaluated within such period. (b) Public meetings and environmental assessment Not later than 6 months after the date on which the Secretary completes the identification of sites under section 10193 of this title, and before beginning siting research activities, the Secretary shall hold at least 1 public meeting in the vicinity of each site to inform the residents of the area of the activities to be conducted at such site and to receive their views. (c) Restrictions Except as provided in section 10198 of this title with respect to a test and evaluation facility, in conducting siting research activities pursuant to subsection (a) of this section (1) the Secretary shall use the minimum quantity of high-level radioactive waste or other radioactive materials, if any, necessary to achieve the test or research objectives; (2) the Secretary shall ensure that any radioactive material used or placed on a site shall be fully retrievable; and (3) upon termination of siting research activities at a site for any reason, the Secretary shall remove any radioactive material at or in the site as promptly as practicable. (d) Title to material The Secretary may take title, in the name of the Federal Government, to the high-level radioactive waste, spent nuclear fuel, or other radioactive material emplaced in a test and evaluation facility. If the Secretary takes title to any such material, the Secretary shall enter into the appropriate financial arrangements described in subsection (a) or (b) of section 10222 of this title for the disposal of such material. (Pub. L. 97-425, title II, § 214, Jan. 7, 1983, 96 Stat. 2247.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 10197, 10198 of this title. § 10195. Test and evaluation facility siting review and reports (a) Consultation and cooperation The Governor of a State, or the governing body of an affected Indian tribe, notified of a site identification under section 10193 of this title shall have the right to participate in a process of consultation and cooperation as soon as the site involved has been identified pursuant to such section and throughout the life of the test and evaluation facility. For purposes of this section, the term "process of consultation and cooperation" means a methodology— (1) by which the Secretary (A) keeps the Governor or governing body involved fully and currently informed about any potential economic or public health and safety impacts in all stages of the siting, development, construction, and operation of a test and evaluation facility; (B) solicits, receives, and evaluates concerns and objections of such Governor or governing body with regard to such test and evaluation facility on an ongoing basis; and (C) works diligently and cooperatively to resolve such concerns and objections; and (2) by which the State or affected Indian tribe involved can exercise reasonable independent monitoring and testing of onsite activities related to all stages of the siting, development, construction and operation of the test and evaluation facility, except that any such monitoring and testing shall not unreasonably interfere with onsite activities. (b) Written agreements The Secretary shall enter into written agreements with the Governor of the State in which an identified site is located or with the governing body of any affected Indian tribe where an identified site is located in order to expedite the consultation and cooperation process. Any such written agreement shall specify (1) procedures by which such Governor or governing body may study, determine, comment on, and make recommendations with regard to the possible health, safety, and economic impacts of the test and evaluation facility; (2) procedures by which the Secretary shall consider and respond to comments and rec ommendations made by such Governor or governing body, including the period in which the Secretary shall so respond; (3) the documents the Department is to submit to such Governor or governing body, the timing for such submissions, the timing for such Governor or governing body to identify public health and safety concerns and the process to be followed to try to eliminate those concerns; (4) procedures by which the Secretary and either such Governor or governing body may review or modify the agreement periodically; and (5) procedures for public notification of the procedures specified under subparagraphs (A) through (D). (c) Limitation Except as specifically provided in this section, nothing in this subchapter is intended to grant any State or affected Indian tribe any authority with respect to the siting, development, or loading of the test and evaluation facility. (Pub. L. 97-425, title II, § 215, Jan. 7, 1983, 96 Stat. 2247.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 10199 of this title. § 10196. Federal agency actions (a) Cooperation and coordination Federal agencies shall assist the Secretary by cooperating and coordinating with the Secretary in the preparation of any necessary reports under this subchapter and the mission plan under section 10221 of this title. (b) Environmental review (1) No action of the Secretary or any other Federal agency required by this subchapter or section 10221 of this title with respect to a test and evaluation facility to be taken prior to the initiation of onsite construction of a test and evaluation facility shall require the preparation of an environmental impact statement under section 102(2)(C) of the Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), or to require the preparation of environmental reports, except as otherwise specifically provided for in this subchapter. (2) The Secretary and the heads of all other Federal agencies shall, to the maximum extent possible, avoid duplication of efforts in the preparation of reports under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (Pub. L. 97-425, title II, § 216, Jan. 7, 1983, 96 Stat. 2248.) REFERENCES IN TEXT The National Environmental Policy Act of 1969, referred to in subsec. (b)(2), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§ 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. § 10197. Research and development on disposal of high-level radioactive waste (a) Purpose Not later than 64 months after January 7, 1983, the Secretary is authorized to, to the extent practicable, begin at a site evaluated under section 10194 of this title, as part of and as an extension of siting research activities of such site under such section, the mining and construction of a test and evaluation facility. Prior to the mining and construction of such facility, the Secretary shall prepare an environmental assessment. The purpose of such facility shall be (1) to supplement and focus the repository site characterization process; (2) to provide the conditions under which known technological components can be integrated to demonstrate a functioning repository-like system; (3) to provide a means of identifying, evaluating, and resolving potential repository licensing issues that could not be resolved during the siting research program conducted under section 10192 of this title; (4) to validate, under actual conditions, the scientific models used in the design of a repository; (5) to refine the design and engineering of repository components and systems and to confirm the predicted behavior of such components and systems; (6) to supplement the siting data, the generic and specific geological characteristics developed under section 10194 of this title relating to isolating disposal materials in the physical environment of a repository; (7) to evaluate the design concepts for packaging, handling, and emplacement of highlevel radioactive waste and spent nuclear fuel at the design rate; and (8) to establish operating capability without exposing workers to excessive radiation. (b) Design The Secretary shall design each test and evaluation facility (1) to be capable of receiving not more than 100 full-sized canisters of solidified high-level radioactive waste (which canisters shall not exceed an aggregate weight of 100 metric tons), except that spent nuclear fuel may be used instead of such waste if such waste cannot be obtained under reasonable conditions; (2) to permit full retrieval of solidified highlevel radioactive waste, or other radioactive material used by the Secretary for testing, upon completion of the technology demonstration activities; and (3) based upon the principle that the highlevel radioactive waste, spent nuclear fuel, or other radioactive material involved shall be isolated from the biosphere in such a way that the initial isolation is provided by engineered barriers functioning as a system with the geologic environment. (c) Operation (1) Not later than 88 months after January 7, 1983, the Secretary shall begin an in situ test ing program at the test and evaluation facility in accordance with the mission plan developed under section 10221 of this title, for purposes of (A) conducting in situ tests of bore hole sealing, geologic media fracture sealing, and room closure to establish the techniques and performance for isolation of high-level radioactive waste, spent nuclear fuel, or other radioactive materials from the biosphere; (B) conducting in situ tests with radioactive sources and materials to evaluate and improve reliable models for radionuclide migration, absorption, and containment within the engineered barriers and geologic media involved, if the Secretary finds there is reasonable assurance that such radioactive sources and materials will not threaten the use of such site as a repository; (C) conducting in situ tests to evaluate and improve models for ground water or brine flow through fractured geologic media; (D) conducting in situ tests under conditions representing the real time and the accelerated time behavior of the engineered barriers within the geologic environment involved; (E) conducting in situ tests to evaluate the effects of heat and pressure on the geologic media involved, on the hydrology of the surrounding area, and on the integrity of the disposal packages; (F) conducting in situ tests under both normal and abnormal repository conditions to establish safe design limits for disposal packages and to determine the effects of the gross release of radionuclides into surroundings, and the effects of various credible failure modes, including— (i) seismic events leading to the coupling of aquifers through the test and evaluation facility; (ii) thermal pulses significantly greater than the maximum calculated; and (iii) human intrusion creating a direct pathway to the biosphere; and (G) conducting such other research and development activities as the Secretary considers appropriate, including such activities necessary to obtain the use of high-level radioactive waste, spent nuclear fuel, or other radioactive materials (such as any highly radioactive material from the Three Mile Island nuclear powerplant or from the West Valley Demonstration Project) for test and evaluation purposes, if such other activities are reasonably necessary to support the repository program and if there is reasonable assurance that the radioactive sources involved will not threaten the use of such site as a repository. (2) The in situ testing authorized in this subsection shall be designed to ensure that the suitability of the site involved for licensing by the Commission as a repository will not be adversely affected. (d) Use of existing Department facilities During the conducting of siting research activities under section 10194 of this title and for such period thereafter as the Secretary consid |