Title 42The Public Health and WelfareRelease 119-73

§10107 Applicability to atomic energy defense activities

Title 42 › Chapter CHAPTER 108— - NUCLEAR WASTE POLICY › § 10107

Last updated Apr 6, 2026|Official source

Summary

The chapter’s rules do not apply to atomic energy defense activities or to facilities used for them, except as described below. Within 2 years after January 7, 1983, the President must study whether to use space at one or more planned repositories to dispose of high-level radioactive waste from defense activities. The study must look at cost, health and safety, regulation, transport, public acceptability, and national security. If the President does not find that a separate defense-only repository is needed, the Secretary must quickly make arrangements to use one or more of those repositories and decide how to share development, construction, and operating costs. The Federal Government must pay the permanent disposal costs for defense high-level waste into the special account set up by law. Any repository used only for defense high-level waste must be licensed and meet the Commission’s rules for siting, building, and operating a repository. The chapter does apply to any repository that is not used exclusively for defense high-level waste or for certain research and development or spent fuel.

Full Legal Text

Title 42, §10107

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Subject to the provisions of subsection (c), the provisions of this chapter shall not apply with respect to any atomic energy defense activity or to any facility used in connection with any such activity.
(b)(1)Not later than 2 years after January 7, 1983, the President shall evaluate the use of disposal capacity at one or more repositories to be developed under part A of subchapter I for the disposal of high-level radioactive waste resulting from atomic energy defense activities. Such evaluation shall take into consideration factors relating to cost efficiency, health and safety, regulation, transportation, public acceptability, and national security.
(2)Unless the President finds, after conducting the evaluation required in paragraph (1), that the development of a repository for the disposal of high-level radioactive waste resulting from atomic energy defense activities only is required, taking into account all of the factors described in such subsection, the Secretary shall proceed promptly with arrangement for the use of one or more of the repositories to be developed under part A of subchapter I for the disposal of such waste. Such arrangements shall include the allocation of costs of developing, constructing, and operating this repository or repositories. The costs resulting from permanent disposal of high-level radioactive waste from atomic energy defense activities shall be paid by the Federal Government, into the special account established under section 10222 of this title.
(3)Any repository for the disposal of high-level radioactive waste resulting from atomic energy defense activities only shall (A) be subject to licensing under section 5842 of this title; and (B) comply with all requirements of the Commission for the siting, development, construction, and operation of a repository.
(c)The provisions of this chapter shall apply with respect to any repository not used exclusively for the disposal of high-level radioactive waste or spent nuclear fuel resulting from atomic energy defense activities, research and development activities of the Secretary, or both.

Reference

Citations & Metadata

Citation

42 U.S.C. § 10107

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73