Title 42, The Public Health and WelfareRelease 119-110

§10107 Applicability to Atomic Energy Defense Activities

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

Last updated Sep 22, 2026|Official source

Summary

The chapter does not apply to atomic energy defense activities or to facilities used for those activities, except as subsection (c) says. Within 2 years after January 7, 1983, the President must study whether one or more repositories built under part A of subchapter I can take high‑level radioactive waste from defense work. The study must consider cost, health and safety, regulation, transport, public acceptance, and national security. If a defense‑only repository is not required, the Secretary must arrange use of one or more of those repositories, assign development and operating costs, and the Federal Government must pay permanent disposal costs into the special account under section 10222. Any defense‑only repository must be licensed under section 5842 and meet the Commission’s siting, construction, and operating rules.

Full Legal Text

Title 42, §10107

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

(a)Atomic energy defense activities
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)Evaluation by President
(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)Applicability to certain repositories
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 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110