Title 42 › CHAPTER 108 — NUCLEAR WASTE POLICY › SUBCHAPTER II — RESEARCH, DEVELOPMENT, AND DEMONSTRATION REGARDING DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE AND SPENT NUCLEAR FUEL › § 10193
The Secretary must write general rules for picking a test and evaluation site within 6 months after January 7, 1983, using the rulemaking process in section 553 of title 5. The Secretary must work with the Commission, the Director of the U.S. Geological Survey, the Administrator, the Council on Environmental Quality, and other federal agencies as needed. The rules must list what makes a site acceptable or not, including things like natural resources, groundwater and seismic conditions, any nearby atomic energy defense activities, closeness to water supplies and people, effects on water users’ rights, and nearness to protected lands (parks, wildlife refuges, wild rivers, wilderness areas, or national forests). The Secretary must think about different rock and soil types (geologic media) and try to find sites in different media. Within 1 year after January 7, 1983, and after the rules are ready, the Secretary must pick 3 or more sites. At least 2 must be in different geologic media in the continental United States, and at least 1 must be in a media other than salt. The Secretary should prefer media that slow the movement of radioactive material in water. Except for sites already being reviewed on January 7, 1983, all chosen sites must be more than 15 statute miles from towns with more than 1,000 people (per the most recent census), unless the site already held high-level radioactive waste before being picked. Each site must have an environmental assessment explaining why it was chosen and covering suitability under the rules, effects on health and the environment, comparison with other sites, how the decision was made, and local and regional impacts. The Secretary must tell the State Governor or the governing body of any affected Indian tribe as soon as possible. More sites can be identified later using the same steps.
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The Public Health and Welfare, Source: USLM XML via OLRC
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42 U.S.C. § 10193
Title 42, The Public Health and Welfare
Last Updated
Sep 22, 2026
Release point: 119-110