U.S. Code » Title 42 » Chapter CHAPTER 108— NUCLEAR WASTE POLICY › Subchapter SUBCHAPTER I— DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE, SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE WASTE › Part Part A— Repositories for Disposal of High-Level Radioactive Waste and Spent Nu­clear Fuel

42 U.S.C. § 10131

Findings and purposes

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(a) The Congress finds that—(1) radioactive waste creates potential risks and requires safe and environmentally acceptable methods of disposal;(2) a national problem has been created by the accumulation of (A) spent nuclear fuel from nuclear reactors; and (B) radioactive waste from (i) reprocessing of spent nuclear fuel; (ii) activities related to medical research, diagnosis, and treatment; and (iii) other sources;(3) Federal efforts during the past 30 years to devise a permanent solution to the problems of civilian radioactive waste disposal have not been adequate;(4) while the Federal Government has the responsibility to provide for the permanent disposal of high-level radioactive waste and such spent nuclear fuel as may be disposed of in order to protect the public health and safety and the environment, the costs of such disposal should be the responsibility of the generators and owners of such waste and spent fuel;(5) the generators and owners of high-level radioactive waste and spent nuclear fuel have the primary responsibility to provide for, and the responsibility to pay the costs of, the interim storage of such waste and spent fuel until such waste and spent fuel is accepted by the Secretary of Energy in accordance with the provisions of this chapter;(6) State and public participation in the planning and development of repositories is essential in order to promote public confidence in the safety of disposal of such waste and spent fuel; and(7) high-level radioactive waste and spent nuclear fuel have become major subjects of public concern, and appropriate precautions must be taken to ensure that such waste and spent fuel do not adversely affect the public health and safety and the environment for this or future generations.(b) The purposes of this part are—(1) to establish a schedule for the siting, construction, and operation of repositories that will provide a reasonable assurance that the public and the environment will be adequately protected from the hazards posed by high-level radioactive waste and such spent nuclear fuel as may be disposed of in a repository;(2) to establish the Federal responsibility, and a definite Federal policy, for the disposal of such waste and spent fuel;(3) to define the relationship between the Federal Government and the State governments with respect to the disposal of such waste and spent fuel; and(4) to establish a Nuclear Waste Fund, composed of payments made by the generators and owners of such waste and spent fuel, that will ensure that the costs of carrying out activities relating to the disposal of such waste and spent fuel will be borne by the persons responsible for generating such waste and spent fuel.(Pub. L. 97–425, title I, § 111, Jan. 7, 1983, 96 Stat. 2207.)
Notes of Decisions
Cited in 82 cases (3 in the last 5 years), 1983–2025 · leading case: Nuclear Energy Inst., Inc. v. Env't Prot. Agency, 373 F.3d 1251 (D.C. Cir. 2004).
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Nuclear Energy Inst., Inc. v. Env't Prot. Agency, 373 F.3d 1251 (D.C. Cir. 2004). · cites it 4× “” 42 U.S.C. § 10131 (b)(4) (2000). Accordingly, the NWPA required nuclear energy producers to pay assessments into the Fund based on the amount of electricity they generate.”
In Re Aiken Cnty., 645 F.3d 428 (D.C. Cir. 2011). · cites it 4× “Recognizing that "Federal efforts during the past 30 years to devise a permanent solution to the problems of civilian radioactive waste disposal [had] not been adequate," 42 U.S.C. § 10131 (a)(3), Congress passed the NWPA "to establish a schedule for the siting, construction,…”
Pac. Gas & Elec. Co. v. State Energy Resources Conservation & Dev. Comm'n, 461 U.S. 190 (1983). · cites it 2× “), enumerates the following purposes: "(1) to establish a schedule for the siting, construction, and operation of repositories that will provide a reasonable assurance that the public and the environment will be adequately protected from the hazards posed by high-level…”
Indiana Michigan Power Co. v. United States, 422 F.3d 1369 (Fed. Cir. 2005). · cites it 2× “2001) (quoting 42 U.S.C. § 10131 (b)(2) (2000)). Nuclear plant operators and utilities were mandated by Congress to enter into Standard Contracts, the terms of which are presented at 10 C.”
Sacramento Mun. Util. Dist. v. United States, 70 Fed. Cl. 332 (Fed. Cl. 2006). · cites it 4× “See 42 U.S.C. § 10131 (a)(4) (“Congress finds that—.”
Yankee Atomic Elec. Co. v. United States, 73 Fed. Cl. 249 (Fed. Cl. 2006). · cites it 4× “” 42 U.S.C. § 10131 (a); Ind. Mich, 422 F.3d at 1372 .”
Wisconsin Elec. Power Co. v. United States, 90 Fed. Cl. 714 (Fed. Cl. 2009). · cites it 4× “” 42 U.S.C. § 10131 (a)(4). “Seeking to avoid the inefficient and potentially unsafe prospect of allowing individual utilities to recycle or dispose of their own SNF, Congress enacted the NWPA to ‘establish the Federal responsibility, and a definite Federal policy, for the…”
S. Nuclear Operating Co. v. United States, 77 Fed. Cl. 396 (Fed. Cl. 2007). · cites it 3× “” 42 U.S.C. § 10131 (a); Indiana Michigan, 422 F.”
N. States Power Co. v. United States Dep't of Energy, 128 F.3d 754 (D.C. Cir. 1997). · cites it 3× “Background In the NWPA, Congress, confronting the “national problem” posed by the accumulation of spent nuclear fuel and radioactive waste produced by various domestic sources, 42 U.S.C. § 10131 (a)(2), created a scheme whereby the federal government would have the…”
Pac. Gas & Elec. Co. v. United States, 73 Fed. Cl. 333 (Fed. Cl. 2006). · cites it 3× “42 U.S.C. § 10131 (b). The NWPA assigned distinct regulatory roles to DOE, the Environmental Protection Agency (EPA), and the Nuclear Regulatory Commission (NRC).”
Sys. Fuels, Inc. v. United States, 79 Fed. Cl. 37 (Fed. Cl. 2007). · cites it 3× “The federal government has not accepted a single metric ton of uranium (“MTU”) for disposal from a nuclear utility. Tens of thousands of MTUs of spent nuclear fuel remain in the custody of individual utilities, PX 7-K (DOE, Acceptance Priority Ranking & Annual Capacity Report…”
Indiana Michigan Power Co. v. United States, 57 Fed. Cl. 88 (Fed. Cl. 2003). · cites it 7× “” 42 U.S.C. § 10131 (a)(2)-(A). See generally the Nuclear Waste Policy Act, 42 U.”
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