Sec. 103. Definitions
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In this Act: The term Administration means the Nuclear Waste Administration established by section 201. The term Administrator means the Nuclear Waste Administrator appointed under section 202(a). The term affected Indian Tribe means any Indian Tribe— within the reservation boundaries of which a repository or storage facility is proposed to be located; or that has federally defined possessory or usage rights to other land outside of the reservation boundaries that— arise out of a congressionally ratified treaty; and the Secretary of the Interior finds, on petition of an appropriate governmental official of the Indian Tribe, may be substantially and adversely affected by the repository or storage facility.
The term affected unit of general local government means the unit of general local government that has jurisdiction over the site of a repository or storage facility. The term affected unit of general local government may include, at the discretion of the Administrator, units of general local government that are contiguous with the unit that has jurisdiction over the site of a repository or storage facility. The term civilian nuclear power reactor has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 ).
The term Commission means the Nuclear Regulatory Commission. The term compliance agreement means a legally enforceable agreement between the Secretary and a Federal or State agency requiring the removal of nuclear waste from a Department of Energy facility. The term contract holder means any person who has entered into a contract for the disposal of nuclear waste under section 302(a) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(a) ) or this Act. The term defense waste means nuclear waste generated by an atomic energy defense activity (as defined in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 )).
The term disposal has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 ). The term emergency delivery means nuclear waste accepted by the Administrator for storage prior to the date provided in the contractual delivery commitment schedule pursuant to article V.D. of the standard contract for disposal of nuclear waste codified in section 961.11 of title 10, Code of Federal Regulations. The term emergency delivery may include, at the discretion of the Administrator, nuclear waste that is required to be removed from a Department of Energy facility— pursuant to a compliance agreement; or to eliminate an imminent and serious threat to the health and safety of the public or the common defense and security.
The term high-level radioactive waste means, as applicable— high-level radioactive waste (as defined in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 )); or in the case of the West Valley Demonstration Project, high level radioactive waste (as defined in section 6 of the West Valley Demonstration Project Act ( 42 U.S.C. 2021a note; Public Law 96–368 )). The term Indian Tribe has the meaning given the term Indian tribe in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 ).
The term mission plan means the comprehensive report required under section 504. The term nuclear waste means— spent nuclear fuel; and high-level radioactive waste. The term nuclear waste activities has the meaning given the term in section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 ). The term nuclear waste facility means— a repository; and a storage facility. The term Nuclear Waste Fund means the separate fund in the Treasury established by section 302(c) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(c) ).
The term Oversight Board means the Nuclear Waste Oversight Board established by section 205. The term priority waste means— any emergency delivery; and spent nuclear fuel removed from a civilian nuclear power reactor that, as of the date of enactment of this Act, is stored at a civilian nuclear power reactor site that has been permanently shut down. The term public liability has the meaning given the term in section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 ). The term repository has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 ).
The term reservation has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 ). The term Secretary means the Secretary of Energy. The term site characterization means the site-specific activities that the Administrator determines necessary to support an application to the Commission for a license to construct a repository or storage facility under this Act. In the case of a site for a repository, the term site characterization may include borings, surface excavations, excavations of exploratory shafts, subsurface lateral excavations and borings, and in situ testing needed to evaluate the suitability of a candidate site for the location of a repository.
In the case of a site being considered solely for an above-ground storage facility, the term site characterization does not include subsurface borings and excavations that the Administrator determines are uniquely associated with underground disposal and unnecessary to evaluate the suitability of a candidate site for the location of an above-ground storage facility. The term site characterization does not include preliminary borings and geophysical testing needed to assess whether site characterization should be undertaken.
The term spent nuclear fuel has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 ). The term storage means the temporary retention of nuclear waste with the intent to recover such waste for subsequent use, processing, or disposal. The term storage facility means a facility for the consolidated interim storage of nuclear waste from multiple contract holders or the Secretary. The term unit of general local government has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 ).
The term Working Capital Fund means the Nuclear Waste Administration Working Capital Fund established by section 401. The term Yucca Mountain site has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 ).
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- Pub. L. 96-368
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