---
kind: "section"
citation: "42 U.S.C. § 10107"
title: "42"
title_heading: "The Public Health and Welfare"
number: "10107"
heading: "Applicability to atomic energy defense activities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/10107"
units:
  - "Chapter 108 — Nuclear Waste Policy"
---

# §10107. Applicability to atomic energy defense activities

- (a) **Atomic energy defense activities—** Subject to the provisions of [subsection (c)](#c), the provisions of this chapter shall not apply with respect to any [atomic energy defense activity](/usc/42/10101.md?p=3) 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](/usc/42/10101.md?p=9) capacity at one or more [repositories](/usc/42/10101.md?p=18) to be developed under part A of subchapter I for the [disposal](/usc/42/10101.md?p=9) of [high-level radioactive waste](/usc/42/10101.md?p=12) resulting from [atomic energy defense activities](/usc/42/10101.md?p=3). 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)](#b-1), that the development of a [repository](/usc/42/10101.md?p=18) for the [disposal](/usc/42/10101.md?p=9) of [high-level radioactive waste](/usc/42/10101.md?p=12) resulting from [atomic energy defense activities](/usc/42/10101.md?p=3) only is required, taking into account all of the factors described in such subsection, the [Secretary](/usc/42/10101.md?p=20) shall proceed promptly with arrangement for the use of one or more of the [repositories](/usc/42/10101.md?p=18) to be developed under part A of subchapter I for the [disposal](/usc/42/10101.md?p=9) of such waste. Such arrangements shall include the [allocation](/usc/42/2021b.md?p=2) of costs of developing, constructing, and operating this [repository](/usc/42/10101.md?p=18) or [repositories](/usc/42/10101.md?p=18). The costs resulting from permanent [disposal](/usc/42/10101.md?p=9) of [high-level radioactive waste](/usc/42/10101.md?p=12) from [atomic energy defense activities](/usc/42/10101.md?p=3) shall be paid by the Federal Government, into the special account established under [section 10222 of this title](/usc/42/10222.md).
  - (3) Any [repository](/usc/42/10101.md?p=18) for the [disposal](/usc/42/10101.md?p=9) of [high-level radioactive waste](/usc/42/10101.md?p=12) resulting from [atomic energy defense activities](/usc/42/10101.md?p=3) only shall (A) be subject to licensing under [section 5842 of this title](/usc/42/5842.md); and (B) comply with all requirements of the [Commission](/usc/42/10101.md?p=7) for the siting, development, [construction](/usc/42/300s–3.md?p=7), and operation of a [repository](/usc/42/10101.md?p=18).
- (c) **Applicability to certain repositories—** The provisions of this chapter shall apply with respect to any [repository](/usc/42/10101.md?p=18) not used exclusively for the [disposal](/usc/42/10101.md?p=9) of [high-level radioactive waste](/usc/42/10101.md?p=12) or [spent nuclear fuel](/usc/42/10101.md?p=23) resulting from [atomic energy defense activities](/usc/42/10101.md?p=3), research and development activities of the [Secretary](/usc/42/10101.md?p=20), or both.

## Source credit

(Pub. L. 97–425, § 8, Jan. 7, 1983, 96 Stat. 2205.)