--- kind: "section" citation: "42 U.S.C. § 10198" title: "42" title_heading: "The Public Health and Welfare" number: "10198" heading: "Research and development on spent nuclear fuel" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/10198" units: - "Chapter 108 — Nuclear Waste Policy" - "Subchapter II — Research, Development, and Demonstration Regarding Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel" --- # §10198. Research and development on spent nuclear fuel - (a) **Demonstration and cooperative programs—** The [Secretary](/usc/42/10101.md?p=20) shall establish a demonstration program, in cooperation with the private sector, for the dry [storage](/usc/42/10101.md?p=25) of [spent nuclear fuel](/usc/42/10101.md?p=23) at [civilian nuclear power reactor](/usc/42/10101.md?p=6) sites, with the objective of establishing one or more technologies that the [Commission](/usc/42/10101.md?p=7) may, by rule, approve for use at the sites of [civilian nuclear power reactors](/usc/42/10101.md?p=6) without, to the maximum extent practicable, the need for additional site-specific approvals by the [Commission](/usc/42/10101.md?p=7). Not later than 1 year after January 7, 1983, the [Secretary](/usc/42/10101.md?p=20) shall select at least 1, but not more than 3, sites evaluated under [section 10194 of this title](/usc/42/10194.md) at such power reactors. In selecting such site or sites, the [Secretary](/usc/42/10101.md?p=20) shall give preference to [civilian nuclear power reactors](/usc/42/10101.md?p=6) that will soon have a shortage of interim [storage](/usc/42/10101.md?p=25) capacity for [spent nuclear fuel](/usc/42/10101.md?p=23). Subject to reaching agreement as provided in [subsection (b)](#b), the [Secretary](/usc/42/10101.md?p=20) shall undertake activities to assist such power reactors with demonstration [projects](/usc/42/13641.md?p=2) at such sites, which may use one of the following types of alternate [storage](/usc/42/10101.md?p=25) technologies: [spent nuclear fuel](/usc/42/10101.md?p=23) [storage](/usc/42/10101.md?p=25) casks, caissons, or silos. The [Secretary](/usc/42/10101.md?p=20) shall also undertake a cooperative program with [civilian nuclear power reactors](/usc/42/10101.md?p=6) to encourage the development of the technology for [spent nuclear fuel](/usc/42/10101.md?p=23) rod consolidation in existing power reactor water [storage](/usc/42/10101.md?p=25) basins. - (b) **Cooperative agreements—** To carry out the programs described in [subsection (a)](#a), the [Secretary](/usc/42/10101.md?p=20) shall enter into a cooperative agreement with each utility involved that specifies, at a minimum, that— - (1) such utility shall select the alternate [storage](/usc/42/10101.md?p=25) technique to be used, make the land and [spent nuclear fuel](/usc/42/10101.md?p=23) available for the dry [storage](/usc/42/10101.md?p=25) demonstration, submit and provide site-specific documentation for a license application to the [Commission](/usc/42/10101.md?p=7), obtain a license relating to the facility involved, construct such facility, operate such facility after licensing, pay the costs required to construct such facility, and pay all costs associated with the operation and maintenance of such facility; - (2) the [Secretary](/usc/42/10101.md?p=20) shall provide, on a cost-sharing basis, consultative and technical assistance, including design support and generic licensing documentation, to assist such utility in obtaining the [construction](/usc/42/300s–3.md?p=7) authorization and appropriate license from the [Commission](/usc/42/10101.md?p=7); and - (3) the [Secretary](/usc/42/10101.md?p=20) shall provide generic research and development of alternative [spent nuclear fuel](/usc/42/10101.md?p=23) [storage](/usc/42/10101.md?p=25) techniques to enhance utility-provided, at-reactor [storage](/usc/42/10101.md?p=25) capabilities, if authorized in any other provision of this chapter or in any other provision of law. - (c) **Dry storage research and development—** - (1) The consultative and technical assistance referred to in [subsection (b)(2)](#b-2) may include, but shall not be limited to, the establishment of a research and development program for the dry [storage](/usc/42/10101.md?p=25) of not more than 300 metric tons of [spent nuclear fuel](/usc/42/10101.md?p=23) at facilities owned by the Federal Government on January 7, 1983. The purpose of such program shall be to collect necessary data to assist the utilities involved in the licensing process. - (2) To the extent available, and consistent with the provisions of [section 10155 of this title](/usc/42/10155.md), the [Secretary](/usc/42/10101.md?p=20) shall provide [spent nuclear fuel](/usc/42/10101.md?p=23) for the research and development program authorized in this subsection from [spent nuclear fuel](/usc/42/10101.md?p=23) received by the [Secretary](/usc/42/10101.md?p=20) for [storage](/usc/42/10101.md?p=25) under [section 10155 of this title](/usc/42/10155.md). Such [spent nuclear fuel](/usc/42/10101.md?p=23) shall not be subject to the provisions of [section 10155(e) of this title](/usc/42/10155.md?p=e). - (d) **Funding—** The total contribution from the [Secretary](/usc/42/10101.md?p=20) from Federal funds and the use of [Federal facilities](/usc/42/17061.md?p=8) or services shall not exceed 25 percent of the total costs of the demonstration program authorized in [subsection (a)](#a), as estimated by the [Secretary](/usc/42/10101.md?p=20). All remaining costs of such program shall be paid by the utilities involved or shall be provided by the [Secretary](/usc/42/10101.md?p=20) from the Interim [Storage Fund](/usc/42/10101.md?p=26) established in [section 10156 of this title](/usc/42/10156.md). - (e) **Relation to spent nuclear fuel storage program—** The [spent nuclear fuel](/usc/42/10101.md?p=23) [storage](/usc/42/10101.md?p=25) program authorized in [section 10155 of this title](/usc/42/10155.md) shall not be construed to authorize the use of research development or demonstration facilities owned by the [Department](/usc/42/10101.md?p=8) unless— - (1) a period of 30 calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than 3 calendar days to a day certain) has passed after the [Secretary](/usc/42/10101.md?p=20) has transmitted to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a written report containing a full and complete statement concerning (A) the facility involved; (B) any necessary modifications; (C) the cost thereof; and (D) the impact on the authorized research and development program; or - (2) each such committee, before the expiration of such period, has transmitted to the [Secretary](/usc/42/10101.md?p=20) a written notice to the effect that such committee has no objection to the proposed use of such facility. ## Source credit (Pub. L. 97–425, title II, § 218, Jan. 7, 1983, 96 Stat. 2252; Pub. L. 103–437, § 15(c)(10), Nov. 2, 1994, 108 Stat. 4592.) ## Notes ### Editorial Notes ### Amendments 1994—Subsec. (e)(1). Pub. L. 103–437 substituted “Committee on Science, Space, and Technology” for “Committee on Science and Technology”.