10 CFR 960.5-2-5 - Environmental quality.

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§ 960.5-2-5 Environmental quality.
(a) Qualifying condition. The site shall be located such that (1) the quality of the environment in the affected area during this and future generations will be adequately protected during repository siting, construction, operation, closure, and decommissioning, and projected environmental impacts in the affected area can be mitigated to an acceptable degree, taking into account programmatic, technical, social, economic, and environmental factors; and (2) the requirements specified in § 960.5-1(a)(2) can be met.
(b) Favorable conditions.
(1) Projected ability to meet, within time constraints, all Federal, State, and local procedural and substantive environmental requirements applicable to the site and the activities proposed to take place thereon.
(2) Potential significant adverse environmental impacts to present and future generations can be mitigated to an insignificant level through the application of reasonable measures, taking into account programmatic, technical, social, economic, and environmental factors.
(c) Potentially adverse conditions.
(1) Projected major conflict with applicable Federal, State, or local environmental requirements.
(2) Projected significant adverse environmental impacts that cannot be avoided or mitigated.
(3) Proximity to, or projected significant adverse environmental impacts of the repository or its support facilities on, a component of the National Park System, the National Wildlife Refuge System, the National Wild and Scenic Rivers System, the National Wilderness Preservation System, or National Forest Land.
(4) Proximity to, and projected significant adverse environmental impacts of the repository or its support facilities on, a significant State or regional protected resource area, such as a State park, a wildlife area, or a historical area.
(5) Proximity to, and projected significant adverse environmental impacts of the repository and its support facilities on, a significant Native American resource, such as a major Indian religious site, or other sites of unique cultural interest.
(6) Presence of critical habitats for threatened or endangered species that may be compromised by the repository or its support facilities.
(d) Disqualifying conditions. Any of the following conditions shall disqualify a site:
(1) During repository siting, construction, operation, closure, or decommissioning the quality of the environment in the affected area could not be adequately protected or projected environmental impacts in the affected area could not be mitigated to an acceptable degree, taking into account programmatic, technical, social, economic, and environmental factors.
(2) Any part of the restricted area or repository support facilities would be located within the boundaries of a component of the National Park System, the National Wildlife Refuge System, the National Wilderness Preservation System, or the National Wild and Scenic Rivers System.
(3) The presence of the restricted area or the repository support facilities would conflict irreconcilably with the previously designated resource-preservation use of a component of the National Park System, the National Wildlife Refuge System, the National Wilderness Preservation System, the National Wild and Scenic Rivers System, or National Forest Lands, or any comparably significant State protected resource that was dedicated to resource preservation at the time of the enactment of the Act.

Title 10 published on 2014-01-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE

§ 2000d - Prohibition against exclusion from participation in, denial of benefits of, and discrimination under federally assisted programs on ground of race, color, or national origin

42 U.S. Code § 2000d–1 - Federal authority and financial assistance to programs or activities by way of grant, loan, or contract...requirements; reports to Congressional committees; effective date of administrative action

42 U.S. Code § 2000d–2 - Judicial review; administrative procedure provisions

42 U.S. Code § 2000d–3 - Construction of provisions not to authorize administrative action with respect to employment practices except where primary objective of Federal financial assistance is to provide employment

42 U.S. Code § 2000d–4 - Federal authority and financial assistance to programs or activities by way of contract of insurance or guaranty

42 U.S. Code § 2000d–4a - “Program or activity” and “program” defined

42 U.S. Code § 2000d–5 - Prohibited deferral of action on applications by local educational agencies seeking Federal funds for alleged noncompliance with Civil Rights Act

42 U.S. Code § 2000d–6 - Policy of United States as to application of nondiscrimination provisions in schools of local educational agencies

42 U.S. Code § 2000d–7 - Civil rights remedies equalization

§ 2011 - Congressional declaration of policy

§ 2012 - Congressional findings

§ 2013 - Purpose of chapter

§ 2014 - Definitions

§ 2015 - Transfer of property

§ 2015a - Cold standby

§ 2015b - Scholarship and fellowship program

§ 2015c - Partnership program with institutions of higher education

§ 2016 - Repealed.

§ 2017 - Authorization of appropriations

§ 2017a - Omitted

42 U.S. Code § 2017a–1 - Omitted

§ 2017b - Omitted

§ 2018 - Agency jurisdiction

§ 2019 - Applicability of Federal Power Act

§ 2020 - Licensing of Government agencies

§ 2021 - Cooperation with States

§ 2021a - Storage or disposal facility planning

§ 2021b - Definitions

§ 2021c - Responsibilities for disposal of low-level radioactive waste

§ 2021d - Regional compacts for disposal of low-level radioactive waste

§ 2021e - Limited availability of certain regional disposal facilities during transition and licensing periods

§ 2021f - Emergency access

§ 2021g - Responsibilities of Department of Energy

§ 2021h - Alternative disposal methods

§ 2021i - Licensing review and approval

§ 2021j - Radioactive waste below regulatory concern

§ 2022 - Health and environmental standards for uranium mill tailings

§ 2023 - State authority to regulate radiation below level of regulatory concern of Nuclear Regulatory Commission

§ 7101 - Definitions

§ 10101 - Definitions

§ 10102 - Separability

§ 10103 - Territories and possessions

§ 10104 - Ocean disposal

§ 10105 - Limitation on spending authority

§ 10106 - Protection of classified national security information

§ 10107 - Applicability to atomic energy defense activities

§ 10108 - Applicability to transportation