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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 10:10:5.0.2.5.43.1.19.1 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | A | Subpart A—General Provisions | § 960.1 Applicability. | DOE | [49 FR 47752, Dec. 6, 1984, as amended at 66 FR 57334, Nov. 14, 2001] | These guidelines were developed in accordance with the requirements of Section 112(a) of the Nuclear Waste Policy Act of 1982 for use by the Secretary of Energy in evaluating the suitability of sites. The guidelines will be used for suitability evaluations and determinations made pursuant to Section 112(b). The guidelines set forth in this part are intended to complement the requirements set forth in the Act, 10 CFR part 60, and 40 CFR part 191. The DOE recognizes NRC jurisdiction for the resolution of differences between the guidelines and 10 CFR part 60. The guidelines have received the concurrence of the NRC. The DOE contemplates revising the guidelines from time to time, as permitted by the Act, to take into account revisions made to the above regulations and to otherwise update the guidelines as necessary. The DOE will submit the revisions to the NRC and obtain its concurrence before issuance. | ||||
| 10:10:5.0.2.5.43.1.19.2 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | A | Subpart A—General Provisions | § 960.2 Definitions. | DOE | [49 FR 47752, Dec. 6, 1984, as amended at 66 FR 57334, Nov. 14, 2001] | As used in this part: Accessible environment means the atmosphere, the land surface, surface water, oceans, and the portion of the lithosphere that is outside the controlled area. Act means the Nuclear Waste Policy Act of 1982, as amended. Active fault means a fault along which there is recurrent movement, which is usually indicated by small, periodic displacements or seismic activity. Affected area means either the area of socioeconomic impact or the area of environmental impact, each of which will vary in size among potential repository sites. Affected Indian tribe means any Indian tribe (1) within whose reservation boundaries a repository for radioactive waste is proposed to be located or (2) whose federally defined possessory or usage rights to other lands outside the reservation's boundaries arising out of congressionally ratified treaties may be substantially and adversely affected by the locating of such a facility: Provided, That the Secretary of the Interior finds, upon the petition of the appropriate governmental officials of the tribe, that such effects are both substantial and adverse to the tribe. Affected State means any State that (1) has been notified by the DOE in accordance with Section 116(a) of the Act as containing a potentially acceptable site; (2) contains a candidate site for site characterization or repository development; or (3) contains a site selected for repository development. Application means the act of making a finding of compliance or noncompliance with the qualifying or disqualifying conditions specified in the guidelines of subparts C and D of this part. Aquifer means a formation, a group of formations, or a part of a formation that contains sufficient saturated permeable material to yield significant quantities of water to wells and springs. Barrier means any material or structure that prevents or substantially delays the movement of water or radionuclides. Candidate site means an area, within a geohydrologic setting, that is recommended by the Secretary … | ||||
| 10:10:5.0.2.5.43.2.19.1 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | B | Subpart B—Implementation Guidelines | § 960.3 Implementation guidelines. | DOE | [49 FR 47752, Dec. 6, 1984, as amended at 66 FR 57334, Nov. 14, 2001] | The guidelines of this subpart establish the procedure and basis for applying the postclosure and the preclosure guidelines of subparts C and D, respectively, to evaluations of the suitability of sites. As may be appropriate during the siting process, this procedure requires consideration of a variety of geohydrologic settings and rock types, regionality, and environmental impacts and consultation with affected States, affected Indian tribes, and Federal agencies. | ||||
| 10:10:5.0.2.5.43.2.19.10 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | B | Subpart B—Implementation Guidelines | § 960.3-1-5 Basis for site evaluations. | DOE | [66 FR 57334, Nov. 14, 2001] | (a) Evaluations of individual sites and comparisons between and among sites shall be based on the postclosure and preclosure guidelines specified in subparts C and D of this part, respectively. Except for screening for potentially acceptable sites as specified in § 960.3-2-1, such evaluations shall place primary significance on the postclosure guidelines and secondary significance on the preclosure guidelines, with each set of guidelines considered collectively for such purposes. Both the postclosure and the preclosure guidelines consist of a system guideline or guidelines and corresponding groups of technical guidelines. (b) The postclosure guidelines of subpart C of this part contain eight technical guidelines in one group. The preclosure guidelines of subpart D of this part contain eleven technical guidelines separated into three groups that represent, in decreasing order of importance, preclosure radiological safety; environment, socioeconomics, and transportation; and ease and cost of siting, construction, operation, and closure. (c) The relative significance of any technical guideline to its corresponding system guideline is site specific. Therefore, for each technical guideline, an evaluation of compliance with the qualifying condition shall be made in the context of the collection of system elements and the evidence related to that guideline, considering on balance the favorable conditions and the potentially adverse conditions identified at a site. Similarly, for each system guideline, such evaluation shall be made in the context of the group of technical guidelines and the evidence related to that system guideline. (d) For purposes of recommending sites for development as repositories, such evidence shall include analyses of expected repository performance to assess the likelihood of demonstrating compliance with 40 CFR part 191 and 10 CFR part 60, in accordance with § 960.4-1. A site shall be disqualified at any time during the siting process if the evidence supports a finding by the DOE that a disq… | ||||
| 10:10:5.0.2.5.43.2.19.11 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | B | Subpart B—Implementation Guidelines | § 960.3-2 Siting process. | DOE | [49 FR 47752, Dec. 6, 1984, as amended at 66 FR 57335, Nov. 14, 2001] | The siting process begins with site screening for the identification of potentially acceptable sites. This process was completed for purposes of the first repository before the enactment of the Act, and the identification of such sites was made after enactment in accordance with the provisions of section 116(a) of the Act. The screening process for the identification of potentially acceptable sites for the second and subsequent repositories shall be conducted in accordance with the requirements specified in § 960.3-2-1 of this subpart. The nomination of any site as suitable for characterization shall follow the process specified in § 960.3-2-2, and such nomination shall be accompanied by an environmental assessment as specified in section 112(b)(1)(E) of the Act. The recommendation of sites as candidate sites for characterization shall be accomplished in accordance with the requirements specified in § 960.3-2-3. | ||||
| 10:10:5.0.2.5.43.2.19.12 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | B | Subpart B—Implementation Guidelines | § 960.3-2-1 Site screening for potentially acceptable sites. | DOE | To identify potentially acceptable sites for the development of other than the first repository, the process shall begin with site-screening activities that consider large land masses that contain rock formations of suitable depth, thickness, and lateral extent and have structural, hydrologic, and tectonic features favorable for waste containment and isolation. Within those large land masses, subsequent site-screening activities shall focus on successively smaller and increasingly more suitable land units. This process shall be developed in consultation with the States that contain land units under consideration. It shall be implemented in a sequence of steps that first applies the applicable disqualifying conditions to eliminate land units on the basis of the evidence specified in § 960.3-1-4-1 and in accordance with the application requirements set forth in appendix III of this part. After the disqualifying conditions have been applied, the favorable and potentially adverse conditions, as identified for each remaining land unit, shall be evaluated. The presence of favorable conditions shall favor a given land unit, while the presence of potentially adverse conditions shall penalize that land unit. Recognizing that favorable conditions and potentially adverse conditions for different technical guidelines can exist in the same land unit, the DOE shall seek to evaluate the composite favorability of each land unit. Land units that, in the aggregrate, exhibit potentially adverse conditions shall be deferred in favor of land units that exhibit favorable conditions. The siting provisions that require diversity of geohydrologic settings and rock types and consideration of regionality, as specified in §§ 960.3-1-1, 960.3-1-2, and 960.3-1-3, respectively, may be used to discriminate between land units and to establish the range of options in site screening. To identify a site as potentially acceptable, the evidence shall support a finding that the site is not disqualified in accordance with the application requirements s… | |||||
| 10:10:5.0.2.5.43.2.19.13 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | B | Subpart B—Implementation Guidelines | § 960.3-2-2 Nomination of sites as suitable for characterization. | DOE | From the sites identified as potentially acceptable, the Secretary shall nominate at least five sites determined suitable for site characterization for the selection of each repository site. For the second repository, at least three of the sites shall not have been nominated previously. Any site nominated as suitable for characterization for the first repository, but not recommended as a candidate site for characterization, may not be nominated as suitable for characterization for the second repository. The nomination of a site as suitable for characterization shall be accompanied by an environmental assessment as specified in section 112(b)(1)(E) of the Act. Such nomination shall be based on evaluations in accordance with the guidelines of this part, and the bases and relevant details of those evaluations and of the decision processes involved therein shall be contained in the environmental assessment for the site in the manner specified in this subpart. The evidence required to support such evaluations and siting decisions is specified in § 960.3-1-4-2. | |||||
| 10:10:5.0.2.5.43.2.19.14 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | B | Subpart B—Implementation Guidelines | § 960.3-2-2-1 Evaluation of all potentially acceptable sites. | DOE | First, in considering sites for nomination, each of the potentially acceptable sites shall be evaluated on the basis of the disqualifying conditions specified in the technical guidelines of subparts C and D, in accordance with the application requirements set forth in appendix III of this part. This evaluation shall support a finding by the DOE that such sites is not disqualified. | |||||
| 10:10:5.0.2.5.43.2.19.15 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | B | Subpart B—Implementation Guidelines | § 960.3-2-2-2 Selection of sites within geohydrologic settings. | DOE | Second, the siting provision requiring diversity of geohydrologic settings, as specified in § 960.3-1-1, shall be applied to group all potentially acceptable sites according to their geohydrologic settings. Third, for those geohydrologic settings that contain more than one potentially acceptable site, the preferred site shall be selected on the basis of a comparative evaluation of all potentially acceptable sites in that setting. This evaluation shall consider the distinguishing characteristics displayed by the potentially acceptable sites within the setting and the related guidelines from subparts C and D. That is, the appropriate guidelines shall be selected primarily on the basis of the kinds of evidence among sites for which distinguishing characteristics can be identified. Such comparative evaluation shall be made on the basis of the qualifying conditions for those guidelines, considering, on balance, the favorable conditions and potentially adverse conditions identified at each site. Due consideration shall also be given to the siting provisions specifying the basis for site evaluations in § 960.3-1-5, to the extent practicable, and diversity of rock types in § 960.3-1-2, if the circumstances so apply. If less than five geohydrologic settings are available for consideration, the above process shall be used to select two or more preferred sites from those settings that contain more than one potentially acceptable site, as required to obtain the number of sites to be nominated as suitable for characterization. For purposes of the second and subsequent repositories, due consideration shall also be given to the siting provision for regionality as specified in § 960.3-1-3. Fourth, each preferred site within a geohydrologic setting shall be evaluated as to whether such site is suitable for the development of a repository under the qualifying condition of each guideline specified in subparts C and D that does not require site characterization as a prerequisite for the application of such guideline. The guidel… | |||||
| 10:10:5.0.2.5.43.2.19.16 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | B | Subpart B—Implementation Guidelines | § 960.3-2-2-3 Comparative evaluation of all sites proposed for nomination. | DOE | Sixth, for those potentially acceptable sites to be proposed for nomination, as determined by the process specified in § 960.3-2-2-2, a reasonable comparative evaluation of each such site with all other such sites shall be made. For each site and for each guideline specified in subparts C and D, the DOE shall summarize the evaluations and findings specified under § 960.3-2-2-1 and under the fourth and fifth provisions of § 960.3-2-2-2. Each such summary shall allow comparisons to be made among sites on this basis of each guideline. | |||||
| 10:10:5.0.2.5.43.2.19.17 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | B | Subpart B—Implementation Guidelines | § 960.3-2-2-4 The environmental assessment. | DOE | To document the process specified above, and in compliance with section 112(b)(1)(E) of the Act, an environmental assessment shall be prepared for each site proposed for nomination as suitable for characterization. Each such environmental assessment shall describe the decision process by which such site was proposed for nomination as described in the preceding six steps and shall contain or reference the evidence that supports such process according to the requirements of § 960.3-1-4-2 and appendix IV of this part. As specified in the Act, each environmental assessment shall include an evaluation of the effects of the site-characterization activities at the site on public health and safety and the environment; a discussion of alternative activities related to site characterization that may be taken to avoid such impact; and an assessment of the regional and local impacts of locating a repository at the site. The draft environmental assessment for each site proposed for nomination as suitable for characterization shall be made available by the DOE for public comment after the Secretary has notified the Governor and legislature of the State in which the site is located, and the governing body of the affected Indian tribe where such site is located, of such impending availability. | |||||
| 10:10:5.0.2.5.43.2.19.18 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | B | Subpart B—Implementation Guidelines | § 960.3-2-2-5 Formal site nomination. | DOE | After the final environmental assessments have been prepared, the Secretary shall nominate at least five sites that he determines suitable for site characterization for the selection of a repository site, and, in so doing, he shall cause to have published in the Federal Register a notice specifying the sites so nominated and announcing the availability of the final environmental assessments for such sites. This determination by the Secretary shall be based on the final environmental assessments for such sites, including, in particular, consideration of the available evidence, evaluations, and the resultant findings for the guidelines of subparts C and D so specified under the fourth and fifth provisions of § 960.3-2-2-2. Before nominating a site, the Secretary shall notify the Governor and legislature of the State in which the site is located, and the governing body of the affected Indian tribe where such site is located, of such nomination and the basis for such nomination. | |||||
| 10:10:5.0.2.5.43.2.19.19 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | B | Subpart B—Implementation Guidelines | § 960.3-2-3 Recommendation of sites for characterization. | DOE | After the nomination of at least five sites as suitable for site characterization for the selection of the first repository, the Secretary shall recommend in writing to the President not less than three candidate sites for such characterization. The recommendation decision shall be based on the available geophysical, geologic, geochemical, and hydrologic data; other information; associated evaluations and findings reported in the environmental assessments accompanying the nominations; and the considerations specified below, unless the Secretary certifies that such available data will not be adequate to satisfy applicable requirements of the Act in the absence of further preliminary borings or excavations. On the basis of the evidence and in accordance with the siting provision specifying the basis for site evaluations in § 960.3-1-5, the sites nominated as suitable for characterization shall be considered as to their order of preference as candidate sites for characterization. Subsequently, the siting provisions specifying diversity of geohydrologic settings, diversity of rock types, and, after the first repository, consideration of regionality in §§ 960.3-1-1, 960.3-1-2, and 960.3-1-3, respectively, shall be considered to determine a final order of preference for the characterization of such sites. Considering this order of preference together with the available siting alternatives specified in the Act, the sites recommended as candidate sites for characterization shall offer, on balance, the most advantageous combination of characteristics and conditions for the successful development of repositories at such sites. The process for the recommendation of sites as candidate sites for characterization for the selection of any subsequent repository shall be the same as that specified above for the first repository. | |||||
| 10:10:5.0.2.5.43.2.19.2 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | B | Subpart B—Implementation Guidelines | § 960.3-1 Siting provisions. | DOE | The siting provisions establish the framework for the implementation of the siting process specified in § 960.3-2. Sections 960.3-1-1 and 960.3-1-2 require that consideration be given to sites situated in different geohydrologic settings and different types of host rock, respectively. These diversity guidelines are intended to balance the process of site selection by requiring consideration of a variety of geologic conditions and media, and thereby enhance confidence in the technical suitability of sites selected for the development of repositories. As required by the Act, § 960.3-1-3 specifies consideration of a regional distribution of repositories after recommendation of a site for development of the first repository. Section 960.3-1-4 describes the evidence that is required to support siting decisions. Section 960.3-1-5 establishes the basis for site evaluations against the postclosure and the preclosure guidelines of subparts C and D during the various phases of the siting process. | |||||
| 10:10:5.0.2.5.43.2.19.20 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | B | Subpart B—Implementation Guidelines | § 960.3-3 Consultation. | DOE | The DOE shall provide to designated officials of the affected States and to the governing bodies of any affected Indian tribe timely and complete information regarding determinations or plans made with respect to the siting, site characterization, design, development, construction, operation, closure, decommissioning, licensing, or regulation of a repository. Written responses to written requests for information from the designated officials of affected States or affected Indian tribes will be provided within 30 days after receipt of the written requests. In performing any study of an area for the purpose of determining the suitability of such area for the development of a repository, the DOE shall consult and cooperate with the Governor and the legislature of an affected State and the governing body of an affected Indian tribe in an effort to resolve concerns regarding public health and safety, environmental impacts, socioeconomic impacts, and technical aspects of the siting process. After notifying affected States and affected Indian tribes that potentially acceptable sites have been identified, or that a site has been approved for characterization, the DOE shall seek to enter into binding written agreements with such affected States or affected Indian tribes in accordance with the requirements of the Act. The DOE shall also consult, as appropriate, with other Federal agencies. | |||||
| 10:10:5.0.2.5.43.2.19.21 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | B | Subpart B—Implementation Guidelines | § 960.3-4 Environmental impacts. | DOE | Environmental impacts shall be considered by the DOE throughout the site characterization, site selection, and repository development process. The DOE shall mitigate significant adverse environmental impacts, to the extent practicable, during site characterization and repository construction, operation, closure, and decommissioning. | |||||
| 10:10:5.0.2.5.43.2.19.3 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | B | Subpart B—Implementation Guidelines | § 960.3-1-1 Diversity of geohydrologic settings. | DOE | Consideration shall be given to a variety of geohydrologic settings in which sites for the development of repositories may be located. To the extent practicable, sites recommended as candidate sites for characterization shall be located in different geohydrologic settings. | |||||
| 10:10:5.0.2.5.43.2.19.4 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | B | Subpart B—Implementation Guidelines | § 960.3-1-2 Diversity of rock types. | DOE | Consideration shall be given to a variety of geologic media in which sites for the development of repositories may be located. To the extent practicable, and with due consideration of candidate sites characterized previously or approved for such characterization if the circumstances apply, sites recommended as candidate sites for characterization shall have different types of host rock. | |||||
| 10:10:5.0.2.5.43.2.19.5 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | B | Subpart B—Implementation Guidelines | § 960.3-1-3 Regionality. | DOE | In making site recommendations for repository development after the site for the first repository has been recommended, the Secretary shall give due consideration to the need for, and the advantages of, a regional distribution in the siting of subsequent repositories. Such consideration shall take into account the proximity of sites to locations at which waste is generated or temporarily stored and at which other repositories have been or are being developed. | |||||
| 10:10:5.0.2.5.43.2.19.6 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | B | Subpart B—Implementation Guidelines | § 960.3-1-4 Evidence for siting decisions. | DOE | The siting process involves a sequence of four decisions: The identification of potentially acceptable sites; the nomination of sites as suitable for characterization; the recommendation of sites as candidate sites for site characterization; and after the completion of site characterization and nongeologic data gathering, the recommendation of a candidate site for the development of a repository. Each of these decisions will be supported by the evidence specified below. | |||||
| 10:10:5.0.2.5.43.2.19.7 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | B | Subpart B—Implementation Guidelines | § 960.3-1-4-1 Site identification as potentially acceptable. | DOE | The evidence for the identification of a potentially acceptable site shall be the types of information specified in appendix IV of this part. Such evidence will be relatively general and less detailed than that required for the nomination of a site as suitable for characterization. Because the gathering of detailed geologic data will not take place until after the recommendation of a site for characterization, the levels of information may be relatively greater for the evaluation of those guidelines in subparts C and D that pertain to surface-identifiable factors for such site. The sources of information shall include the literature in the public domain and the private sector, when available, and will be supplemented in some instances by surface investigations and conceptual engineering design studies conducted by the DOE. Geologic surface investigations may include the mapping of identifiable rock masses, fracture and joint characteristics, and fault zones. Other surface investigations will consider the aquatic and terrestrial ecology; water rights and uses; topography; potential offsite hazards; natural resource concentrations; national or State protected resources; existing transportation systems; meteorology and climatology; population densities, centers, and distributions; and general socioeconomic characteristics. | |||||
| 10:10:5.0.2.5.43.2.19.8 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | B | Subpart B—Implementation Guidelines | § 960.3-1-4-2 Site nomination for characterization. | DOE | The evidence required to support the nomination of a site as suitable for characterization shall include the types of information specified in appendix IV of this part and shall be contained or referenced in the environmental assessments to be prepared in accordance with the requirements of the Act. The source of this information shall include the literature and related studies in the public domain and the private sector, when available, and various meteorological, environmental, socioeconomic, and transportation studies conducted by the DOE in the affected area; exploratory boreholes in the region of such site, including lithologic logging and hydrologic and geophysical testing of such boreholes, laboratory testing of core samples for the evaluation of geochemical and engineering rock properties, and chemical analyses of water samples from such boreholes; surface investigations, including geologic mapping and geophysical surveys, and compilations of satellite imagery data; in situ or laboratory testing of similar rock types under expected repository conditions; evaluations of natural and man-made analogs of the repository and its subsystems, such as geothermally active areas, underground excavations, and case histories of socioeconomic cycles in areas that have experienced intermittent large-scale construction and industrial activities; and extrapolations of regional data to estimate site-specific characteristics and conditions. The exact types and amounts of information to be collected within the above categories, including such details as the specific types of hydrologic tests, combinations of geophysical tests, or number of exploratory boreholes, are dependent on the site-specific needs for the application of the guidelines of subparts C and D, in accordance with the provisions of this subpart and the application requirements set forth in appendix III of this part. The evidence shall also include those technical evaluations that use the information specified above and that provide additional bases for evaluat… | |||||
| 10:10:5.0.2.5.43.2.19.9 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | B | Subpart B—Implementation Guidelines | § 960.3-1-4-3 Site recommendation for characterization. | DOE | The evidence required to support the recommendation of a site as a candidate site for characterization shall consist of the evaluations and data contained or referenced in the environmental assessment for such site, unless the Secretary certifies that such information, in the absence of additional preliminary borings or excavations, will not be adequate to satisfy applicable requirements of the Act. | |||||
| 10:10:5.0.2.5.43.3.19.1 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | C | Subpart C—Postclosure Guidelines | § 960.4 Postclosure guidelines. | DOE | The guidelines in this subpart specify the factors to be considered in evaluating and comparing sites on the basis of expected repository performance after closure. The postclosure guidelines are separated into a system guideline and eight technical guidelines. The system guideline establishes waste containment and isolation requirements that are based on NRC and EPA regulations. These requirements must be met by the repository system, which contains natural barriers and engineered barriers. The engineered barriers will be designed to complement the natural barriers, which provide the primary means for waste isolation. | |||||
| 10:10:5.0.2.5.43.3.19.10 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | C | Subpart C—Postclosure Guidelines | § 960.4-2-7 Tectonics. | DOE | (a) Qualifying condition. The site shall be located in a geologic setting where future tectonic processes or events will not be likely to lead to radionuclide releases greater than those allowable under the requirements specified in § 960.4-1. In predicting the likelihood of potentially disruptive tectonic processes or events, the DOE will consider the structural, stratigraphic, geophysical, and seismic evidence for the nature and rates of tectonic processes and events in the geologic setting during the Quaternary Period. (b) Favorable condition. The nature and rates of igneous activity and tectonic processes (such as uplift, subsidence, faulting, or folding), if any, operating within the geologic setting during the Quaternary Period would, if continued into the future, have less than one chance in 10,000 over the first 10,000 years after closure of leading to releases of radionuclides to the accessible environment. (c) Potentially adverse conditions. (1) Evidence of active folding, faulting, diapirism, uplift, subsidence, or other tectonic processes or igneous activity within the geologic setting during the Quaternary Period. (2) Historical earthquakes within the geologic setting of such magnitude and intensity that, if they recurred, could affect waste containment or isolation. (3) Indications, based on correlations of earthquakes with tectonic processes and features, that either the frequency of occurrence or the magnitude of earthquakes within the geologic setting may increase. (4) More-frequent occurrences of earthquakes or earthquakes of higher magnitude than are representative of the region in which the geologic setting is located. (5) Potential for natural phenomena such as landslides, subsidence, or volcanic activity of such magnitudes that they could create large-scale surface-water impoundments that could change the regional ground-water flow system. (6) Potential for tectonic deformations—such as uplift, subsidence, folding, or faulting—that could adversely affect the regional ground-wate… | |||||
| 10:10:5.0.2.5.43.3.19.11 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | C | Subpart C—Postclosure Guidelines | § 960.4-2-8 Human interference. | DOE | The site shall be located such that activities by future generations at or near the site will not be likely to affect waste containment and isolation. In assessing the likelihood of such activities, the DOE will consider the estimated effectiveness of the permanent markers and records required by 10 CFR part 60, taking into account site-specific factors, as stated in §§ 960.4-2-8-1 and 960.4-2-8-2, that could compromise their continued effectiveness. | |||||
| 10:10:5.0.2.5.43.3.19.12 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | C | Subpart C—Postclosure Guidelines | § 960.4-2-8-1 Natural resources. | DOE | (a) Qualifying condition. This site shall be located such that—considering permanent markers and records and reasonable projections of value, scarcity, and technology—the natural resources, including ground water suitable for crop irrigation or human consumption without treatment, present at or near the site will not be likely to give rise to interference activities that would lead to radionuclide releases greater than those allowable under the requirements specified in § 960.4-1. (b) Favorable conditions. (1) No known natural resources that have or are projected to have in the foreseeable future a value great enough to be considered a commercially extractable resource. (2) Ground water with 10,000 parts per million or more of total dissolved solids along any path of likely radionuclide travel from the host rock to the accessible environment. (c) Potentially adverse conditions. (1) Indications that the site contains naturally occurring materials, whether or not actually identified in such form that (i) economic extraction is potentially feasible during the foreseeable future or (ii) such materials have a greater gross value, net value, or commercial potential than the average for other areas of similar size that are representative of, and located in, the geologic setting. (2) Evidence of subsurface mining or extraction for resources within the site if it could affect waste containment or isolation. (3) Evidence of drilling within the site for any purpose other than repository-site evaluation to a depth sufficient to affect waste containment and isolation. (4) Evidence of a significant concentration of any naturally occurring material that is not widely available from other sources. (5) Potential for foreseeable human activities—such as ground-water withdrawal, extensive irrigation, subsurface injection of fluids, underground pumped storage, military activities, or the construction of large-scale surface-water impoundments—that could adversely change portions of the ground-water flow system important … | |||||
| 10:10:5.0.2.5.43.3.19.13 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | C | Subpart C—Postclosure Guidelines | § 960.4-2-8-2 Site ownership and control. | DOE | (a) Qualifying condition. The site shall be located on land for which the DOE can obtain, in accordance with the requirements of 10 CFR part 60, ownership, surface and subsurface rights, and control of access that are required in order that potential surface and subsurface activities as the site will not be likely to lead to radionuclide releases greater than those allowable under the requirements specified in § 960.4-1. (b) Favorable condition. Present ownership and control of land and all surface and subsurface rights by the DOE. (c) Potentially adverse condition. Projected land-ownership conflicts that cannot be successfully resolved through voluntary purchase-sell agreements, nondisputed agency-to-agency transfers of title, or Federal condemnation proceedings. | |||||
| 10:10:5.0.2.5.43.3.19.2 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | C | Subpart C—Postclosure Guidelines | § 960.4-1 System guideline. | DOE | (a) Qualifying Condition. The geologic setting at the site shall allow for the physical separation of radioactive waste from the accessible environment after closure in accordance with the requirements of 40 CFR part 191, subpart B, as implemented by the provisions of 10 CFR part 60. The geologic setting at the site will allow for the use of engineered barriers to ensure compliance with the requirements of 40 CFR part 191 and 10 CFR part 60 (see appendix I of this part). | |||||
| 10:10:5.0.2.5.43.3.19.3 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | C | Subpart C—Postclosure Guidelines | § 960.4-2 Technical guidelines. | DOE | The technical guidelines in this subpart set forth qualifying, favorable, potentially adverse, and, in five guidelines, disqualifying conditions on the characteristics, processes, and events that may influence the performance of a repository system after closure. The favorable conditions and the potentially adverse conditions under each guideline are not listed in any assumed order of importance. Potentially adverse conditions will be considered if they affect waste isolation within the controlled area even though such conditions may occur outside the controlled area. The technical guidelines that follow establish conditions that shall be considered in determining compliance with the qualifying condition of the postclosure system guideline. For each technical guideline, an evaluation of qualification or disqualification shall be made in accordance with the requirements specified in subpart B. | |||||
| 10:10:5.0.2.5.43.3.19.4 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | C | Subpart C—Postclosure Guidelines | § 960.4-2-1 Geohydrology. | DOE | (a) Qualifying condition. The present and expected geohydrologic setting of a site shall be compatible with waste containment and isolation. The geohydrologic setting, considering the characteristics of and the processes operating within the geologic setting, shall permit compliance with (1) the requirements specified in § 960.4-1 for radionuclide releases to the accessible environment and (2) the requirements specified in 10 CFR 60.113 for radionuclide releases from the engineered-barrier system using reasonably available technology. (b) Favorable conditions. (1) Site conditions such that the pre-waste-emplacement ground-water travel time along any path of likely radionuclide travel from the disturbed zone to the accessible environment would be more than 10,000 years. (2) The nature and rates of hydrologic processes operating within the geologic setting during the Quaternary Period would, if continued into the future, not affect or would favorably affect the ability of the geologic repository to isolate the waste during the next 100,000 years. (3) Sites that have stratigraphic, structural, and hydrologic features such that the geohydrologic system can be readily characterized and modeled with reasonable certainty. (4) For disposal in the saturated zone, at least one of the following pre-waste-emplacement conditions exists: (i) A host rock and immediately surrounding geohydrologic units with low hydraulic conductivities. (ii) A downward or predominantly horizontal hydraulic gradient in the host rock and in the immediately surrounding geohydrologic units. (iii) A low hydraulic gradient in and between the host rock and the immediately surrounding geohydrologic units. (iv) High effective porosity together with low hydraulic conductivity in rock units along paths of likely radionuclide travel between the host rock and the accessible environment. (5) For disposal in the unsaturated zone, at least one of the following pre-waste-emplacement conditions exists: (i) A low and nearly constant degree of saturat… | |||||
| 10:10:5.0.2.5.43.3.19.5 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | C | Subpart C—Postclosure Guidelines | § 960.4-2-2 Geochemistry. | DOE | (a) Qualifying condition. The present and expected geochemical characteristics of a site shall be compatible with waste containment and isolation. Considering the likely chemical interactions among radionuclides, the host rock, and the ground water, the characteristics of and the processes operating within the geologic setting shall permit compliance with (1) the requirements specified in § 960.4-1 for radionuclide releases to the accessible environment and (2) the requirements specified in 10 CFR 60.113 for radionuclide releases from the engineered-barrier system using reasonably available technology. (b) Favorable conditions. (1) The nature and rates of the geochemical processes operating within the geologic setting during the Quaternary Period would, if continued into the future, not affect or would favorably affect the ability of the geologic repository to isolate the waste during the next 100,000 years. (2) Geochemical conditions that promote the precipitation, diffusion into the rock matrix, or sorption of radionuclides; inhibit the formation of particulates, colloids, inorganic complexes, or organic complexes that increase the mobility of radionuclides; or inhibit the transport of radionuclides by particulates, colloids, or complexes. (3) Mineral assemblages that, when subjected to expected repository conditions, would remain unaltered or would alter to mineral assemblages with equal or increased capability to retard radionuclide transport. (4) A combination of expected geochemical conditions and a volumetric flow rate of water in the host rock that would allow less than 0.001 percent per year of the total radionuclide inventory in the repository at 1,000 years to be dissolved. (5) Any combination of geochemical and physical retardation processes that would decrease the predicted peak cumulative releases of radionuclides to the accessible environment by a factor of 10 as compared to those predicted on the basis of ground-water travel time without such retardation. (c) Potentially adverse conditi… | |||||
| 10:10:5.0.2.5.43.3.19.6 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | C | Subpart C—Postclosure Guidelines | § 960.4-2-3 Rock characteristics. | DOE | (a) Qualifying condition. The present and expected characteristics of the host rock and surrounding units shall be capable of accommodating the thermal, chemical, mechanical, and radiation stresses expected to be induced by repository construction, operation, and closure and by expected interactions among the waste, host rock, ground water, and engineered components. The characteristics of and the processes operating within the geologic setting shall permit compliance with (1) the requirements specified in § 960.4-1 for radionuclide releases to the accessible environment and (2) the requirements set forth in 10 CFR 60.113 for radionuclide releases from the engineered-barrier system using reasonably available technology. (b) Favorable Conditions. (1) A host rock that is sufficiently thick and laterally extensive to allow significant flexibility in selecting the depth, configuration, and location of the underground facility to ensure isolation. (2) A host rock with a high thermal conductivity, a low coefficient of thermal expansion, or sufficient ductility to seal fractures induced by repository construction, operation, or closure or by interactions among the waste, host rock, ground water, and engineered components. (c) Potentially adverse conditions. (1) Rock conditions that could require engineering measures beyond reasonably available technology for the construction, operation, and closure of the repository, if such measures are necessary to ensure waste containment or isolation. (2) Potential for such phenomena as thermally induced fractures, the hydration or dehydration of mineral components, brine migration, or other physical, chemical, or radiation-related phenomena that could be expected to affect waste containment or isolation. (3) A combination of geologic structure, geochemical and thermal properties, and hydrologic conditions in the host rock and surrounding units such that the heat generated by the waste could significantly decrease the isolation provided by the host rock as compared with p… | |||||
| 10:10:5.0.2.5.43.3.19.7 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | C | Subpart C—Postclosure Guidelines | § 960.4-2-4 Climatic changes. | DOE | (a) Qualifying condition. The site shall be located where future climatic conditions will not be likely to lead to radionuclide releases greater than those allowable under the requirements specified in § 960.4-1. In predicting the likely future climatic conditions at a site, the DOE will consider the global, regional, and site climatic patterns during the Quaternary Period, considering the geomorphic evidence of the climatic conditions in the geologic setting. (b) Favorable conditions. (1) A surface-water system such that expected climatic cycles over the next 100,000 years would not adversely affect waste isolation. (2) A geologic setting in which climatic changes have had little effect on the hydrologic system throughout the Quaternary Period. (c) Potentially adverse conditions. (1) Evidence that the water table could rise sufficiently over the next 10,000 years to saturate the underground facility in a previously unsaturated host rock. (2) Evidence that climatic changes over the next 10,000 years could cause perturbations in the hydraulic gradient, the hydraulic conductivity, the effective porosity, or the ground-water flux through the host rock and the surrounding geohydrologic units, sufficient to significantly increase the transport of radionuclides to the accessible environment. | |||||
| 10:10:5.0.2.5.43.3.19.8 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | C | Subpart C—Postclosure Guidelines | § 960.4-2-5 Erosion. | DOE | (a) Qualifying condition. The site shall allow the underground facility to be placed at a depth such that erosional processes acting upon the surface will not be likely to lead to radionuclide releases greater than those allowable under the requirements specified in § 960.4-1. In predicting the likelihood of potentially disruptive erosional processes, the DOE will consider the climatic, tectonic, and geomorphic evidence of rates and patterns of erosion in the geologic setting during the Quaternary Period. (b) Favorable conditions. (1) Site conditions that permit the emplacement of waste at a depth of at least 300 meters below the directly overlying ground surface. (2) A geologic setting where the nature and rates of the erosional processes that have been operating during the Quaternary Period are predicted to have less than one chance in 10,000 over the next 10,000 years of leading to releases of radionuclides to the accessible environment. (3) Site conditions such that waste exhumation would not be expected to occur during the first one million years after repository closure. (c) Potentially adverse conditions. (1) A geologic setting that shows evidence of extreme erosion during the Quaternary Period. (2) A geologic setting where the nature and rates of geomorphic processes that have been operating during the Quaternary Period could, during the first 10,000 years after closure, adversely affect the ability of the geologic repository to isolate the waste. (d) Disqualifying condition. The site shall be disqualified if site conditions do not allow all portions of the underground facility to be situated at least 200 meters below the directly overlying ground surface. | |||||
| 10:10:5.0.2.5.43.3.19.9 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | C | Subpart C—Postclosure Guidelines | § 960.4-2-6 Dissolution. | DOE | (a) Qualifying condition. The site shall be located such that any subsurface rock dissolution will not be likely to lead to radionuclide releases greater than those allowable under the requirements specified in § 960.4-1. In predicting the likelihood of dissolution within the geologic setting at a site, the DOE will consider the evidence of dissolution within that setting during the Quaternary Period, including the locations and characteristics of dissolution fronts or other dissolution features, if identified. (b) Favorable condition. No evidence that the host rock within the site was subject to significant dissolution during the Quaternary Period. (c) Potentially adverse condition. Evidence of dissolution within the geologic setting—such as breccia pipes, dissolution cavities, significant volumetric reduction of the host rock or surrounding strata, or any structural collapse—such that a hydraulic interconnection leading to a loss of waste isolation could occur. (d) Disqualifying condition. The site shall be disqualified if it is likely that, during the first 10,000 years after closure, active dissolution, as predicted on the basis of the geologic record, would result in a loss of waste isolation. | |||||
| 10:10:5.0.2.5.43.4.19.1 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | D | Subpart D—Preclosure Guidelines | § 960.5 Preclosure guidelines. | DOE | The guidelines in this subpart specify the factors to be considered in evaluating and comparing sites on the basis of expected repository performance before closure. The preclosure guidelines are separated into three system guidelines and eleven technical guidelines. | |||||
| 10:10:5.0.2.5.43.4.19.2 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | D | Subpart D—Preclosure Guidelines | § 960.5-1 System guidelines. | DOE | (a) Qualifying conditions —(1) Preclosure radiological safety. Any projected radiological exposures of the general public and any projected releases of radioactive materials to restricted and unrestricted areas during repository operation and closure shall meet the applicable safety requirements set forth in 10 CFR part 20, 10 CFR part 60, and 40 CFR 191, subpart A (see appendix II of this part). (2) Environment, socioeconomics, and transportation. During repository siting, construction, operation, closure, and decommissioning the public and the environment shall be adequately protected from the hazards posed by the disposal of radioactive waste. (3) Ease and cost of siting, construction, operation, and closure. Repository siting, construction, operation, and closure shall be demonstrated to be technically feasible on the basis of reasonably available technology, and the associated costs shall be demonstrated to be reasonable relative to other available and comparable siting options. | |||||
| 10:10:5.0.2.5.43.4.19.3 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | D | Subpart D—Preclosure Guidelines | § 960.5-2 Technical guidelines. | DOE | The technical guidelines in this subpart set forth qualifying, favorable, potentially adverse, and, in seven guidelines, disqualifying conditions for the characteristics, processes, and events that influence the suitability of a site relative to the preclosure system guidelines. These conditions are separated into three main groups: Preclosure radiological safety; environment, socioeconomics, and transportation; and ease and cost of siting, construction, operation, and closure. The first group includes conditions on population density and distribution, site ownership and control, meteorology, and offsite installations and operations. The second group includes conditions related to environmental quality and socioeconomic impacts in areas potentially affected by a repository and to the transportation of waste to a repository site. The third group includes conditions on the surface characteristics of the site, the characteristics of the host rock and surrounding strata, hydrology, and tectonics. The individual technical guidelines within each group, as well as the favorable conditions and the potentially adverse conditions under each guideline, are not listed in any assumed order of importance. The technical guidelines that follow establish conditions that shall be considered in determining compliance with the qualifying conditions of the preclosure system guidelines. For each technical guideline, an evaluation of qualification or disqualification shall be made in accordance with the requirements specified in subpart B. | |||||
| 10:10:5.0.2.5.43.4.19.4 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | D | Subpart D—Preclosure Guidelines | § 960.5-2-1 Population density and distribution. | DOE | (a) Qualifying condition. The site shall be located such that, during repository operation and closure, (1) the expected average radiation dose to members of the public within any highly populated area will not be likely to exceed a small fraction of the limits allowable under the requirements specified in § 960.5-1(a)(1), and (2) the expected radiation dose to any member of the public in an unrestricted area will not be likely to exceed the limit allowable under the requirements specified in § 960.5-1(a)(1). (b) Favorable conditions. (1) A low population density in the general region of the site. (2) Remoteness of site from highly populated areas. (c) Potentially adverse conditions. (1) High residential, seasonal, or daytime population density within the projected site boundaries. (2) Proximity of the site to highly populated areas, or to areas having at least 1,000 individuals in an area 1 mile by 1 mile as defined by the most recent decennial count of the U.S. census. (d) Disqualifying conditions. A site shall be disqualified if— (1) Any surface facility of a repository would be located in a highly populated area; or (2) Any surface facility of a repository would be located adjacent to an area 1 mile by 1 mile having a population of not less than 1,000 individuals as enumerated by the most recent U.S. census; or (3) The DOE could not develop an emergency preparedness program which meets the requirements specified in DOE Order 5500.3 (Reactor and Non-Reactor Facility Emergency Planning, Preparedness, and Response Program for Department of Energy Operations) and related guides or, when issued by the NRC, in 10 CFR part 60, subpart I, “Emergency Planning Criteria.” | |||||
| 10:10:5.0.2.5.43.4.19.5 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | D | Subpart D—Preclosure Guidelines | § 960.5-2-2 Site ownership and control. | DOE | (a) Qualifying condition. The site shall be located on land for which the DOE can obtain, in accordance with the requirements of 10 CFR 60.121, ownership, surface and subsurface rights, and control of access that are required in order that surface and subsurface activities during repository operation and closure will not be likely to lead to radionuclide releases to an unrestricted area greater than those allowable under the requirements specified in § 960.5-1(a)(1). (b) Favorable condition. Present ownership and control of land and all surface and subsurface mineral and water rights by the DOE. (c) Potentially adverse condition. Projected land-ownership conflicts that cannot be successfully resolved through voluntary purchase-sell agreements, nondisputed agency-to-agency transfers of title, or Federal condemnation proceedings. | |||||
| 10:10:5.0.2.5.43.4.19.6 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | D | Subpart D—Preclosure Guidelines | § 960.5-2-3 Meteorology. | DOE | (a) Qualifying condition. The site shall be located such that expected meteorological conditions during repository operation and closure will not be likely to lead to radionuclide releases to an unrestricted area greater than those allowable under the requirements specified in § 960.5-1(a)(1). (b) Favorable condition. Prevailing meteorological conditions such that any radioactive releases to the atmosphere during repository operation and closure would be effectively dispersed, thereby reducing significantly the likelihood of unacceptable exposure to any member of the public in the vicinity of the repository. (c) Potentially adverse conditions. (1) Prevailing meteorological conditions such that radioactive emissions from repository operation of closure could be preferentially transported toward localities in the vicinity of the repository with higher population densities than are the average for the region. (2) History of extreme weather phenomena—such as hurricanes, tornadoes, severe floods, or severe and frequent winter storms—that could significantly affect repository operation or closure. | |||||
| 10:10:5.0.2.5.43.4.19.7 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | D | Subpart D—Preclosure Guidelines | § 960.5-2-4 Offsite installations and operations. | DOE | (a) Qualifying condition. The site shall be located such that present projected effects from nearby industrial, transportation, and military installations and operations, including atomic energy defense activities, (1) will not significantly affect repository siting, construction, operation, closure, or decommissioning or can be accommodated by engineering measures and (2), when considered together with emissions from repository operation and closure, will not be likely to lead to radionuclide releases to an unrestricted area greater than those allowable under the requirements specified in § 960.5-1(a)(1). (b) Favorable condition. Absence of contributing radioactive releases from other nuclear installations and operations that must be considered under the requirements of 40 CFR 191, subpart A. (c) Potentially adverse conditions. (1) The presence of nearby potentially hazardous installations or operations that could adversely affect repository operation or closure. (2) Presence of other nuclear installations and operations, subject to the requirements of 40 CFR part 190 or 40 CFR part 191, subpart A, with actual or projected releases near the maximum value permissible under those standards. (d) Disqualifying condition. A site shall be disqualified if atomic energy defense activities in proximity to the site are expected to conflict irreconcilably with repository siting, construction, operation, closure, or decommissioning. | |||||
| 10:10:5.0.2.5.43.4.20.10 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | D | Subpart D—Preclosure Guidelines | § 960.5-2-7 Transportation. | DOE | (a) Qualifying condition. The site shall be located such that (1) the access routes constructed from existing local highways and railroads to the site (i) will not conflict irreconcilably with the previously designated use of any resource listed in § 960.5-2-5(d) (2) and (3); (ii) can be designed and constructed using reasonably available technology; (iii) will not require transportation system components to meet performance standards more stringent than those specified in the applicable DOT and NRC regulations, nor require the development of new packaging containment technology; (iv) will allow transportation operations to be conducted without causing an unacceptable risk to the public or unacceptable environmental impacts, taking into account programmatic, technical, social, economic, and environmental factors; and (2) the requirements of § 960.5-1(a)(2) can be met. (b) Favorable conditions. (1) Availability of access routes from local existing highways and railroads to the site which have any of the following characteristics: (i) Such routes are relatively short and economical to construct as compared to access routes for other comparable siting options. (ii) Federal condemnation is not required to acquire rights-of-way for the access routes. (iii) Cuts, fills, tunnels, or bridges are not required. (iv) Such routes are free of sharp curves or steep grades and are not likely to be affected by landslides or rock slides. (v) Such routes bypass local cities and towns. (2) Proximity to local highways and railroads that provide access to regional highways and railroads and are adequate to serve the repository without significant upgrading or reconstruction. (3) Proximity to regional highways, mainline railroads, or inland waterways that provide access to the national transportation system. (4) Availability of a regional railroad system with a minimum number of interchange points at which train crew and equipment changes would be required. (5) Total projected life-cycle cost and risk for transportation … | |||||
| 10:10:5.0.2.5.43.4.20.8 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | D | Subpart D—Preclosure Guidelines | § 960.5-2-5 Environmental quality. | DOE | (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… | |||||
| 10:10:5.0.2.5.43.4.20.9 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | D | Subpart D—Preclosure Guidelines | § 960.5-2-6 Socioeconomic impacts. | DOE | (a) Qualifying condition. The site shall be located such that (1) any significant adverse social and/or economic impacts induced in communities and surrounding regions by repository siting, construction, operation, closure, and decommissioning can be offset by reasonable mitigation or compensation, as determined by a process of analysis, planning, and consultation among the DOE, affected State and local government jurisdictions, and affected Indian tribes; and (2) the requirements specified in § 960.5-1(a)(2) can be met. (b) Favorable conditions. (1) Ability of an affected area to absorb the project-related population changes without significant disruptions of community services and without significant impacts on housing supply and demand. (2) Availability of an adequate labor force in the affected area. (3) Projected net increases in employment and business sales, improved community services, and increased government revenues in the affected area. (4) No projected substantial disruption of primary sectors of the economy of the affected area. (c) Potentially adverse conditions. (1) Potential for significant repository-related impacts on community services, housing supply and demand, and the finances of State and local government agencies in the affected area. (2) Lack of an adequate labor force in the affected area. (3) Need for repository-related purchase or acquisition of water rights, if such rights could have significant adverse impacts on the present or future development of the affected area. (4) Potential for major disruptions of primary sectors of the economy of the affected area. (d) Disqualifying condition. A site shall be disqualified if repository construction, operation, or closure would significantly degrade the quality, or significantly reduce the quantity, of water from major sources of offsite supplies presently suitable for human consumption or crop irrigation and such impacts cannot be compensated for, or mitigated by, reasonable measures. | |||||
| 10:10:5.0.2.5.43.4.21.11 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | D | Subpart D—Preclosure Guidelines | § 960.5-2-8 Surface characteristics. | DOE | (a) Qualifying condition. The site shall be located such that, considering the surface characteristics and conditions of the site and surrounding area, including surface-water systems and the terrain, the requirements specified in § 960.5-1(a)(3) can be met during repository siting, construction, operation, and closure. (b) Favorable conditions. (1) Generally flat terrain. (2) Generally well-drained terrain. (c) Potentially adverse condition. Surface characteristics that could lead to the flooding of surface or underground facilities by the occupancy and modification of flood plains, the failure of existing or planned man-made surface-water impoundments, or the failure of engineered components of the repository. | |||||
| 10:10:5.0.2.5.43.4.21.12 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | D | Subpart D—Preclosure Guidelines | § 960.5-2-9 Rock characteristics. | DOE | (a) Qualifying condition. The site shall be located such that (1) the thickness and lateral extent and the characteristics and composition of the host rock will be suitable for accommodation of the underground facility; (2) repository construction, operation, and closure will not cause undue hazard to personnel; and (3) the requirements specified in § 960.5-1(a)(3) can be met. (b) Favorable conditions. (1) A host rock that is sufficiently thick and laterally extensive to allow significant flexibility in selecting the depth, configuration, and location of the underground facility. (2) A host rock with characteristics that would require minimal or no artificial support for underground openings to ensure safe repository construction, operation, and closure. (c) Potentially adverse conditions. (1) A host rock that is suitable for repository construction, operation, and closure, but is so thin or laterally restricted that little flexibility is available for selecting the depth, configuration, or location of an underground facility. (2) In situ characteristics and conditions that could require engineering measures beyond reasonably available technology in the construction of the shafts and underground facility. (3) Geomechanical properties that could necessitate extensive maintenance of the underground openings during repository operation and closure. (4) Potential for such phenomena as thermally induced fracturing, the hydration and dehydration of mineral components, or other physical, chemical, or radiation-related phenomena that could lead to safety hazards or difficulty in retrieval during repository operation. (5) Existing faults, shear zones, pressurized brine pockets, dissolution effects, or other stratigraphic or structural features that could compromise the safety of repository personnel because of water inflow or construction problems. (d) Disqualifying condition. The site shall be disqualified if the rock characteristics are such that the activities associated with repository construction, … | |||||
| 10:10:5.0.2.5.43.4.21.13 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | D | Subpart D—Preclosure Guidelines | § 960.5-2-10 Hydrology. | DOE | (a) Qualifying condition. The site shall be located such that the geohydrologic setting of the site will (1) be compatible with the activities required for repository construction, operation, and closure; (2) not compromise the intended functions of the shaft liners and seals; and (3) permit the requirements specified in § 960.5-1(a)(3) to be met. (b) Favorable conditions. (1) Absence of aquifers between the host rock and the land surface. (2) Absence of surface-water systems that could potentially cause flooding of the repository. (3) Availability of the water required for repository construction, operation, and closure. (c) Potentially adverse condition. Ground-water conditions that could require complex engineering measures that are beyond reasonably available technology for repository construction, operation, and closure. (d) Disqualifying condition. A site shall be disqualified if, based on expected ground-water conditions, it is likely that engineering measures that are beyond reasonably available technology will be required for exploratory-shaft construction or for repository construction, operation, or closure. | |||||
| 10:10:5.0.2.5.43.4.21.14 | 10 | Energy | III | 960 | PART 960—GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY | D | Subpart D—Preclosure Guidelines | § 960.5-2-11 Tectonics. | DOE | (a) Qualifying Conditions. The site shall be located in a geologic setting in which any projected effects of expected tectonic phenomena or igneous activity on repository construction, operation, or closure will be such that the requirements specified in § 960.5-1(a)(3) can be met. (b) Favorable Condition. The nature and rates of faulting, if any, within the geologic setting are such that the magnitude and intensity of the associated seismicity are significantly less than those generally allowable for the construction and operation of nuclear facilities. (c) Potentially Adverse Conditions. (1) Evidence of active faulting within the geologic setting. (2) Historical earthquakes or past man-induced seismicity that, if either were to recur, could produce ground motion at the site in excess of reasonable design limits. (3) Evidence, based on correlations of earthquakes with tectonic processes and features, (e.g., faults) within the geologic setting, that the magnitude of earthquakes at the site during repository construction, operation, and closure may be larger then predicted from historical seismicity. (d) Disqualifying Condition. A site shall be disqualified if, based on the expected nature and rates of fault movement or other ground motion, it is likely that engineering measures that are beyond reasonably available technology will be required for exploratory-shaft construction or for repository construction, operation, or closure. | |||||
| 15:15:4.1.2.4.19.1.17.1 | 15 | Commerce and Foreign Trade | IX | D | 960 | PART 960—LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS | A | Subpart A—General | § 960.1 Purpose. | NOAA | (a) The regulations in this part implement the Secretary's authority to license the operation of private remote sensing space systems under the Land Remote Sensing Policy Act of 1992, as amended, codified at 51 U.S.C. 60101 et seq., and are intended to promote continued U.S. private sector innovation and leadership in the global remote sensing industry. (b) In carrying out this part, the Secretary takes into account the following considerations: (1) Technological changes in remote sensing; (2) Non-technological changes in the remote sensing space industry, such as to business models and practices; (3) The relative burden to licensees and benefits to national security and international policies of license conditions; (4) Changes in the methods to mitigate risks to national security and international policies; (5) International obligations of the United States; (6) The availability of data from sources in other nations; (7) The remote sensing regulatory environment in other nations; and (8) The potential for overlapping regulatory burdens imposed by other U.S. Government agencies. | ||||
| 15:15:4.1.2.4.19.1.17.2 | 15 | Commerce and Foreign Trade | IX | D | 960 | PART 960—LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS | A | Subpart A—General | § 960.2 Jurisdiction. | NOAA | (a) The regulations in this part set forth the requirements for the operation of private remote sensing space systems within the United States or by a U.S. person. (b) Instruments used primarily for mission assurance or other technical purposes, including but not limited to navigation, attitude control, monitoring spacecraft health, separation events, or payload deployments, such as traditional star trackers, sun sensors, and horizon sensors, shall not be subject to this part. (c) In the case of a system that is used for remote sensing and other purposes, as determined by the Secretary, the scope of the license issued under this part will not extend to the operation of instruments that do not support remote sensing. (d) The Secretary does not authorize the use of spectrum for radio communications by a private remote sensing space system. | ||||
| 15:15:4.1.2.4.19.1.17.3 | 15 | Commerce and Foreign Trade | IX | D | 960 | PART 960—LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS | A | Subpart A—General | § 960.3 Applicability to existing licenses. | NOAA | (a) After reviewing each license existing prior to July 20, 2020, on July 20, 2020, the Secretary will either: (1) Replace the existing license with one developed in accordance with this part, retaining any applicable waivers and modifications; or (2) If the Secretary determines that an existing licensee no longer requires a license under this part the Secretary will notify the existing licensee that the license is terminated. (b) The replacement license or termination determination will be effective 30 days after delivery by the Secretary to existing licensees. Existing licensees who object to their existing license being replaced or terminated must notify the Secretary in writing within those 30 days, and specify their objection in the notification. | ||||
| 15:15:4.1.2.4.19.1.17.4 | 15 | Commerce and Foreign Trade | IX | D | 960 | PART 960—LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS | A | Subpart A—General | § 960.4 Definitions. | NOAA | For purposes of this part, the following terms have the following meanings: Act means the Land Remote Sensing Policy Act of 1992, as amended, codified at 51 U.S.C. 60101, et seq. Anomaly means an unexpected event or abnormal characteristic affecting the operations of a system that could indicate a significant technical malfunction or security threat. Anomalies include any significant deviation from the orbit and data collection characteristics of the system. Appellant means a person to whom the Secretary has certified an appeal request. Applicant means a person who submits an application to operate a private remote sensing space system. Application means a document submitted by a person to the Secretary that contains all the information described in appendix A of this part. Available means readily and consistently obtainable by an entity or individual other than the U.S. Government or a foreign government. Ground sample distance or GSD refers to the common measurement for describing the spatial resolution of unenhanced data created from most remote sensing instruments, typically measured in meters. A resolution “finer than” X meters GSD means the resolution is a number lower than X. For example, 5 meters GSD is finer than 10 meters GSD. In writing or written means written communication, physically or electronically signed (if applicable), transmitted via email, forms submitted on the Secretary's website, or traditional mail. License means a license granted by the Secretary under the Act. Licensee means a person to whom the Secretary has granted a license under the Act. Material fact means a fact an applicant provides in the application, or a fact in Parts C or D of a license. Memorandum of Understanding or MOU means the April 25, 2017 version of the “Memorandum of Understanding Among the Departments of Commerce, State, Defense, and Interior, and the Office of the Director of National Intelligence, Concerning the Licensing and Operations of Private Remote Sensing Satellite Systems,” … | ||||
| 15:15:4.1.2.4.19.2.17.1 | 15 | Commerce and Foreign Trade | IX | D | 960 | PART 960—LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS | B | Subpart B—License Application Submission and Categorization | § 960.5 Application submission. | NOAA | (a) Before submitting an application, a person may consult informally with the Secretary to discuss matters under this part, including whether a license is likely to be required for a system. (b) A person may submit an application for a license in accordance with the specific instructions found in appendix B of this part. The application must contain fully accurate and responsive information, as described in appendix A of this part. Responses an applicant provides to each prompt in the application constitute material facts. (c) Within seven days of the submission, the Secretary shall determine, after consultation with the Secretaries of Defense and State, whether the submission is a complete application meeting the requirements of appendix A of this part. If the submission is a complete application, the Secretary shall immediately notify the applicant in writing. If the submission is not a complete application, the Secretary shall inform the applicant in writing of what additional information or clarification is required to complete the application. (d) If any information the applicant submitted becomes inaccurate or incomplete at any time after submission to the Secretary but before license grant or denial, the applicant must contact the Secretary and submit correct and updated information as instructed by the Secretary. The Secretary will determine whether the change is significant. If the Secretary determines that the change is significant, the Secretary will notify the applicant within seven days of receipt of the correct and updated information that the revision constitutes a new application submission under paragraph (b) of this section, and that the previous application is deemed to have been withdrawn. (e) Upon request by the applicant, the Secretary shall provide an update on the status of their application review. | ||||
| 15:15:4.1.2.4.19.2.17.2 | 15 | Commerce and Foreign Trade | IX | D | 960 | PART 960—LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS | B | Subpart B—License Application Submission and Categorization | § 960.6 Application categorization. | NOAA | (a) Within seven days of the Secretary's notification to the applicant under § 960.5(c) that the application is complete, the Secretary shall determine, after consultation with the Secretaries of Defense and State as appropriate, the category for the system as follows: (1) If the application proposes a system with the capability to collect unenhanced data substantially the same as unenhanced data already available from entities or individuals not licensed under this part, such as foreign entities, the Secretary shall categorize the application as Tier 1; (2) If the application proposes a system with the capability to collect unenhanced data substantially the same as unenhanced data already available, but only from entities or individuals licensed under this part, the Secretary shall categorize the application as Tier 2; and (3) If the application proposes a system with the capability to collect unenhanced data not substantially the same as unenhanced data already available from any domestic or foreign entity or individual, the Secretary shall categorize the application as Tier 3. (b) If the Secretary of Defense or State disagrees with the Secretary's determination in paragraph (a) of this section, the Secretary of Defense or State may notify the Secretary and request the Secretary's reconsideration. Such a request for reconsideration may not be delegated below the Assistant Secretary level. If the Secretary of Defense or State disagrees with the Secretary's reconsideration decision, the Secretary of Defense or State may appeal that tier categorization pursuant to the interagency dispute resolution procedures in Section IV(B) of the MOU, but only at the Advisory Committee on Private Remote Sensing Space Systems level or higher. The Secretary shall categorize the system in accordance with the decision resulting from such MOU procedures. (c) The system shall remain in the tier assigned to it under paragraph (a) in this section until such time as the Secretary determines, after consultation with the Secretaries … | ||||
| 15:15:4.1.2.4.19.3.17.1 | 15 | Commerce and Foreign Trade | IX | D | 960 | PART 960—LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS | C | Subpart C—Application Review and License Conditions | § 960.7 License grant or denial. | NOAA | (a) Based on the Secretary's review of the application, the Secretary must determine whether the applicant will comply with the requirements of the Act, this part, and the license. The Secretary will presume that the applicant will comply, unless the Secretary has specific, credible evidence to the contrary. If the Secretary determines that the applicant will comply, the Secretary shall grant the license. (b) The Secretary shall make the determination in paragraph (a) of this section within 60 days of the notification under § 960.5(c), and shall notify the applicant in writing whether the license is granted or denied. (c) If the Secretary has not notified the applicant whether the license is granted or denied within 60 days, the applicant may submit a request that the license be granted. Within three days of this request, the Secretary shall grant the license, unless the Secretary determines with specific, credible evidence that the applicant will not comply with the requirements of the Act, this part, or the license, in which case the Secretary will deny the license, or the Secretary and the applicant mutually agree to extend this review period. | ||||
| 15:15:4.1.2.4.19.3.17.2 | 15 | Commerce and Foreign Trade | IX | D | 960 | PART 960—LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS | C | Subpart C—Application Review and License Conditions | § 960.8 Standard license conditions for all tiers. | NOAA | All licenses granted under this part shall specify that the licensee shall: (a) Comply with the Act, this part, the license, applicable domestic legal obligations, and the international obligations of the United States; (b) Operate the system in such manner as to preserve the national security of the United States and to observe international obligations and policies, as articulated in the other conditions included in this license; (c) Upon request, offer to the government of any country (including the United States) unenhanced data collected by the system concerning the territory under the jurisdiction of such government without delay and on reasonable terms and conditions, unless doing so would be prohibited by law or license conditions; (d) Upon termination of operations under the license, make disposition of any satellites in space in a manner satisfactory to the President; (e) Notify the Secretary in writing of each of the following events, no later than seven days after the event: (1) The launch and deployment of each system component, to include confirmation that the component matches the orbital parameters and data collection characteristics of the system, as described in Part D of the license; (2) Each disposal of an on-orbit component of the system; (3) The detection of an anomaly; and (4) The licensee's financial insolvency or dissolution; (f) Request and receive approval for a license modification before taking any action that would change a material fact in the license; (g) Certify that all material facts in the license remain accurate pursuant to the procedures in § 960.14 no later than October 15th of each year; (h) Cooperate with compliance, monitoring, and enforcement authorities described in the Act and this part, and permit the Secretary to access, at all reasonable times and with no shorter notice than 48 hours, any component of the system for the purpose of ensuring compliance with the Act, this part, and the license; and (i) Refrain from disseminating unenhanced data, or process… | ||||
| 15:15:4.1.2.4.19.3.17.3 | 15 | Commerce and Foreign Trade | IX | D | 960 | PART 960—LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS | C | Subpart C—Application Review and License Conditions | § 960.9 Additional standard license conditions for Tier 2 systems. | NOAA | If the Secretary has categorized the system as Tier 2 under § 960.6, the license shall specify that the licensee shall comply with the conditions listed in § 960.8 and further shall comply with the following conditions until the Secretary notifies the licensee that the system belongs in a lower-numbered tier: (a) Comply with limited-operations directives issued by the Secretary, in accordance with a determination made by the Secretary of Defense or the Secretary of State pursuant to the procedures in Section IV(D) of the MOU, that require licensees to temporarily limit data collection and/or dissemination during periods of increased concerns for national security and where necessary to meet international obligation or foreign policy interests; and: (1) Be able to comply with limited-operations directives at all times. This includes: (i) The ability to implement National Institute of Standards and Technology-approved encryption, in accordance with the manufacturer's security policy, wherein the key length is at least 256 bits, for communications to and from the on-orbit components of the system related to tracking, telemetry, and control and for transmissions throughout the system of the data specified in the limited-operations directive; and (ii) Implementing measures, consistent with industry best practice for entities of similar size and business operations, that prevent unauthorized access to the system and identify any unauthorized access in the event of a limited-operations directive; (2) Provide and continually update the Secretary with a point of contact and an alternate point of contact for limited-operations directives; and (3) During any such limited-operations directive, permit the Secretary to immediately access any component of the system for the purpose of ensuring compliance with the limited-operations directive, the Act, this part, and the license. (b) Conduct resolved imaging of other artificial resident space objects (ARSO) orbiting the Earth only with the written consent of the registere… | ||||
| 15:15:4.1.2.4.19.3.17.4 | 15 | Commerce and Foreign Trade | IX | D | 960 | PART 960—LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS | C | Subpart C—Application Review and License Conditions | § 960.10 Additional standard and temporary license conditions for Tier 3 systems. | NOAA | (a) If the Secretary has categorized the system as Tier 3 under § 960.6, the license shall specify that the licensee shall comply with the conditions listed in § 960.8 and further shall comply with the following conditions until the Secretary notifies the licensee that the system belongs in a lower-numbered tier for which the following conditions are not required: (1) Comply with limited-operations directives issued by the Secretary, in accordance with a determination made by the Secretary of Defense or the Secretary of State pursuant to the procedures in Section IV(D) of the MOU, that require licensees to temporarily limit data collection and/or dissemination during periods of increased concerns for national security and where necessary to meet international obligations or foreign policy interests; and: (i) Be able to comply with limited-operations directives at all times. This includes: (A) The ability to implement National Institute of Standards and Technology-approved encryption, in accordance with the manufacturer's security policy, wherein the key length is at least 256 bits, for communications to and from the on-orbit components of the system related to tracking, telemetry, and control and for transmissions throughout the system of the data specified in the limited-operations directive; and (B) Implementing measures, consistent with industry best practice for entities of similar size and business operations, that prevent unauthorized access to the system and identify any unauthorized access in the event of a limited-operations directive; (ii) Provide and continually update the Secretary with a point of contact and an alternate point of contact for limited-operations directives; and (iii) During any such limited-operations directive, permit the Secretary to immediately access any component of the system for the purpose of ensuring compliance with the limited-operations directive, the Act, this part, and the license. (2) Conduct resolved imaging of other artificial resident space objects (ARSO) orbiti… | ||||
| 15:15:4.1.2.4.19.3.17.5 | 15 | Commerce and Foreign Trade | IX | D | 960 | PART 960—LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS | C | Subpart C—Application Review and License Conditions | § 960.11 No additional conditions. | NOAA | No other conditions shall be included in a license granted under this part, or imposed in such a license after the license has been issued, except in accordance with the provisions of § 960.13 or § 960.17. | ||||
| 15:15:4.1.2.4.19.3.17.6 | 15 | Commerce and Foreign Trade | IX | D | 960 | PART 960—LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS | C | Subpart C—Application Review and License Conditions | § 960.12 Applicant-requested waiver before license issuance. | NOAA | As part of the application, the applicant may request that any condition listed in § 960.8, § 960.9, or § 960.10 be waived or adjusted. The Secretary may approve the request to waive or adjust any such condition if the Secretary determines, after consultation with the Secretaries of Defense and State as appropriate, that the Secretary may waive or adjust the condition without violating the Act or other law, and: (a) The requirement is not applicable due to the nature of the applicant or the proposed system; (b) The applicant will achieve the goal in a different way; or (c) There is other good cause to waive or adjust the condition. | ||||
| 15:15:4.1.2.4.19.3.17.7 | 15 | Commerce and Foreign Trade | IX | D | 960 | PART 960—LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS | C | Subpart C—Application Review and License Conditions | § 960.13 Licensee-requested modification after license issuance. | NOAA | (a) The licensee may request in writing that the Secretary modify the license after the license is issued. Such requests should include the reason for the request and relevant supporting documentation. (b) If the Secretary determines that the requested modification of a license would result in its re-categorization from Tier 1 to Tier 2 under § 960.6, the Secretary shall notify the licensee that approval would require issuance of the conditions in § 960.9, and provide the licensee an opportunity to withdraw or revise the request. (c) If the Secretary determines that the requested modification of a license would result in its re-categorization from Tier 1 or 2 to Tier 3 under § 960.6, the Secretary shall consult with the Secretaries of Defense or State, as appropriate, to determine whether approval of the request would require additional temporary conditions in accordance with the procedures in § 960.10. If so, the Secretary shall notify the licensee that approval would require such additional temporary conditions, and provide the licensee an opportunity to withdraw or revise the request. (d) The Secretary shall approve or deny a modification request after consultation with the Secretaries of Defense and State as appropriate, and shall inform the licensee of the approval or denial within 60 days of the request, unless the Secretary and the applicant mutually agree to extend this review period. | ||||
| 15:15:4.1.2.4.19.3.17.8 | 15 | Commerce and Foreign Trade | IX | D | 960 | PART 960—LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS | C | Subpart C—Application Review and License Conditions | § 960.14 Routine compliance and monitoring. | NOAA | (a) Annually, by the date specified in the license, the licensee will certify in writing to the Secretary that each material fact in the license remains accurate. (b) If any material fact in the license is no longer accurate at the time the certification is due, the licensee must: (1) Provide all accurate material facts; (2) Explain the reason for any discrepancies between the terms in the license and the accurate material fact; and (3) Seek guidance from the Secretary on how to correct any errors, which may include requesting a license modification. | ||||
| 15:15:4.1.2.4.19.3.17.9 | 15 | Commerce and Foreign Trade | IX | D | 960 | PART 960—LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS | C | Subpart C—Application Review and License Conditions | § 960.15 Term of license. | NOAA | (a) The license term begins when the Secretary transmits the signed license to the licensee, regardless of the operational status of the system. (b) The license is valid until the Secretary confirms in writing that the license is terminated, because the Secretary has determined that one of the following has occurred: (1) The licensee has successfully disposed of, or has taken all actions necessary to successfully dispose of, all on-orbit components of the system, and is in compliance with all other requirements of the Act, this part, and the license; (2) The licensee never had system components on orbit and has requested to end the license term; (3) The license is terminated pursuant to § 960.17; or (4) The licensee has executed one of the following transfers, subsequent to the Secretary's approval of such transfer: (i) Ownership of the system, or the operations thereof, to an agency or instrumentality of the U.S. Government; or (ii) Operations to a person who is not a U.S. person and who will not operate the system from the United States. | ||||
| 15:15:4.1.2.4.19.4.17.1 | 15 | Commerce and Foreign Trade | IX | D | 960 | PART 960—LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS | D | Subpart D—Prohibitions and Enforcement | § 960.16 Prohibitions. | NOAA | Any person who operates a system from the United States and any person who is a U.S. person shall not, directly or through a subsidiary or affiliate: (a) Operate a system without a current, valid license for that system; (b) Violate the Act, this part, or any license condition; (c) Submit false information, interfere with, mislead, obstruct, or otherwise frustrate the Secretary's actions and responsibilities under this part in any form at any time, including in the application, during application review, during the license term, in any compliance and monitoring activities, or in enforcement activities; or (d) Fail to obtain approval for a license modification before taking any action that would change a material fact in the license. | ||||
| 15:15:4.1.2.4.19.4.17.2 | 15 | Commerce and Foreign Trade | IX | D | 960 | PART 960—LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS | D | Subpart D—Prohibitions and Enforcement | § 960.17 Investigations and enforcement. | NOAA | (a) The Secretary may investigate, provide penalties for noncompliance, and prevent future noncompliance, by using the authorities specified at 51 U.S.C. 60123(a). (b) When the Secretary undertakes administrative enforcement proceedings as authorized by 51 U.S.C. 60123(a)(3) and (4), the parties will follow the procedures provided at 15 CFR part 904. | ||||
| 15:15:4.1.2.4.19.5.17.1 | 15 | Commerce and Foreign Trade | IX | D | 960 | PART 960—LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS | E | Subpart E—Appeals Regarding Licensing Decisions | § 960.18 Grounds for adjudication by the Secretary. | NOAA | (a) In accordance with the procedures in this subpart, a person may appeal the following adverse actions for adjudication by the Secretary: (1) The denial of a license; (2) The categorization of a system in a tier; (3) The failure to make a final determination on a license grant or denial or a licensee's modification request within the timelines provided in this part; (4) The imposition of a license condition; (5) The denial of a licensee-requested license modification; and (6) The replacement of an existing license with a license granted under § 960.3(a)(1) or termination of an existing license under § 960.3(a)(2). (b) The only acceptable grounds for appeal of the actions in paragraph (a) of this section are as follows: (1) The Secretary's action was arbitrary, capricious, or contrary to law; or (2) The action was based on a clear factual error. (c) No appeal is allowed to the extent that there is involved the conduct of military or foreign affairs functions. | ||||
| 15:15:4.1.2.4.19.5.17.2 | 15 | Commerce and Foreign Trade | IX | D | 960 | PART 960—LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS | E | Subpart E—Appeals Regarding Licensing Decisions | § 960.19 Administrative appeal procedures. | NOAA | (a) A person wishing to appeal an action specified at § 960.18(a) may do so within 21 days of the action by submitting a written request to the Secretary. (b) The request must include a detailed explanation of the reasons for the appeal, citing one of the grounds specified in § 960.18(b). (c) Upon receipt of a request under paragraph (a) of this section, the Secretary shall review the request to certify that it meets the requirements of this subpart and chapter 7 of title 5 of the United States Code. If it does, the Secretary shall coordinate with the appellant to schedule a hearing before a hearing officer designated by the Secretary. If the Secretary does not certify the request, the Secretary shall notify the person in writing that no appeal is allowed, and this notification shall constitute a final agency action. (d) The hearing shall be held in a timely manner. It shall provide the appellant and the Secretary an opportunity to present evidence and arguments. (e) Hearings may be closed to the public, and other actions taken as the Secretary deems necessary, to prevent the disclosure of any information required by law to be protected from disclosure. (f) At the close of the hearing, the hearing officer shall recommend a decision to the Secretary addressing all factual and legal arguments. (g) Based on the record of the hearing and the recommendation of the hearing officer, and after consultation, as appropriate, with the Secretaries of Defense and State in decisions implicating national security and international obligations and policy, respectively, the Secretary shall make a decision adopting, rejecting, or modifying the recommendation of the hearing officer. This decision constitutes a final agency action, and is subject to judicial review under chapter 7 of title 5 of the United States Code. | ||||
| 24:24:4.1.3.1.11.1.5.1 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | A | Subpart A—Applicability, Definitions, Equal Opportunity Requirements | § 960.101 Applicability. | HUD | This part is applicable to public housing. | |||||
| 24:24:4.1.3.1.11.1.5.2 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | A | Subpart A—Applicability, Definitions, Equal Opportunity Requirements | § 960.102 Definitions. | HUD | [65 FR 16724, Mar. 29, 2000, as amended at 66 FR 28799, May 24, 2001; 81 FR 12372, Mar. 8, 2016; 81 FR 80815, Nov. 16, 2016; 88 FR 9669, Feb. 14, 2023] | (a) Definitions found elsewhere: (1) General definitions. The following terms are defined in 24 CFR part 5, subpart A: 1937 Act, drug, drug-related criminal activity, elderly person, federally assisted housing, guest, household, HUD, MSA, premises, public housing, public housing agency (PHA), Section 8, violent criminal activity. (2) Definitions under the 1937 Act. The following terms are defined in 24 CFR part 5, subpart D: annual contributions contract (ACC), applicant, elderly family, family, person with disabilities. (3) Definitions and explanations concerning income and rent. The following terms are defined or explained in 24 CFR part 5, subpart F (§ 5.603): Annual income, economic self-sufficiency program, extremely low-income family, low-income family, tenant rent, total tenant payment, utility allowance. (b) Additional definitions. In addition to the definitions in paragraph (a), the following definitions and cross-references apply: Alternative non-public housing rent. A monthly rent equal to the greater of— (i) The applicable fair market rent, as defined in 24 CFR part 888, subpart A, for the unit; or (ii) The amount of the monthly subsidy provided for the unit, which will be determined by adding the per unit assistance provided to a public housing property as calculated through the applicable formulas for the Public Housing Capital Fund and Public Housing Operating Fund. (A) For the Public Housing Capital Fund, the amount of Capital Funds provided to the unit will be calculated as the per unit Capital Fund assistance provided to a PHA for the development in which the family resides for the most recent funding year for which Capital Funds have been allocated; (B) For the Public Housing Operating Fund, the amount of Operating Funds provided to the unit will be calculated as the per unit amount provided to the public housing project where the unit is located for the most recent funding year for which a final funding obligation determination has been made; (C) HUD will publish such fundin… | ||||
| 24:24:4.1.3.1.11.1.5.3 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | A | Subpart A—Applicability, Definitions, Equal Opportunity Requirements | § 960.103 Equal opportunity requirements and protection for victims of domestic violence, dating violence, sexual assault, or stalking. | HUD | [65 FR 16724, Mar. 29, 2000, as amended at 73 FR 72344, Nov. 28, 2008; 75 FR 66262, Oct. 27, 2010; 81 FR 80815, Nov. 16, 2016] | (a) Applicable requirements. The PHA must administer its public housing program in accordance with all applicable equal opportunity requirements imposed by contract or federal law, including the authorities cited in § 5.105(a) of this title. (b) PHA duty to affirmatively further fair housing. The PHA must affirmatively further fair housing in the administration of its public housing program. (c) Equal opportunity certification. The PHA must submit signed equal opportunity certifications to HUD in accordance with § 903.7(o) of this title, including certification that the PHA will affirmatively further fair housing. (d) Protection for victims of domestic violence, dating violence, sexual assault, or stalking. The PHA must apply the requirements in 24 CFR part 5, subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking). | ||||
| 24:24:4.1.3.1.11.2.5.1 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | B | Subpart B—Admission | § 960.200 Purpose. | HUD | [66 FR 28799, May 24, 2001, as amended at 73 FR 72344, Nov. 28, 2008; 75 FR 66262, Oct. 27, 2010; 81 FR 80815, Nov. 16, 2016] | (a) This subpart states HUD eligibility and selection requirements for admission to public housing. (b) See also related HUD regulations in this title concerning these subjects: (1) 1937 Act definitions: part 5, subpart D; (2) Restrictions on assistance to noncitizens: part 5, subpart E; (3) Family income and family payment: part 5, subpart F; (4) Public housing agency plans: part 903; (5) Rent and reexamination: part 960, subpart C; (6) Mixed population developments: part 960, subpart D; (7) Occupancy by over-income families or police officers: part 960, subpart E. (8) Protection for victims of domestic violence, dating violence, sexual assault, or stalking, 24 CFR part 5, subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking). | ||||
| 24:24:4.1.3.1.11.2.5.2 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | B | Subpart B—Admission | § 960.201 Eligibility. | HUD | [66 FR 28799, May 24, 2001, as amended at 88 FR 9670, Feb. 14, 2023] | (a) Who is eligible? (1) Basic eligibility. An applicant must meet all eligibility requirements in order to receive housing assistance. At a minimum, the applicant must be a family, as defined in § 5.403 of this title, must be income-eligible, as described in this section, and must meet the net asset and property ownership restriction requirements in § 5.618 of this title. Such eligible applicants include single persons. (2) Low income limit. No family other than a low income family is eligible for admission to a PHA's public housing program. (b) Income used for eligibility and targeting. Family annual income (see § 5.609) is used both for determination of income eligibility under paragraph (a) and for PHA income targeting under § 960.202 (c) Reporting. The PHA must comply with HUD-prescribed reporting requirements that will permit HUD to maintain the data, as determined by HUD, necessary to monitor compliance with income eligibility and targeting requirement. | ||||
| 24:24:4.1.3.1.11.2.5.3 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | B | Subpart B—Admission | § 960.202 Tenant selection policies. | HUD | [66 FR 28799, May 24, 2001, as amended at 89 FR 38293, May 7, 2024] | (a) Selection policies, generally. (1) The PHA shall establish and adopt written policies for admission of tenants. (2) These policies shall provide for and include the following: (i) Targeting admissions to extremely low income families as provided in paragraph (b) of this section. (ii) Deconcentration of poverty and income-mixing in accordance with the PHA Plan regulations (see 24 CFR part 903). (iii) Precluding admission of applicants whose habits and practices reasonably may be expected to have a detrimental effect on the residents or the project environment; (iv) Objective and reasonable policies for selection by the PHA among otherwise eligible applicants, including requirements for applications and waiting lists (see 24 CFR 1.4), and for verification and documentation of information relevant to acceptance or rejection of an applicant, including documentation and verification of citizenship and eligible immigration status under 24 CFR part 5; and (v) Policies of participant transfer between units, developments, and programs. For example, a PHA could adopt a criterion for voluntary transfer that the tenant had met all obligations under the current program, including payment of charges to the PHA. (b) Targeting admissions to extremely low income families —(1) Targeting requirement. (i) Not less than 40 percent of the families admitted to a PHA's public housing program during the PHA fiscal year from the PHA waiting list shall be extremely low income families. This is called the “basic targeting requirement.” (ii) To the extent provided in paragraph (b)(2) of this section, admission of extremely low income families to the PHA's Section 8 voucher program during the same PHA fiscal year is credited against the basic targeting requirement. (iii) A PHA must comply with both the targeting requirement found in this part and the deconcentration requirements found in part 903 of this chapter. (2) Credit for admissions to PHA voucher program. (i) If admissions of extremely low income families to the PH… | ||||
| 24:24:4.1.3.1.11.2.5.4 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | B | Subpart B—Admission | § 960.203 Standards for PHA tenant selection criteria. | HUD | [66 FR 28799, May 24, 2001, as amended at 73 FR 72344, Nov. 28, 2008; 75 FR 66262, Oct. 27, 2010; 81 FR 80815, Nov. 16, 2016] | (a) The tenant selection criteria to be established and information to be considered shall be reasonably related to individual attributes and behavior of an applicant and shall not be related to those which may be imputed to a particular group or category of persons of which an applicant may be a member. The PHA may use local preferences, as provided in § 960.206. (b) Under the Public Housing Assessment System (PHAS), PHAs that have adopted policies, implemented procedures and can document that they successfully screen out and deny admission to certain applicants with unfavorable criminal histories receive points. (See 24 CFR 902.43(a)(5).) This policy takes into account the importance of screening to public housing communities and program integrity, and the demand for assisted housing by families who will adhere to lease responsibilities. (c) In selection of families for admission to its public housing program, or to occupy a public housing development or unit, the PHA is responsible for screening family behavior and suitability for tenancy. The PHA may consider all relevant information, which may include, but is not limited to: (1) An applicant's past performance in meeting financial obligations, especially rent; (2) A record of disturbance of neighbors, destruction of property, or living or housekeeping habits at prior residences which may adversely affect the health, safety or welfare of other tenants; and (3) A history of criminal activity involving crimes of physical violence to persons or property and other criminal acts which would adversely affect the health, safety or welfare of other tenants. (See § 960.204.) With respect to criminal activity described in § 960.204: (i) The PHA may require an applicant to exclude a household member in order to be admitted to the housing program where that household member has participated in or been culpable for actions described in § 960.204 that warrants denial. (ii) The PHA may, where a statute requires that the PHA prohibit admission for a prescribed period … | ||||
| 24:24:4.1.3.1.11.2.5.5 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | B | Subpart B—Admission | § 960.204 Denial of admission for criminal activity or drug abuse by household members. | HUD | (a) Required denial of admission —(1) Persons evicted for drug-related criminal activity. The PHA standards must prohibit admission of an applicant to the PHA's public housing program for three years from the date of the eviction if any household member has been evicted from federally assisted housing for drug-related criminal activity. However, the PHA may admit the household if the PHA determines: (i) The evicted household member who engaged in drug-related criminal activity has successfully completed a supervised drug rehabilitation program approved by the PHA; or (ii) The circumstances leading to the eviction no longer exist (for example, the criminal household member has died or is imprisoned). (2) Persons engaging in illegal use of a drug. The PHA must establish standards that prohibit admission of a household to the PHA's public housing program if: (i) The PHA determines that any household member is currently engaging in illegal use of a drug (For purposes of this section, a household member is “currently engaged in” the criminal activity if the person has engaged in the behavior recently enough to justify a reasonable belief that the behavior is current); or (ii) The PHA determines that it has reasonable cause to believe that a household member's illegal use or pattern of illegal use of a drug may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents. (3) Persons convicted of methamphetamine production. The PHA must establish standards that permanently prohibit admission to the PHA's public housing program if any household member has ever been convicted of drug-related criminal activity for manufacture or production of methamphetamine on the premises of federally assisted housing. (4) Persons subject to sex offender registration requirement. The PHA must establish standards that prohibit admission to the PHA's public housing program if any member of the household is subject to a lifetime registration requirement under a State sex offender registrati… | |||||
| 24:24:4.1.3.1.11.2.5.6 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | B | Subpart B—Admission | § 960.205 Drug use by applicants: Obtaining information from drug treatment facility. | HUD | (a) Purpose. This section addresses a PHA's authority to request and obtain information from drug abuse treatment facilities concerning applicants. This section does not apply to information requested or obtained from drug abuse treatment facilities other than under the authority of section 6(t). (b) Additional terms used in this section are as follows: (1) Currently engaging in illegal use of a drug. Illegal use of a drug occurred recently enough to justify a reasonable belief that there is continuing illegal drug use by a household member. (2) Drug abuse treatment facility. An entity: (i) That holds itself out as providing, and provides, diagnosis, treatment, or referral for treatment with respect to the illegal drug use; and (ii) That is either an identified unit within a general care facility; or an entity other than a general medical care facility. (c) Authorization by household member for PHA to receive information from a drug abuse treatment facility. (1) The PHA may require each applicant to submit for all household members who are at least 18 years of age, and for each family head or spouse regardless of age, one or more consent forms signed by such household member that: (i) Requests any drug abuse treatment facility to inform the PHA only whether the drug abuse treatment facility has reasonable cause to believe that the household member is currently engaging in illegal drug use; (ii) Complies with the form of written consent required by 42 CFR 2.31; and (iii) Authorizes the PHA to receive such information from the drug abuse treatment facility, and to utilize such information in determining whether to prohibit admission of the household member to the PHA's public housing program in accordance with § 960.203. (See the Public Health Service Act, 42 U.S.C. 290dd-2, and implementing regulations at 42 CFR part 2, with respect to responsibilities of the drug abuse treatment facility.) (2) The consent form submitted for a proposed household member must expire automatically after the PHA ha… | |||||
| 24:24:4.1.3.1.11.2.5.7 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | B | Subpart B—Admission | § 960.206 Waiting list: Local preferences in admission to public housing program. | HUD | [66 FR 28799, May 24, 2001, as amended at 81 FR 80815, Nov. 16, 2016; 88 FR 9670, Feb. 14, 2023] | (a) Establishment of PHA local preferences. (1) The PHA may adopt a system of local preferences for selection of families admitted to the PHA's public housing program. The PHA system of selection preferences must be based on local housing needs and priorities as determined by the PHA. In determining such needs and priorities, the PHA shall use generally accepted data sources. Such sources include public comment on the PHA plan (as received pursuant to § 903.17 of this chapter), and on the consolidated plan for the relevant jurisdiction (as received pursuant to part 91 of this title). (2) The PHA may limit the number of applicants that qualify for any local preference. (3) PHA adoption and implementation of local preferences is subject to HUD requirements concerning income-targeting (§ 960.202(b)), deconcentration and income-mixing (§ 903.7), and selection preferences for developments designated exclusively for elderly or disabled families or for mixed population developments (§ 960.407). (4) The PHA must inform all applicants about available preferences and must give applicants an opportunity to show that they qualify for available preferences. (b) Particular local preferences —(1) Residency requirements or preferences. (i) Residency requirements are prohibited. Although a PHA is not prohibited from adopting a residency preference, the PHA may only adopt or implement residency preferences in accordance with non-discrimination and equal opportunity requirements listed at § 5.105(a) of this title. (ii) A residency preference is a preference for admission of persons who reside in a specified geographic area (“residency preference area”). A county or municipality may be used as a residency preference area. An area smaller than a county or municipality may not be used as a residency preference area. (iii) Any PHA residency preferences must be included in the statement of PHA policies that govern eligibility, selection and admission to the program, which is included in the PHA annual plan (or supporting docu… | ||||
| 24:24:4.1.3.1.11.2.5.8 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | B | Subpart B—Admission | § 960.208 Notification to applicants. | HUD | (a) The PHA must promptly notify any applicant determined to be ineligible for admission to a project of the basis for such determination, and must provide the applicant upon request, within a reasonable time after the determination is made, with an opportunity for an informal hearing on such determination. (b) When a determination has been made that an applicant is eligible and satisfies all requirements for admission, including the tenant selection criteria, the applicant must be notified of the approximate date of occupancy insofar as that date can be reasonably determined. | |||||
| 24:24:4.1.3.1.11.3.5.1 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | C | Subpart C—Rent and Reexamination | § 960.253 Choice of rent. | HUD | [65 FR 16726, Mar. 29, 2000, as amended at 80 FR 53712, Sept. 8, 2015; 81 FR 12372, Mar. 8, 2016; 88 FR 9670, Feb. 14, 2023] | (a) Rent options —(1) Annual choice by family. Once a year, the PHA must give each family the opportunity to choose between the two methods for determining the amount of tenant rent payable monthly by the family. The family may choose to pay as tenant rent either a flat rent as determined in accordance with paragraph (b) of this section, or an income-based rent as determined in accordance with paragraph (c) of this section. Except for financial hardship cases as provided in paragraph (d) of this section, the family may not be offered this choice more than once a year. (2) Relation to minimum rent. Regardless of whether the family chooses to pay a flat rent or income-based rent, the family must pay at least the minimum rent as determined in accordance with § 5.630 of this title. (3) Relation to non-public housing over-income families. Non-public housing over-income families must pay the alternative non-public housing rent, as applicable, as determined in accordance with § 960.102. (b) Flat rent . The flat rent is determined annually, based on the market rental value of the unit as determined by this paragraph (b). (1) The PHA must establish a flat rent for each public housing unit that is no less than 80 percent of the applicable Fair Market Rent (FMR) as determined under 24 CFR part 888, subpart A; or (2) HUD may permit a flat rent of no less than 80 percent of an applicable small area FMR (SAFMR) or unadjusted rent, if applicable, as determined by HUD, or any successor determination, that more accurately reflects local market conditions and is based on an applicable market area that is geographically smaller than the applicable market area used in paragraph (b)(1) of this section. If HUD has not determined an applicable SAFMR or unadjusted rent, the PHA must rely on the applicable FMR under paragraph (b)(1) or may apply for an exception flat rent under paragraph (b)(3). (3) The PHA may request, and HUD may approve, on a case-by-case basis, a flat rent that is lower than the amounts in paragraphs (b… | ||||
| 24:24:4.1.3.1.11.3.5.2 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | C | Subpart C—Rent and Reexamination | § 960.255 Self-sufficiency incentives—Disallowance of increase in annual income. | HUD | [65 FR 16726, Mar. 29, 2000, as amended at 81 FR 12373, Mar. 8, 2016; 88 FR 9670, Feb. 14, 2023] | (a) Definitions. The following definitions apply for purposes of this section. Baseline income. The annual income immediately prior to implementation of the disallowance described in paragraph (c)(1) of this section of a person who is a member of a qualified family. Disallowance. Exclusion from annual income. Previously unemployed includes a person who has earned, in the twelve months previous to employment, no more than would be received for 10 hours of work per week for 50 weeks at the established minimum wage. Qualified family. A family residing in public housing: (i) Whose annual income increases as a result of employment of a family member who was unemployed for one or more years previous to employment; (ii) Whose annual income increases as a result of increased earnings by a family member during participation in any economic self-sufficiency or other job training program; or (iii) Whose annual income increases, as a result of new employment or increased earnings of a family member, during or within six months after receiving assistance, benefits or services under any state program for temporary assistance for needy families funded under Part A of Title IV of the Social Security Act, as determined by the PHA in consultation with the local agencies administering temporary assistance for needy families (TANF) and Welfare-to-Work (WTW) programs. The TANF program is not limited to monthly income maintenance, but also includes such benefits and services as one-time payments, wage subsidies and transportation assistance—provided that the total amount over a six-month period is at least $500. (b) Disallowance of earned income —(1) Initial 12-month exclusion. During the 12-month period beginning on the date on which a member of a qualified family is first employed or the family first experiences an increase in annual income attributable to employment, the PHA must exclude from the annual income (as defined in § 5.609 of this title) of a qualified family any increase in the income of the family membe… | ||||
| 24:24:4.1.3.1.11.3.5.3 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | C | Subpart C—Rent and Reexamination | § 960.257 Family income and composition: Annual and interim reexaminations. | HUD | [65 FR 16726, Mar. 29, 2000, as amended at 81 FR 12373, Mar. 8, 2016; 82 FR 58340, Dec. 12, 2017; 85 FR 27139, May 7, 2020; 88 FR 9670, Feb. 14, 2023; 88 FR 9670, Feb. 14, 2023] | (a) When PHA is required to conduct reexamination. (1) For families who pay an income-based rent, the PHA must conduct a reexamination of family income and composition at least annually and must make appropriate adjustments in the rent after consultation with the family and upon verification of the information. (2) For families who choose flat rents, the PHA must conduct a reexamination of family composition at least annually, and must conduct a reexamination of family income at least once every three years in accordance with the procedures in § 960.253(f). (3) For all families who include nonexempt individuals, as defined in § 960.601, the PHA must determine compliance once each twelve months with community service and self-sufficiency requirements in subpart F of this part. (4) The PHA may use the results of these reexaminations to require the family to move to an appropriate size unit. (5) For all non-public housing over-income families, the PHA may not conduct an annual reexamination of family income. (b) Interim reexaminations. (1) A family may request an interim reexamination of family income or composition because of any changes since the last determination. The PHA must conduct any interim reexamination within a reasonable period of time after the family request or when the PHA becomes aware of an increase in family adjusted income under paragraph (3) of this section. What qualifies as a “reasonable time” may vary based on the amount of time it takes to verify information, but generally should not be longer than 30 days after changes in income are reported. (2) The PHA may decline to conduct an interim reexamination of family income if the PHA estimates the family's adjusted income will decrease by an amount that is less than ten percent of the family's annual adjusted income (or a lower amount established by HUD by notice), or a lower threshold established by the PHA. (3) The PHA must conduct an interim reexamination of family income when the PHA becomes aware that the family's adjusted income… | ||||
| 24:24:4.1.3.1.11.3.5.4 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | C | Subpart C—Rent and Reexamination | § 960.259 Family information and verification. | HUD | [65 FR 16726, Mar. 29, 2000, as amended at 81 FR 12373, Mar. 8, 2016; 88 FR 9671, Feb. 14, 2023] | (a) Family obligation to supply information. (1) The family must supply any information that the PHA or HUD determines is necessary in administration of the public housing program, including submission of required evidence of citizenship or eligible immigration status (as provided by part 5, subpart E of this title). “Information” includes any requested certification, release or other documentation. (2) The family must supply any information requested by the PHA or HUD for use in a regularly scheduled reexamination or an interim reexamination of family income and composition in accordance with HUD requirements. (3) For requirements concerning the following, see part 5, subpart B of this title: (i) Family verification and disclosure of social security numbers; (ii) Family execution and submission of consent forms for obtaining wage and claim information from State Wage Information Collection Agencies (SWICAs). (4) Any information supplied by the family must be true and complete. (b) Family release and consent. (1) As a condition of admission to or continued assistance under the program, the PHA shall require the family head, and such other family members as the PHA designates, to execute a consent form (including any release and consent as required under § 5.230 of this title) authorizing any depository or private source of income, or any Federal, State or local agency, to furnish or release to the PHA or HUD such information as the PHA or HUD determines to be necessary. (2) The use or disclosure of information obtained from a family or from another source pursuant to this release and consent shall be limited to purposes directly connected with administration of the program. (c) PHA responsibility for reexamination and verification. (1) Except as provided in paragraph (c)(2) of this section, the PHA must obtain and document in the family file third-party verification of the following factors, or must document in the file why third-party verification was not available: (i) Reported family annual inco… | ||||
| 24:24:4.1.3.1.11.4.5.1 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | D | Subpart D—Preference for Elderly Families and Disabled Families in Mixed Population Projects | § 960.401 Purpose. | HUD | This subpart establishes a preference for elderly families and disabled families for admission to mixed population public housing projects, as defined in § 960.405. | |||||
| 24:24:4.1.3.1.11.4.5.2 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | D | Subpart D—Preference for Elderly Families and Disabled Families in Mixed Population Projects | § 960.403 Applicability. | HUD | (a) This subpart applies to all dwelling units in mixed population projects (as defined in § 960.405), or portions of mixed population projects, assisted under the U.S. Housing Act of 1937. These projects formerly were known as elderly projects. (b) This subpart does not apply to section 23 and section 10(c) leased housing projects or the section 23 Housing Assistance Payments Program where the owners enter into leases directly with the tenants, or to the Section 8 Housing Assistance Payments Program, the Low-Rent Housing Homeownership Opportunities Program (Turnkey III), the Mutual Help Homeownership Opportunities Program, or to Indian Housing Authorities. (For applicability to Indian Housing Authorities, see part 905 of this chapter.) Additionally, this subpart is not applicable to projects designated for elderly families or designated for disabled families in accordance with 24 CFR part 945. | |||||
| 24:24:4.1.3.1.11.4.5.3 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | D | Subpart D—Preference for Elderly Families and Disabled Families in Mixed Population Projects | § 960.407 Selection preference for mixed population developments. | HUD | [65 FR 16729, Mar. 29, 2000] | (a) The PHA must give preference to elderly families and disabled families equally in determining priority for admission to mixed population developments. The PHA may not establish a limit on the number of elderly families or disabled families who may be accepted for occupancy in a mixed population development. (b) In selecting elderly families and disabled families to occupy units in mixed population developments, the PHA must first offer units that have special accessibility features for persons with disabilities to families who include persons with disabilities who require the accessibility features of such units (see §§ 8.27 and 100.202 of this title). | ||||
| 24:24:4.1.3.1.11.5.5.1 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | E | § 960.503 Occupancy by over-income families. | HUD | A PHA that owns or operates fewer than two hundred fifty (250) public housing units, may lease a unit in a public housing development to an over-income family (a family whose annual income exceeds the limit for a low income family at the time of initial occupancy), in accordance with its PHA annual plan (or supporting documents), if all the following conditions are satisfied: (a) There are no eligible low income families on the PHA waiting list or applying for public housing assistance when the unit is leased to an over-income family; (b) The PHA has publicized availability of the unit for rental to eligible low income families, including publishing public notice of such availability in a newspaper of general circulation in the jurisdiction at least thirty days before offering the unit to an over-income family; (c) The over-income family rents the unit on a month-to-month basis for a rent that is not less than the PHA's cost to operate the unit; (d) The lease to the over-income family provides that the family agrees to vacate the unit when needed for rental to an eligible family; and (e) The PHA gives the over-income family at least thirty days notice to vacate the unit when the unit is needed for rental to an eligible family. | ||||||
| 24:24:4.1.3.1.11.5.5.2 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | E | § 960.505 Occupancy by police officers to provide security for public housing residents. | HUD | (a) Police officer. For purpose of this subpart E, “police officer” means a person determined by the PHA to be, during the period of residence of that person in public housing, employed on a full-time basis as a duly licensed professional police officer by a Federal, State or local government or by any agency of these governments. An officer of an accredited police force of a housing agency may qualify. (b) Occupancy in public housing. For the purpose of increasing security for residents of a public housing development, the PHA may allow police officers who would not otherwise be eligible for occupancy in public housing, to reside in a public housing dwelling unit. The PHA must include in the PHA annual plan or supporting documents the number and location of the units to be occupied by police officers, and the terms and conditions of their tenancies; and a statement that such occupancy is needed to increase security for public housing residents. | ||||||
| 24:24:4.1.3.1.11.5.5.3 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | E | § 960.507 Families exceeding the income limit. | HUD | [88 FR 9671, Feb. 14, 2023] | (a) In general. Families participating in the public housing program must not have incomes that exceed the over-income limit, as determined by paragraph (b) of this section, for more than 24 consecutive months. (1) This provision applies to all families in the public housing program, including FSS families and all families receiving EID. (i) Mixed families (as defined in § 5.504 of this title) who are non-public housing over-income families pay the alternative non-public housing rent (as defined in § 960.102), as applicable. (ii) All non-public housing over-income families are precluded from participating in a public housing resident council. (iii) Furthermore, non-public housing over-income families cannot participate in programs that are only for public housing or low-income families. (iv) PHAs cannot provide any Federal assistance, including a utility allowance, to non-public housing over-income families. (2) PHAs must implement the requirements of this section by amending all applicable admission and continued occupancy policies according to the provisions in 24 CFR part 903. All PHAs must have effective over-income policies, consistent with the requirements of this section, no later than June 14, 2023. (b) Determination of over-income limit. The over-income limit is determined by multiplying the applicable income limit for a very low-income family as defined in § 5.603(b) of this title, by a factor of 2.4. (c) Notifying over-income families. (1) If the PHA determines the family has exceeded the over-income limit pursuant to an income examination, the PHA must provide written notice to the family of the over-income determination no later than 30 days after the income examination. The notice must state that the family has exceeded the over-income limit and continuing to exceed the over-income limit for a total of 24 consecutive months will result in the PHA following its continued occupancy policy for over-income families in accordance with paragraph (d) of this section. Pursuant to 24 CFR part 9… | |||||
| 24:24:4.1.3.1.11.5.5.4 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | E | § 960.509 Lease requirements for non-public housing over-income families. | HUD | [88 FR 9671, Feb. 14, 2023; 88 FR 12560, Feb. 28, 2023] | (a) In general. If a family, when permitted by written PHA's continued occupancy policy, elects to remain in a public housing unit paying the alternative non-public housing rent, the PHA and each non-public housing over-income (NPHOI) family (referred to as the “tenant” in this section) must enter into a lease. The tenant and the PHA must execute the lease, as presented by the PHA pursuant to § 960.507(c)(3)(ii)(B) no later than 60 days after the notice provided pursuant to § 960.507(c)(3) or at the next lease renewal, whichever is sooner. If the tenant does not execute the lease within this time period, the PHA must terminate the tenancy of the tenant no more than 6 months after the notification under § 960.507(c)(3) in accordance with 960.507(d)(2). Notwithstanding, a PHA may permit, in accordance with its policies, an over-income family to execute the lease beyond this time period, but before termination of the tenancy, if the over-income family pays the PHA the total difference between the alternative non-public housing rent and their public housing rent dating back to the point in time that the over-income family was required to execute the lease. (b) Lease provisions. The non-public housing over-income lease must contain at a minimum the following provisions. (1) Parties, dwelling unit, and term. The lease must state: (i) The name of the PHA and names of the tenants. (ii) The unit rented (address, apartment number, and any other information needed to identify the dwelling unit). (iii) The term of the lease (lease term and renewal in accordance with paragraph (b)(2) of this section). (iv) A statement of the utilities, services, and equipment to be supplied by the PHA without additional cost, and the utilities and appliances to be paid for by the tenant. (v) The composition of the household as approved by the PHA (family members, foster children and adults, and any PHA-approved live-in aides). The family must promptly inform the PHA of the birth, adoption, or court-awarded custody of a child. The… | |||||
| 24:24:4.1.3.1.11.6.5.1 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | F | Subpart F—When Resident Must Perform Community Service Activities or Self-Sufficiency Work Activities | § 960.600 Implementation. | HUD | [88 FR 9675, Feb. 14, 2023] | PHAs and residents must comply with the requirements of this subpart beginning with PHA fiscal years that commence on or after October 1, 2000. Unless otherwise provided by § 903.11 of this chapter, Annual Plans submitted for those fiscal years are required to contain information regarding the PHA's compliance with the community service requirement, as described in § 903.7 of this chapter. Non-public housing over-income families are not required to comply with the requirements of this subpart. | ||||
| 24:24:4.1.3.1.11.6.5.2 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | F | Subpart F—When Resident Must Perform Community Service Activities or Self-Sufficiency Work Activities | § 960.601 Definitions. | HUD | [65 FR 16729, Mar. 29, 2000, as amended at 88 FR 9675, Feb. 14, 2023] | (a) Definitions found elsewhere —(1) General definitions. The following terms are defined in part 5, subpart A of this title: public housing, public housing agency (PHA). (2) Definitions concerning income and rent. The following terms are defined in part 5, subpart F of this title: economic self-sufficiency program, work activities. (b) Other definitions. In addition to the definitions in paragraph (a) of this section, the following definitions apply: Community service. The performance of voluntary work or duties that are a public benefit, and that serve to improve the quality of life, enhance resident self-sufficiency, or increase resident self-responsibility in the community. Community service is not employment and may not include political activities. Exempt individual. An adult who: (1) Is 62 years or older; (2)(i) Is a blind or disabled individual, as defined under Section 216(i)(1) or Section 1614 of the Social Security Act (42 U.S.C. 416(i)(1); 1382c), and who certifies that because of this disability she or he is unable to comply with the service provisions of this subpart, or (ii) Is a primary caretaker of such individual; (3) Is engaged in work activities; (4) Meets the requirements for being exempted from having to engage in a work activity under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq. ) or under any other welfare program of the State in which the PHA is located, including a State-administered welfare-to-work program; (5) Is a member of a family receiving assistance, benefits or services under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq. ) or under any other welfare program of the State in which the PHA is located, including a State-administered welfare-to-work program, and has not been found by the State or other administering entity to be in noncompliance with such a program; or (6) is a member of a non-public housing over-income family. Service requirement. The … | ||||
| 24:24:4.1.3.1.11.6.5.3 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | F | Subpart F—When Resident Must Perform Community Service Activities or Self-Sufficiency Work Activities | § 960.603 General requirements. | HUD | (a) Service requirement. Except for any family member who is an exempt individual, each adult resident of public housing must: (1) Contribute 8 hours per month of community service (not including political activities); or (2) Participate in an economic self-sufficiency program for 8 hours per month; or (3) Perform 8 hours per month of combined activities as described in paragraphs (a)(1) and (a)(2) of this section. (b) Family violation of service requirement. The lease shall specify that it shall be renewed automatically for all purposes, unless the family fails to comply with the service requirement. Violation of the service requirement is grounds for nonrenewal of the lease at the end of the twelve month lease term, but not for termination of tenancy during the course of the twelve month lease term (see § 966.4(l)(2)(i) of this chapter). | |||||
| 24:24:4.1.3.1.11.6.5.4 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | F | Subpart F—When Resident Must Perform Community Service Activities or Self-Sufficiency Work Activities | § 960.605 How PHA administers service requirements. | HUD | [65 FR 16729, Mar. 29, 2000, as amended at 81 FR 12373, Mar. 8, 2016] | (a) PHA policy. Each PHA must develop a local policy for administration of the community service and economic self-sufficiency requirements for public housing residents. (b) Administration of qualifying community service or self-sufficiency activities for residents. The PHA may administer qualifying community service or economic self-sufficiency activities directly, or may make such activities available through a contractor, or through partnerships with qualified organizations, including resident organizations, and community agencies or institutions. (c) PHA responsibilities. (1) The PHA policy must describe how the PHA determines which family members are subject to or exempt from the service requirement, and the process for determining any changes to exempt or non-exempt status of family members. (2) The PHA must give the family a written description of the service requirement, and of the process for claiming status as an exempt person and for PHA verification of such status. The PHA must also notify the family of its determination identifying the family members who are subject to the service requirement, and the family members who are exempt persons. The PHA must also notify the family that it will be validating a sample of self-certifications of completion of the service requirement accepted by the PHA under § 960.607(a)(1)(ii). (3) The PHA must review family compliance with service requirements and must verify such compliance annually at least 30 days before the end of the 12-month lease term. If qualifying activities are administered by an organization other than the PHA, the PHA may obtain verification of family compliance from such third parties or may accept a signed certification from the family member that he or she has performed such qualifying activities. (4) The PHA must retain reasonable documentation of service requirement performance or exemption in a participant family's files. (5) The PHA must comply with non-discrimination and equal opportunity requirements listed at § 5.105(a) of t… | ||||
| 24:24:4.1.3.1.11.6.5.5 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | F | Subpart F—When Resident Must Perform Community Service Activities or Self-Sufficiency Work Activities | § 960.607 Assuring resident compliance. | HUD | [65 FR 16729, Mar. 29, 2000, as amended at 81 FR 12374, Mar. 8, 2016] | (a) Acceptable documentation demonstrating compliance. (1) If qualifying activities are administered by an organization other than the PHA, a family member who is required to fulfill a service requirement must provide one of the following: (i) A signed certification to the PHA by such other organization that the family member has performed such qualifying activities; or (ii) A signed self-certification to the PHA by the family member that he or she has performed such qualifying activities. (2) The signed self-certification must include the following: (i) A statement that the tenant contributed at least 8 hours per month of community service not including political activities within the community in which the adult resides; or participated in an economic self-sufficiency program (as that term is defined in 24 CFR 5.603(b)) for at least 8 hours per month; (ii) The name, address, and a contact person at the community service provider; or the name, address, and contact person for the economic self-sufficiency program; (iii) The date(s) during which the tenant completed the community service activity, or participated in the economic self-sufficiency program; (iv) A description of the activity completed; and (v) A certification that the tenant's statement is true. (3) If a PHA accepts self-certifications under paragraph (a)(1)(ii) of this section, the PHA must validate a sample of such self-certifications using third-party certification described in paragraph (a)(1)(i) of this section. (b) PHA notice of noncompliance. (1) If the PHA determines that there is a family member who is required to fulfill a service requirement, but who has violated this family obligation (noncompliant resident), the PHA must notify the tenant of this determination. (2) The PHA notice to the tenant must: (i) Briefly describe the noncompliance; (ii) State that the PHA will not renew the lease at the end of the twelve month lease term unless: (A) The tenant, and any other noncompliant resident, enter into a written agreement w… | ||||
| 24:24:4.1.3.1.11.6.5.6 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | F | Subpart F—When Resident Must Perform Community Service Activities or Self-Sufficiency Work Activities | § 960.609 Prohibition against replacement of PHA employees. | HUD | In implementing the service requirement under this subpart, the PHA may not substitute community service or self-sufficiency activities performed by residents for work ordinarily performed by PHA employees, or replace a job at any location where residents perform activities to satisfy the service requirement. | |||||
| 24:24:4.1.3.1.11.7.5.1 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | G | Subpart G—Pet Ownership in Public Housing | § 960.701 Purpose. | HUD | The purpose of this subpart is, in accordance with section 31 of the United States Housing Act of 1937 (42 U.S.C. 1437z-3), to permit pet ownership by residents of public housing, subject to compliance with reasonable requirements established by the public housing agency (PHA) for pet ownership. | |||||
| 24:24:4.1.3.1.11.7.5.2 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | G | Subpart G—Pet Ownership in Public Housing | § 960.703 Applicability. | HUD | This subpart applies to public housing as that term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)), except that such term does not include public housing developments for the elderly or persons with disabilities. Regulations that apply to pet ownership in such developments are located in part 5, subpart C, of this title. | |||||
| 24:24:4.1.3.1.11.7.5.3 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | G | Subpart G—Pet Ownership in Public Housing | § 960.705 Animals that assist, support, or provide service to persons with disabilities. | HUD | (a) This subpart G does not apply to animals that assist, support or provide service to persons with disabilities. PHAs may not apply or enforce any policies established under this subpart against animals that are necessary as a reasonable accommodation to assist, support or provide service to persons with disabilities. This exclusion applies to such animals that reside in public housing, as that term is used in § 960.703, and such animals that visit these developments. (b) Nothing in this subpart G: (1) Limits or impairs the rights of persons with disabilities; (2) Authorizes PHAs to limit or impair the rights of persons with disabilities; or (3) Affects any authority that PHAs may have to regulate service animals that assist, support or provide service to persons with disabilities, under Federal, State, or local law. |
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
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