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42 U.S.C. § 10193 — Benefits agreements
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) The Secretary may enter into a benefits agreement with the State of Nevada concerning a repository or with a State or an Indian tribe concerning a monitored retrievable storage facility for the acceptance of high-level radioactive waste or spent nuclear fuel in that State or on the reservation of that tribe, as appropriate.
(2) The State or Indian tribe may enter into such an agreement only if the State Attorney General or the appropriate governing authority of the Indian tribe or the Secretary of the Interior, in the absence of an appropriate governing authority, as appropriate, certifies to the satisfaction of the Secretary that the laws of the State or Indian tribe provide adequate authority for that entity to enter into the benefits agreement.
(3) Any benefits agreement with a State under this section shall be negotiated in consultation with affected units of local government in such State.
(4) Benefits and payments under this part may be made available only in accordance with a benefits agreement under this section.
**(b) Amendment** A benefits agreement entered into under subsection (a) may be amended only by the mutual consent of the parties to the agreement and terminated only in accordance with [section 10173c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10173c&num=0&edition=prelim).
**(c) Agreement with Nevada** The Secretary shall offer to enter into a benefits agreement with the Governor of Nevada. Any benefits agreement with a State under this subsection shall be negotiated in consultation with any affected units of local government in such State.
**(d) Monitored retrievable storage** The Secretary shall offer to enter into a benefits agreement relating to a monitored retrievable st
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Stable record: federal_law:legal_authorities:record_usc_11827dafa3a60ff47149c0c4
Source file: Laws/federal/codes/united-states-code/title-42/section-10193-benefits-agreements--3791c0638e.md
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Source location: Title 42, Chapter 108, § 10193; chapter-108-nuclear-waste-policy.md
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**(a) In general**
(1) The Secretary may enter into a benefits agreement with the State of Nevada concerning a repository or with a State or an Indian tribe concerning a monitored retrievable storage facility for the acceptance of high-level radioactive waste or spent nuclear fuel in that State or on the reservation of that tribe, as appropriate.
(2) The State or Indian tribe may enter into such an agreement only if the State Attorney General or the appropriate governing authority of the Indian tribe or the Secretary of the Interior, in the absence of an appropriate governing authority, as appropriate, certifies to the satisfaction of the Secretary that the laws of the State or Indian tribe provide adequate authority for that entity to enter into the benefits agreement.
(3) Any benefits agreement with a State under this section shall be negotiated in consultation with affected units of local government in such State.
(4) Benefits and payments under this part may be made available only in accordance with a benefits agreement under this section.
**(b) Amendment** A benefits agreement entered into under subsection (a) may be amended only by the mutual consent of the parties to the agreement and terminated only in accordance with [section 10173c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10173c&num=0&edition=prelim).
**(c) Agreement with Nevada** The Secretary shall offer to enter into a benefits agreement with the Governor of Nevada. Any benefits agreement with a State under this subsection shall be negotiated in consultation with any affected units of local government in such State.
**(d) Monitored retrievable storage** The Secretary shall offer to enter into a benefits agreement relating to a monitored retrievable storage facility with the governing body of the Indian tribe on whose reservation the site for such facility is located, or, if the site is not located on a reservation, with the Governor of the State in which the site is located and in consultation with affected units of local government in such State.
**(e) Limitation** Only one benefits agreement for a repository and only one benefits agreement for a monitored retrievable storage facility may be in effect at any one time.
**(f) Judicial review** Decisions of the Secretary under this section are not subject to judicial review.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The selection of a site under [section 10165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10165&num=0&edition=prelim) shall be effective at the end of the period of 60 calendar days beginning on the date of notification under such subsection,11 So in original. Probably should be “section,”. unless the governing body of the Indian tribe on whose reservation such site is located, or, if the site is not on a reservation, the Governor and the legislature of the State in which the site is located, has submitted to Congress a notice of disapproval with respect to such site. If any such notice of disapproval has been submitted under this subsection, the selection of the site under [section 10165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10165&num=0&edition=prelim) shall not be effective except as provided under [section 10135(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10135/c&num=0&edition=prelim).
**(b) References** For purposes of carrying out the provisions of this subsection,1 references in [section 10135(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10135/c&num=0&edition=prelim) to a repository shall be considered to refer to a monitored retrievable storage facility and references to a notice of disapproval of a repository site designation under section 10136(b) or 10138(a) of this title shall be considered to refer to a notice of disapproval under this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10173c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Not later than 30 months after the date on which the Secretary completes the identification of sites under [section 10193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10193&num=0&edition=prelim), the Secretary is authorized to complete sufficient evaluation of 3 sites to select a site for expanded siting research activities and for other activities under [section 10198 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10198&num=0&edition=prelim). The Secretary is authorized to conduct such preconstruction activities relative to such site selection for the test and evaluation facility as he deems appropriate. Additional sites for the location of the test and evaluation facility authorized in [section 10222(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10222/d&num=0&edition=prelim) may be evaluated after such 30-month period, following the same procedures as if such sites were to be evaluated within such period.
**(b) Public meetings and environmental assessment** Not later than 6 months after the date on which the Secretary completes the identification of sites under [section 10193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10193&num=0&edition=prelim), and before beginning siting research activities, the Secretary shall hold at least 1 public meeting in the vicinity of each site to inform the residents of the area of the activities to be conducted at such site and to receive their views.
**(c) Restrictions** Except as provided in [section 10198 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10198&num=0&edition=prelim) with resp
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10203
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Consultation and cooperation** The Governor of a State, or the governing body of an affected Indian tribe, notified of a site identification under [section 10193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10193&num=0&edition=prelim) shall have the right to participate in a process of consultation and cooperation as soon as the site involved has been identified pursuant to such section and throughout the life of the test and evaluation facility. For purposes of this section, the term “process of consultation and cooperation” means a methodology—
(1) by which the Secretary—
(A) keeps the Governor or governing body involved fully and currently informed about any potential economic or public health and safety impacts in all stages of the siting, development, construction, and operation of a test and evaluation facility;
(B) solicits, receives, and evaluates concerns and objections of such Governor or governing body with regard to such test and evaluation facility on an ongoing basis; and
(C) works diligently and cooperatively to resolve such concerns and objections; and
(2) by which the State or affected Indian tribe involved can exercise reasonable independent monitoring and testing of onsite activities related to all stages of the siting, development, construction and operation of the test and evaluation facility, except that any such monitoring and testing shall not unreasonably interfere with onsite activities.
**(b) Written agreements** The Secretary shall enter into written agreements with the Governor of the State in which an identified site is located or with the governing body of any affected Indian tribe where an identified site is located in order to expedite the consultation and cooperation proces
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10204
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Payments** Subject to subsection (b), the Secretary shall make payments to each State or affected Indian tribe that has entered into an agreement pursuant to [section 10195 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10195&num=0&edition=prelim). The Secretary shall pay an amount equal to 100 percent of the expenses incurred by such State or Indian tribe in engaging in any monitoring, testing, evaluation, or other consultation and cooperation activity under [section 10195 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10195&num=0&edition=prelim) with respect to any site. The amount paid by the Secretary under this paragraph shall not exceed $3,000,000 per year from the date on which the site involved was identified to the date on which the decontamination and decommission of the facility is complete pursuant to [section 10197(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10197/h&num=0&edition=prelim). Any such payment may only be made to a State in which a potential site for a test and evaluation facility has been identified under [section 10193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10193&num=0&edition=prelim), or to an affected Indian tribe where the potential site has been identified under such section.
**(b) Limitation** The Secretary shall make any payment to a State under subsection (a) only if such State agrees to provide, to each unit of general local government within the jurisdictional boundaries of which the potential site or effectively selected site involved is located, at least one-tenth of the payments made by the Secretary to such State under such subsection. A
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10224
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Federal law — U.S. Code and appendices · legal_authorities
Page 8010
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 10175
(14) other needs of the State and local gov-
ernments that would not have arisen but for
the characterization of the site and the con-
struction, operation, and eventual closure of
the repository facility.
(Pub. L. 97–425, title I, § 175, as added Pub. L.
100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101
Stat. 1329–104, 1329–121; Pub. L. 100–203, title V,
§ 5031, Dec. 22, 1987, 101 Stat. 1330–240.)
Editorial Notes
CODIFICATION
Pub. L. 100–202 and Pub. L. 100–203 added identical
sections.
PART H—TRANSPORTATION
§ 10175. Transportation
(a) Packaging
No spent nuclear fuel or high-level radioactive
waste may be transported by or for the Sec-
retary under part A or under part C except in
packages that have been certified for such pur-
pose by the Commission.
(b) Advance notification
The Secretary shall abide by regulations of
the Commission regarding advance notification
of State and local governments prior to trans-
portation of spent nuclear fuel or high-level ra-
dioactive waste under part A or under part C.
(c) Training for public safety officials
The Secretary shall provide technical assist-
ance and funds to States for training for public
safety officials of appropriate units of local gov-
ernment and Indian tribes through whose juris-
diction the Secretary plans to transport spent
nuclear fuel or high-level radioactive waste
under part A or under part C. Training shall
cover procedures required for safe routine trans-
portation of these materials, as well as proce-
dures for dealing with emergency response situ-
ations. The Waste Fund shall be the source of
funds for work carried out under this subsection.
(Pub. L. 97–425, title I, § 180, as added Pub. L.
100–202, § 101(d) [title
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10193
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.