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42 U.S.C. § 10261 — Duties of Negotiator
Federal law — U.S. Code and appendices · legal_authorities
**(a) Negotiations with potential hosts**
(1) The Negotiator shall—
(A) seek to enter into negotiations on behalf of the United States, with—
(i) the Governor of any State in which a potential site is located; and
(ii) the governing body of any Indian tribe on whose reservation a potential site is located; and
(B) attempt to reach a proposed agreement between the United States and any such State or Indian tribe specifying the terms and conditions under which such State or tribe would agree to host a repository or monitored retrievable storage facility within such State or reservation.
(2) In any case in which State law authorizes any person or entity other than the Governor to negotiate a proposed agreement under this section on behalf of the State, any reference in this subchapter to the Governor shall be considered to refer instead to such other person or entity.
**(b) Consultation with affected States, subdivisions of States, and tribes** In addition to entering into negotiations under subsection (a), the Negotiator shall consult with any State, affected unit of local government, or any Indian tribe that the Negotiator determines may be affected by the siting of a repository or monitored retrievable storage facility and may include in any proposed agreement such terms and conditions relating to the interest of such States, affected units of local government, or Indian tribes as the Negotiator determines to be reasonable and appropriate.
**(c) Consultation with other Federal agencies** The Negotiator may solicit and consider the comments of the Secretary, the Nuclear Regulatory Commission, or any other Federal agency on the suitability of any potential site for site characterization. Nothing in this subsection shall be construed to require the Secr
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Source location: Title 42, Chapter 108, § 10261; chapter-108-nuclear-waste-policy.md
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**(a) Negotiations with potential hosts**
(1) The Negotiator shall—
(A) seek to enter into negotiations on behalf of the United States, with—
(i) the Governor of any State in which a potential site is located; and
(ii) the governing body of any Indian tribe on whose reservation a potential site is located; and
(B) attempt to reach a proposed agreement between the United States and any such State or Indian tribe specifying the terms and conditions under which such State or tribe would agree to host a repository or monitored retrievable storage facility within such State or reservation.
(2) In any case in which State law authorizes any person or entity other than the Governor to negotiate a proposed agreement under this section on behalf of the State, any reference in this subchapter to the Governor shall be considered to refer instead to such other person or entity.
**(b) Consultation with affected States, subdivisions of States, and tribes** In addition to entering into negotiations under subsection (a), the Negotiator shall consult with any State, affected unit of local government, or any Indian tribe that the Negotiator determines may be affected by the siting of a repository or monitored retrievable storage facility and may include in any proposed agreement such terms and conditions relating to the interest of such States, affected units of local government, or Indian tribes as the Negotiator determines to be reasonable and appropriate.
**(c) Consultation with other Federal agencies** The Negotiator may solicit and consider the comments of the Secretary, the Nuclear Regulatory Commission, or any other Federal agency on the suitability of any potential site for site characterization. Nothing in this subsection shall be construed to require the Secretary, the Nuclear Regulatory Commission, or any other Federal agency to make a finding that any such site is suitable for site characterization.
**(d) Proposed agreement**
(1) The Negotiator shall submit to the Congress any proposed agreement between the United States and a State or Indian tribe negotiated under subsection (a) and an environmental assessment prepared under [section 10244(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10244/a&num=0&edition=prelim) for the site concerned.
(2) Any such proposed agreement shall contain such terms and conditions (including such financial and institutional arrangements) as the Negotiator and the host State or Indian tribe determine to be reasonable and appropriate and shall contain such provisions as are necessary to preserve any right to participation or compensation of such State, affected unit of local government, or Indian tribe under sections 10136(c), 10137, and 10138(b) of this title.
(3)
(A) No proposed agreement entered into under this section shall have legal effect unless enacted into Federal law.
(B) A State or Indian tribe shall enter into an agreement under this section in accordance with the laws of such State or tribe. Nothing in this section may be construed to prohibit the disapproval of a proposed agreement between a State and the United States under this section by a referendum or an act of the legislature of such State.
(4) Notwithstanding any proposed agreement under this section, the Secretary may construct a repository or monitored retrievable storage facility at a site agreed to under this subchapter only if authorized by the Nuclear Regulatory Commission in accordance with the Atomic Energy Act of 1954 [[42 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2011&num=0&edition=prelim) et seq.], title II of the Energy Reorganization Act of 1982 ([42 U.S.C. 5841](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5841&num=0&edition=prelim) et seq.) and any other law applicable to authorization of such construction.
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Federal law — U.S. Code and appendices · legal_authorities
No person shall on the ground of sex be excluded from participation in, be denied a license under, be denied the benefits of, or be subjected to discrimination under any program or activity carried on or receiving Federal assistance under any subchapter of this chapter. This provision will be enforced through agency provisions and rules similar to those already established, with respect to racial and other discrimination, under title VI of the Civil Rights Act of 1964 [[42 U.S.C. 2000d](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000d&num=0&edition=prelim) et seq.]. However, this remedy is not exclusive and will not prejudice or cut off any other legal remedies available to a discriminatee.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General requirements; applicability to appropriations** All appropriations made to the Energy Research and Development Administration or the Administrator shall, except as otherwise provided by law, be subject to annual authorization in accordance with [section 2017 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2017&num=0&edition=prelim), [section 5915 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5915&num=0&edition=prelim), and [section 5875 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5875&num=0&edition=prelim). The provisions of this section shall apply with respect to appropriations made pursuant to the Act providing such authorization (hereinafter in this section referred to as “annual authorization Acts”).
**(b) Requirements and limitations respecting funds appropriated for operating expenses**
(1) Funds appropriated pursuant to an annual authorization Act for “Operating expenses” may be used for—
(A) the construction or acquisition of any facilities, or major items of equipment, which may be required at locations other than installations of the Administration, for the performance of research, development, and demonstration activities, and
(B) grants to any organization for purchase or construction of research facilities.
No such funds shall be used under this subsection for the acquisition of land. Fee title to all such facilities and items of equipment shall be vested in the United States, unless the Administrator or his designee determines in writing that the research, development, and demonstration authorized by such Act would best be implemented by permitting fee title or any other property interest to be vest
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Federal law — U.S. Code and appendices · legal_authorities
Atomic energy is capable of application for peaceful as well as military purposes. It is therefore declared to be the policy of the United States that—
**(a)** the development, use, and control of atomic energy shall be directed so as to make the maximum contribution to the general welfare, subject at all times to the paramount objective of making the maximum contribution to the common defense and security; and
**(b)** the development, use, and control of atomic energy shall be directed so as to promote world peace, improve the general welfare, increase the standard of living, and strengthen free competition in private enterprise.
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Federal law — U.S. Code and appendices · legal_authorities
Page 8025
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 10262
(8) use the United States mails in the same
manner and under the same conditions as
other departments and agencies of the United
States;
(9) hold such hearings as are necessary to de-
termine the views of interested parties and the
general public; and
(10) appoint advisory committees under
chapter 10 of title 5.
(Pub. L. 97–425, title IV, § 408, as added Pub. L.
100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat.
1329–104, 1329–121; Pub. L. 100–203, title V, § 5041,
Dec. 22, 1987, 101 Stat. 1330–247; amended Pub. L.
117–286, § 4(a)(273), Dec. 27, 2022, 136 Stat. 4336.)
Editorial Notes
CODIFICATION
Pub. L. 100–202 and Pub. L. 100–203 added identical
sections.
AMENDMENTS
2022—Par. (10). Pub. L. 117–286 substituted ‘‘chapter 10
of title 5.’’ for ‘‘the Federal Advisory Committee Act (5
U.S.C. App.).’’
Statutory Notes and Related Subsidiaries
REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY
RATES
References in laws to the rates of pay for GS–16, 17,
or 18, or to maximum rates of pay under the General
Schedule, to be considered references to rates payable
under specified sections of Title 5, Government Organi-
zation and Employees, see section 529 [title I, § 101(c)(1)]
of Pub. L. 101–509, set out in a note under section 5376
of Title 5.
§ 10249. Cooperation of other departments and
agencies
Each department, agency, and instrumen-
tality of the United States, including any inde-
pendent agency, may furnish the Negotiator
such information as he determines to be nec-
essary to carry out his functions under this sub-
chapter.
(Pub. L. 97–425, title IV, § 409, as added Pub. L.
100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat.
1329–104, 1329–121; Pub. L. 100–203, title V, § 5041,
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10261
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Federal law — U.S. Code and appendices · legal_authorities
Page 5360
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2011
Sec.
2297f–2.
Regulation of Restricted Data.
SUBCHAPTER VII—DECONTAMINATION AND
DECOMMISSIONING
2297g.
Uranium Enrichment Decontamination
and Decommissioning Fund.
2297g–1.
Deposits.
2297g–2.
Department facilities.
2297g–3.
Employee provisions.
2297g–4.
Reports to Congress.
SUBCHAPTER VIII—UNITED STATES ENRICHMENT
CORPORATION PRIVATIZATION
2297h.
Definitions.
2297h–1.
Sale of Corporation.
2297h–2.
Method of sale.
2297h–3.
Establishment of private corporation.
2297h–4.
Transfers to private corporation.
2297h–5.
Leasing of gaseous diffusion facilities.
2297h–6.
Transfer of contracts.
2297h–7.
Liabilities.
2297h–8.
Employee protections.
2297h–9.
Ownership limitations.
2297h–10.
Uranium transfers and sales.
2297h–10a.
Incentives for additional downblending
of highly enriched uranium by the Rus-
sian Federation.
2297h–10b.
Secretarial
determinations;
congres-
sional notification.
2297h–11.
Low-level waste.
2297h–12.
AVLIS.
2297h–13.
Application of certain laws.
Editorial Notes
CODIFICATION
The Atomic Energy Act of 1954, which is classified
principally to this chapter, is act Aug. 1, 1946, ch. 724.
It was originally enacted as the Atomic Energy Act of
1946, act Aug. 1, 1946, ch. 724, 60 Stat. 755, which con-
sisted of sections 1 to 21 and was classified generally to
chapter 14 (§ 1801 et seq.) of this title. The Atomic En-
ergy Act of 1946 was renamed the Atomic Energy Act of
1954 and amended generally by act Aug. 30, 1954, ch.
1073, § 1, 68 Stat. 919, and was subsequently transferred
to this chapter. Sections that were enacted as part of
the 1954 general amendment are shown herein as having
been added to act Aug. 1, 1946, and not as amending it,
due to the
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2011
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Federal law — U.S. Code and appendices · legal_authorities
Page 6604
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5841
472, which is classified principally to chapter 24 (§ 2301
et seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under sec-
tion 2301 of this title and Tables.
The Strategic and Critical Materials Stockpiling Act,
as amended, referred to in subsec. (h)(1), is act June 7,
1939, ch. 190, as revised generally by Pub. L. 96–41, § 2,
July 30, 1979, 93 Stat. 319, which is classified generally
to subchapter III (§ 98 et seq.) of chapter 5 of Title 50,
War and National Defense. For complete classification
of this Act to the Code, see section 98 of Title 50 and
Tables.
Act of May 16, 1910, as amended, referred to in subsec.
(h)(1), is act May 16, 1910, ch. 240, 36 Stat. 369, which en-
acted sections 1, 3, and 5 to 7 of Title 30, Mineral Lands
and Mining. For complete classification of this Act to
the Code, see Tables.
CODIFICATION
In subsec. (h), ‘‘section 3302(b) of title 31’’ substituted
for ‘‘section 3617 of the Revised Statutes (31 U.S.C. 484)’’
on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96
Stat. 1067, the first section of which enacted Title 31,
Money and Finance.
PRIOR PROVISIONS
Provisions similar to those in subsec. (g) of this sec-
tion were contained in the following appropriation au-
thorization acts, formerly classified to section 2017a–1
of this title.
Pub. L. 95–39, title III, § 304, June 3, 1977, 91 Stat. 189.
Pub. L. 94–187, title III, § 301, Dec. 31, 1975, 89 Stat.
1073.
Pub. L. 93–276, title I, § 103, May 10, 1974, 88 Stat. 118.
Pub. L. 93–60, § 103, July 6, 1973, 87 Stat. 144.
Pub. L. 92–314, title I, § 103, June 16, 1972, 86 Stat. 225.
Pub. L. 92–84, title I, § 103, Aug. 11, 1971, 85 Stat. 306.
Pub. L. 91–273,
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5841
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