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42 U.S.C. § 10165 — Available capacity for interim storage of spent nuclear fuel
Federal law — U.S. Code and appendices · legal_authorities
The Secretary, the Commission, and other authorized Federal officials shall each take such actions as such official considers necessary to encourage and expedite the effective use of available storage, and necessary additional storage, at the site of each civilian nuclear power reactor consistent with—
(1) the protection of the public health and safety, and the environment;
(2) economic considerations;
(3) continued operation of such reactor;
(4) any applicable provisions of law; and
(5) the views of the population surrounding such reactor.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10165
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Stable record: federal_law:legal_authorities:record_usc_8408af221c2bc15a9151fe05
Source file: Laws/federal/codes/united-states-code/title-42/section-10165-available-capacity-for-interim-storage-of-spent-nuclear-fuel--f87b52c8f3.md
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Passage SHA-256: 23324ed9f52d989ee423b3c87f8102bb649331352a3ea3162db3601c614b5602
Source location: Title 42, Chapter 108, § 10165; chapter-108-nuclear-waste-policy.md
Stored source content
The Secretary, the Commission, and other authorized Federal officials shall each take such actions as such official considers necessary to encourage and expedite the effective use of available storage, and necessary additional storage, at the site of each civilian nuclear power reactor consistent with—
(1) the protection of the public health and safety, and the environment;
(2) economic considerations;
(3) continued operation of such reactor;
(4) any applicable provisions of law; and
(5) the views of the population surrounding such reactor.
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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
Once selection of a site for a monitored retrievable storage facility is made by the Secretary under [section 10165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10165&num=0&edition=prelim), the Indian tribe on whose reservation the site is located, or, in the case that the site is not located on a reservation, the State in which the site is located, shall be eligible to enter into a benefits agreement with the Secretary under [section 10173 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10173&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10174
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Federal law — U.S. Code and appendices · legal_authorities
Page 8004
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 10165
1 So in original. Probably should be ‘‘section,’’.
survey and evaluation, the Secretary shall con-
sider the extent to which siting a monitored re-
trievable storage facility at each site surveyed
would—
(1) enhance the reliability and flexibility of
the system for the disposal of spent nuclear
fuel and high-level radioactive waste estab-
lished under this chapter;
(2) minimize the impacts of transportation
and handling of such fuel and waste;
(3) provide for public confidence in the abil-
ity of such system to safely dispose of the fuel
and waste;
(4) impose minimal adverse effects on the
local community and the local environment;
(5) provide a high probability that the facil-
ity
will
meet
applicable
environmental,
health, and safety requirements in a timely
fashion;
(6) provide such other benefits to the system
for the disposal of spent nuclear fuel and high-
level radioactive waste as the Secretary deems
appropriate; and
(7) unduly burden a State in which signifi-
cant volumes of high-level radioactive waste
resulting from atomic energy defense activi-
ties are stored.
(Pub. L. 97–425, title I, § 144, 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,
§ 5021, Dec. 22, 1987, 101 Stat. 1330–234.)
Editorial Notes
CODIFICATION
Pub. L. 100–202 and Pub. L. 100–203 added identical
sections.
§ 10165. Site selection
(a) In general
The Secretary may select the site evaluated
under section 10164 of this title that the Sec-
retary determines on the basis of available in-
formation to be the most suitable for a mon-
itored retrievable storage facility that is an in-
tegral part of the system for the disposal of
spen
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10165
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.